Notice of Receipt of Petition for Decision That Nonconforming Model Year 2013 and 2014 Ferrari F12 Berlinetta Passenger Cars Are Eligible for Importation |
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Topics: Ferrari F12 Berlinetta
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
7 December 2016
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88318-88320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29268]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0104; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2013 and 2014 Ferrari F12 Berlinetta Passenger Cars Are
Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
model year (MY) 2013 and 2014 Ferrari F12 Berlinetta passenger cars
(PCs) that were not originally manufactured to comply with all
applicable Federal motor vehicle safety standards (FMVSS), are eligible
for importation into the United States because (1) they are
substantially similar to vehicles that were originally manufactured for
sale in the United States and certified by their manufacturer as
complying with the safety standards (the U.S.-certified version of the
MY 2013 and 2014 Ferrari F12 Berlinetta PC), and (2) they are capable
of being readily altered to conform to the standards.
DATES: The closing date for comments on the petition is January 6,
2017.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
How to Read Comments Submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at https://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.
FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA (202-366-5308).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same model year as
the model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with
[[Page 88319]]
NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register of each petition that it
receives, and affords interested persons an opportunity to comment on
the petition. At the close of the comment period, NHTSA decides, on the
basis of the petition and any comments that it has received, whether
the vehicle is eligible for importation. The agency then publishes this
decision in the Federal Register.
G&K Automotive Conversion, Inc. (G&K) of Santa Ana, California
(Registered Importer R-90-007) has petitioned NHTSA to decide whether
nonconforming MY 2013 and 2014 Ferrari F12 Berlinetta PCs are eligible
for importation into the United States. The vehicles which G&K believes
are substantially similar are MY 2013 and 2014 Ferrari F12 Berlinetta
PCs sold in the United States and certified by their manufacturer as
conforming to all applicable FMVSS.
The petitioner claims that it compared non-U.S. certified MY 2013
and 2014 Ferrari F12 Berlinetta PCs to their U.S.-certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS.
G&K submitted information with its petition intended to demonstrate
that non-U.S. certified MY 2013 and 2014 Ferrari F12 Berlinetta PCs, as
originally manufactured, conform to many applicable FMVSS in the same
manner as their U.S.-certified counterparts, or are capable of being
readily altered to conform to those standards.
Specifically, the petitioner claims that the non U.S.-certified MY
2013 and 2014 Ferrari F12 Berlinetta PCs, as originally manufactured,
conform to: Standard Nos. 102 Transmission Shift Lever Sequence,
Starter Interlock, and Transmission Braking Effect, 103 Windshield
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing
Systems, 106 Brake Hoses, 113 Hood Latch System, 116 Motor Vehicle
Brake Fluids, 118 Power-Operated Window, Partition, and Roof panel
System, 124 Accelerator Control Systems, 135 Light Vehicle Brake
Systems, 139 New Pneumatic Radial Tires for Light Vehicles, 201
Occupant Protection in Interior Impact, 202a Head Restraints, 204
Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door
Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt
Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting,
216 Roof Crush Resistance, 219 Windshield Zone Intrusion, and 302
Flammability of Interior Materials.
The petitioner also contends that the subject non-U.S certified
vehicles are capable of being readily altered to meet the following
standards, in the manner indicated:
Standard No. 101 Controls and Displays: The speedometer and
associated software must be modified to indicate vehicle speed in miles
per hour (MPH).
Inspection of all vehicles and modification of any vehicles that
fail to have all required displays and indicators function as required
by the standard such that they comply with the standard.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Installation of front and rear side marker lamps with U.S.-
conforming components.
Inspection of all vehicles and installation of U.S.-model headlamps
on vehicles not already so equipped to ensure that the vehicles meet
the requirements of this standard.
Standard No. 110 Tire Selection and Rims: Installation of the
required tire information placard.
Standard No. 111 Rearview Mirrors: Inscription of the required
warning statement on the face of the passenger side rearview mirror.
Standard No. 114 Theft Protection: Program the warning system to be
activated when the key is left in the locking device and the driver's
door is open to comply with the requirements of this standard.
Standard No. 138 Tire Pressure Monitoring Systems: Inspect each
vehicle to make sure the TPMS system has the [same] required functions
as the U.S.-companion model.
Standard No. 208 Occupant Crash Protection: The passenger side air
bag control system must be reprogramed so that the advanced air bag
system function is identical to the U.S.-companion model.
Standard No. 214 Side Impact Protection: Verify the door beams on
every incoming vehicle are original.
Standard No. 401 Interior Trunk Release: Installation of a U.S.-
model interior trunk release system.
Standard No. 225 Child Restraint Anchorage Systems: Installation of
a U.S. model child restraint anchorage system.
Standard No. 301 Fuel System Integrity: All vehicles must be
inspected and any non U.S.-model fuel system components must be
replaced with U.S.-model components to meet the requirements of the
standard.
The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicle near the left windshield pillar to
meet the requirements of 49 CFR part 565.
Because the subject petition covers nonconforming vehicles that
have been manufactured on or after September 1, 2006, compliance with
the advanced air bag requirements of FMVSS No. 208 is of significant
concern to the agency. NHTSA is therefore particularly interested in
comments regarding the ability of a Registered Importer to readily
alter the subject vehicles to fully meet the driver and front outboard
passenger frontal crash protection and child passenger protection
requirements of FMVSS No. 208. The following is a partial listing of
the components that may be affected:
a. Driver's frontal air bag module
b. Passenger frontal air bag module
c. Passenger frontal air bag cover
d. Knee air bags
e. Knee bolsters
f. Passenger outboard frontal seat belt system
g. Driver and front outboard seat assemblies including seat tracks and
internal seat components
h. Steering wheel components, including the clock spring assembly, the
steering column, and all connecting components
i. Instrument panel
j. Instrument panel support structure (i.e. cross beam)
k. Occupant sensing and classification systems, including sensors and
processors
l. Restraint control modules
m. Passenger air bag status indicator light system, including related
display components and wiring
n. Wiring harnesses between the restraint control module, occupant
classification system and restraint system components
o. Control system computer software and firmware.
All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.
[[Page 88320]]
Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-29268 Filed 12-6-16; 8:45 am]
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