Notice of Receipt of Petition for Decision That Nonconforming Model Year 1996 and 1997 Ferrari F50 Passenger Cars Are Eligible for Importation

Topics:  Ferrari F50

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
21 October 2016

[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72852-72853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25487]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0094; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 1996 and 1997 Ferrari F50 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) 1996 and 1997 Ferrari F50 passenger cars (PC) that were 
not originally manufactured to comply with all applicable Federal motor 
vehicle safety standards (FMVSS) are eligible for importation into the 
United States. A motor vehicle that was not originally manufactured to 
conform to all applicable FMVSS, and has no substantially similar U.S.-
certified counterpart, shall be refused admission into the United 
States unless NHTSA has decided that the motor vehicle has safety 
features that comply with, or are capable of being altered to comply 
with, all applicable FMVSS based on destructive test data or such other 
evidence as NHTSA decides to be adequate.

DATES: The closing date for comments on the petition is November 21, 
2016.

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)(B), 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 has safety features that comply with or are capable 
of being altered to comply all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with 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.
    J.K. Technologies, LLC (J.K.), Inc. of Baltimore, Maryland 
(Registered Importer R-90-006) has petitioned NHTSA to decide whether 
nonconforming 1996 and 1997 Ferrari F50 PC's are eligible for 
importation into the United States. J.K. believes these vehicles are 
capable of being modified to meet all applicable FMVSS. The petitioner 
seeks to use the U.S.-certified version of the 1995 Ferrari F50 PC for 
comparative purposes in establishing the import eligibility of the non-
U.S. certified 1996 and 1997 models. The petitioner claims there is 
precedence for this approach in action taken by the agency on a 
petition involving Mercedes Benz S and SL class vehicles. The agency 
notes that in a petition involving MY 2001 and 2002 Mercedes-Benz SL 
class PC's, the petitioner, which was also J.K., asserted that even 
though there were no substantially similar U.S.-certified vehicles of 
the same model years, the petitioned vehicles had the same part numbers 
as those found on the U.S.-certified MY 2003 Mercedes-Benz SL class 
PC's, and that, as a consequence, the conformance modifications would 
be the same and utilize the same procedures as those required for 
conforming a non-U.S. certified version MY 2003 vehicle. See 67 FR 
68908 (November 13, 2002). In like manner, J.K. asserts in this 
instance that the 1995 Ferrari F50 PC uses all of the same safety 
systems and part numbers to meet the FMVSS as the 1996 and 1997 
versions.
    J.K. contends that non-U.S. certified 1996 and 1997 Ferrari F50 
PC's, as originally manufactured, meet FMVSS in many areas in the same 
manner as the U.S.-certified 1995 Ferrari F50 PC. The petitioner notes 
that many of the concerned parts have the same parts numbers as those 
on the U.S.-certified prior year model. Moreover, it claims that in all 
areas that have to be modified the parts will be supplied by the OEM 
manufacturer. J.K. asserts that the modifications that will be needed 
do not concern the basic structure of the vehicle, but only removable 
and available parts.
    Specifically, the petitioner claims that the non U.S.-certified MY 
1996 and 1997 Ferrari F50 PC's, 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, 105 
Hydraulic Brake Systems, 106 Brake Hoses, 109 New

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Pneumatic and certain Specialty Tires, 113 Hood Latch System, 116 Motor 
Vehicle Brake Fluids, 124 Accelerator Control Systems, 201 Occupant 
Protection in Interior Impact, 202 Head Restraints, 203 Impact 
Protection for the driver from the Steering Control System, 204 
Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door 
Locks and Door Retention Components, 207 Seating Systems, 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: Replacement of the 
instrument cluster with the U.S.-model component and reprogramming the 
associated software as described in the petition.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.-conforming side marker lamps, 
headlamps, tail lamps, stop lamps, parking lamps, backup lamps turn 
signal lamps, and reflex reflectors with U.S.-model components if not 
already so equipped.
    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 or 
replacement of the mirror with a U.S.-model mirror.
    Standard No. 114 Theft Protection: Reprogramming the body and 
instrument ECU to activate the key warning and belt warning systems.
    Standard No. 118: Power Operated Window, Partition and Roof Panel 
Systems: Reprogramming the window control module.
    Standard No. 208 Occupant Crash Protection: Replacement of passive 
restraint system components, including the electrical wiring harness, 
the passenger's side seat belt, seatbelt tracks and electronic control 
unit (ECU), with U.S.-model components as described in the petition.
    Standard No. 209 Seat Belt Assemblies: Replacement of the seat 
belts with U.S.-model components.
    Standard No. 214 Side Impact Protection: Installation of U.S.-model 
side impact protection bars in the doors.
    Standard No. 301 Fuel System Integrity: Replacement of fuel system 
components with U.S.-model components as necessary to meet all 
applicable requirements of the standards.
    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.
    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.

    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. 2016-25487 Filed 10-20-16; 8:45 am]
 BILLING CODE 4910-59-P