Notice of Receipt of Petition for Decision That Nonconforming 2005 Ferrari 612 Scaglietti Passenger Cars Are Eligible for Importation

Topics:  Ferrari 612 Scaglietti

Claude H. Harris
National Highway Traffic Safety Administration
December 28, 2012

[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Notices]
[Pages 76599-76601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31209]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0163, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2005 Ferrari 612 Scaglietti Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

[[Page 76600]]


ACTION: Notice of 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 
nonconforming 2005 Ferrari 612 Scaglietti passenger cars 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 they are substantially similar to vehicles that 
were originally manufactured for sale in the United States and that 
were certified by their manufacturer as complying with the safety 
standards (the U.S.-certified version of the 2005 Ferrari 612 
Scaglietti passenger cars) and they are capable of being readily 
altered to conform to the standards.

DATES: The closing date for comments on the petition is January 28, 
2013.

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 http://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 http://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 http://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 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 Conversions, Inc., of Santa Ana, California (G&K) 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
nonconforming 2005 Ferrari 612 Scaglietti passenger cars are eligible 
for importation into the United States. The vehicles which G&K believes 
are substantially similar are 2005 Ferrari 612 Scaglietti passenger 
cars that were manufactured for sale 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 2005 
Ferrari 612 Scaglietti passenger cars 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 2005 Ferrari 612 Scaglietti passenger cars as 
originally manufactured, conform to many 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 non-U.S. certified 2005 Ferrari 612 Scaglietti passenger 
cars are identical to their U.S. certified counterparts with respect to 
compliance with 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, 109 New Pneumatic Tires, 113 Hood Latch 
System, 116 Motor Vehicle Brake Fluids, 118 Power-Operated Window, 
Partition, and Roof Panel Systems, 124 Accelerator Control Systems, 135 
Light Vehicle Brake Systems, 201 Occupant Protection in Interior 
Impact, 202 Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention 
Components, 207 Seating Systems, 208 Occupant Crash Protection, 209 
Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield 
Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, and 302 Flammability of Interior Materials.
    The petitioner also contends that the 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 and associated software with U.S.-model components, 
or modification of the existing cluster and software.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Replacement of the front and rear side marker lamps with 
U.S.-model components.
    Standard No. 110 Tire Selection and Rims for Motor Vehicles with a 
GVWR of 4,536 kilograms (10,000 pounds) or Less: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model 
passenger side rearview mirror, or inscription of

[[Page 76601]]

the required warning statement on the face of the existing mirror.
    Standard No. 114 Theft Protection: Reprogram the starting system to 
meet the requirements of this standard.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
U.S.-model child restraint anchorage system components.
    Standard No. 301 Fuel System Integrity: Installation of U.S.-model 
fuel system components if not already installed.
    Standard No. 401 Interior Trunk Release: Installation of U.S.-model 
interior trunk release components.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicles near the left windshield post 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.

    Issued on: December 19, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-31209 Filed 12-27-12; 8:45 am]
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