Notice of Receipt of Petition for Decision That Nonconforming 2010 Ferrari California Passenger Cars Are Eligible for Importation |
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Topics: Ferrari 599GTO
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Coleman Sachs
National Highway Traffic Safety Administration
March 21, 2014
[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Pages 15800-15802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06165]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0107; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
2010 Ferrari California Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, 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
nonconforming 2010 Ferrari California 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 2010 Ferrari California)
and they are capable of being readily altered to conform to the
standards.
DATES: The closing date for comments on the petition is April 21, 2014.
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. e.t.,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: Comments must be written in the English language, and
be
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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.
J.K. Technologies, LLC of Baltimore, Maryland (Registered Importer
90-006) has petitioned NHTSA to decide whether nonconforming 2010
Ferrari California passenger cars are eligible for importation into the
United States. The vehicles which J.K. Technologies believes are
substantially similar are 2010 Ferrari California 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 2010
Ferrari California passenger cars to their U.S.-certified counterparts,
and found the vehicles to be substantially similar with respect to
compliance with most FMVSS.
J.K. Technologies submitted information with its petition intended
to demonstrate that non-U.S. certified 2010 Ferrari California
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 2010 Ferrari California
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, 113 Hood Latch System, 116 Motor
Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and Roof
Panel Systems, 124 Accelerator Control Systems, 126 Electronic
Stability Control Systems, 135 Light Vehicle Brake Systems, 138 Tire
Pressure Monitoring Systems, 139 New Pneumatic Radial Tires for Light
Vehicles, 201 Occupant Protection in Interior Impact, 202 Head
Restraints, 204 Steering Control Rearward Displacement, 205 Glazing
Materials, 206 Door Locks and Door Retention Components, 210 Seat Belt
Assembly Anchorages, 212 Windshield Mounting, 216 Roof Crush
Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint
Anchorage Systems, 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 with a U.S.-model component and reprogramming of the
vehicle computer.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Replacement of the headlamps, side marker lamps, and tail
lamps with U.S.-model components and reprogramming the vehicle computer
to activate necessary systems.
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: Replacement of the passenger
side rearview mirror with a U.S.-model component or inscription of the
required warning statement on the face of that mirror.
Standard No. 114 Theft Protection and Rollaway Prevention:
Reprogramming the vehicle computer to activate the key warning system.
Standard No. 118 Power-Operated Window, Partition, and Roof Panel
Systems: Reprogramming of the vehicle computer.
Standard No. 207 Seating Systems: Replacement of non-conforming
seating systems with parts complying with advanced airbag regulations
from U.S.-model of the vehicle.
Standard No. 208 Occupant Crash Protection: Inspection to confirm
that belts, airbags, sensors, control units, wiring harnesses, knee
bolsters, and braces bear U.S.-model part numbers. Non-U.S.-model parts
will be replaced with U.S.-model components to render the vehicle
identical to the U.S.-model in regards to the standard. Reprogram the
vehicle computer to activate the seat belt warning system.
Standard No. 209 Seat Belt Assemblies: Inspection of seatbelts and
replacement of non-conforming belts with U.S.-model components.
Standard No. 214 Side Impact Protection: Inspect each vehicle for
the presence of compliant door panel airbags as well as other side
impact components, replacing non-conforming parts with U.S.-model
components.
Standard No. 301 Fuel System Integrity: Inspection of all vehicles
and replacement of any non U.S.-model fuel system components with U.S.-
model
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components as necessary to conform to the requirements of FMVSS No.
301.
Standard No. 401 Interior Trunk Release: Installation of U.S.-model
interior trunk release components.
The petitioner states that the bumpers and bumper support structure
are identical to that of the U.S. certified model. However, the bumper
reinforcements and brackets must be inspected to ensure that the
correct components were installed prior to importation. If not, they
must be replaced with U.S.-model components to comply with 49 CFR Part
581.
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.
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.
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.
Dated: March 10, 2014.
Coleman Sachs,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-06165 Filed 3-20-14; 8:45 am]
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