Notice of Receipt of Petition for Decision That Nonconforming Model Year 2008-2011 Ferrari 599 Passenger Cars Are Eligible for Importation

Topics:  Ferrari 599

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

[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47491-47493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17191]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0055; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2008-2011 Ferrari 599 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 
model year (MY) 2008-2011 Ferrari 599 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 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 2008-2011 Ferrari 599 PC) 
and they are capable of being readily altered to conform to the 
standards.

DATES: The closing date for comments on the petition is August 22, 
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 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

[[Page 47492]]

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 (JK), Inc. of Baltimore, MD (Registered Importer 
R-90-006) has petitioned NHTSA to decide whether nonconforming 2008-
2011 Ferrari 599 PC's are eligible for importation into the United 
States. The vehicles which JK believes are substantially similar are MY 
2008-2011 Ferrari 599 PC's 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 2008-
2011 Ferrari 599 PC's to their U.S.-certified counterparts, and found 
the vehicles to be substantially similar with respect to compliance 
with most FMVSS.
    JK submitted information with its petition intended to demonstrate 
that non-U.S. certified MY 2008-2011 Ferrari 599 PC's, 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 2008-2011 Ferrari 599 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, 106 Brake Hoses, 109 New pneumatic and 
certain specialty tires, 113 Hood Latch System, 116 Motor Vehicle Brake 
Fluids, 124 Accelerator Control Systems, 126 Electronic Stability 
Control Systems, 135 Light vehicle brake systems, 201 Occupant 
Protection in Interior Impact, 202a 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, 210 Seat Belt Assembly Anchorages, 
212 Windshield Mounting, 213 Child restraint systems, 214 Side Impact 
Protection, 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 U.S. model components and reprogramming as 
described in the petition and its attachments.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Replacement of the front and rear side marker lamps, 
headlamps and tail lamps with U.S.-conforming components and 
reprogramming the associated ECU software as described in the petition 
and its attachments.
    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 the U.S. model mirror.
    Standard No. 114 Theft Protection: Reprogramming the body and ECU 
programs to activate the key warning and seat belt warning systems as 
described in the petition and its attachments.
    Standard No. 118 Power-Operated Window, Partition, and Roof panel 
System: Reprogramming of the vehicle ECU, as described in the petition 
and its attachments to meet the requirements of the standard.
    Standard No. 138 Tire Pressure Monitoring Systems: Reprogramming of 
the vehicle ECUs and replacement or addition of TPMS components with 
U.S.-model components as necessary to meet the requirements of the 
standard as described in the petition and its attachments.
    Standard No. 207 Seating Systems: Replacement of all seats with 
U.S.-model seats if necessary to meet the requirements of the standard 
and FMVSS No. 208, as described in the petition and its attachments.
    Standard No. 208 Occupant Crash Protection: Replacement of any seat 
belts, airbags, sensors, control units (ECU), wiring harnesses, knee 
bolsters, braces and software that are not identical to the U.S. model 
components with U.S. model components.
    After installation of any new components, verification of system 
compliance will be completed as stated in the petition and its 
attachments.
    Standard No. 209 Seat Belt Assemblies: Replacement of the passenger 
seat belt assembly with U.S. model components as necessary to meet the 
requirements of the standard.
    Standard No. 225 Child Restraint Anchorage Systems: Replacement of 
or addition of anchorage components with U.S. model components as 
necessary to meet the requirements of the standard.
    Standard No. 301 Fuel System Integrity: The fuel system will need 
to be modified as described in the petition and its attachments as 
necessary to meet the requirements of the standard.

[[Page 47493]]

    Standard No. 401 Interior Trunk Release: A trunk release mechanism 
must be installed to meet the requirements of the standard.
    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. 2016-17191 Filed 7-20-16; 8:45 am]
 BILLING CODE 4910-59-P