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Notice of Receipt of Petition for Decision That Nonconforming Model Year 2015 Ferrari 458 Speciale Aperta Passenger Cars Are Eligible for Importation


American Government Topics:  Ferrari 458 Speciale

Notice of Receipt of Petition for Decision That Nonconforming Model Year 2015 Ferrari 458 Speciale Aperta Passenger Cars Are Eligible for Importation

Claudia W. Covell
National Highway Traffic Safety Administration
30 November 2018


[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61717-61718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26062]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0088; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2015 Ferrari 458 Speciale Aperta Passenger Cars Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
certain model year (MY) 2015 Ferrari 458 Speciale Aperta 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 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 
MY 2015 Ferrari 458 Speciale Aperta PCs) and are capable of being 
readily altered to conform to the standards.

DATES: The closing date for comments on the petition is December 31, 
2018.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    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 comments you have submitted by mail 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.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Neil Thurgood, Office of Vehicle 
Safety Compliance, NHTSA, telephone (202) 366-0712.

SUPPLEMENTARY INFORMATION: 
    I. History: Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that 
was not originally manufactured to conform to all applicable FMVSS (49 
CFR 571) 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, Processing of Petitions, 
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.
    II. Summary of Petition: J.K. Technologies, LLC (JK), of Baltimore, 
Maryland (Registered Importer R-90-006) has petitioned NHTSA to decide 
whether nonconforming MY 2015 Ferrari 458 Speciale Aperta PCs are 
eligible for importation into the United States. The vehicles that JK 
believes are substantially similar are MY 2015 Ferrari 458 Speciale 
Aperta PCs manufactured for sale in the United States, and certified by 
their manufacturer as conforming to all applicable FMVSS.
    The petitioner submitted information with its petition intended to 
demonstrate that the subject non-U.S.-certified vehicles, 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 
2015 Ferrari 458 Speciale Aperta PCs, as originally manufactured, 
conform to: Standard Nos. 102 Transmission Shift Position 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, 114 Theft Protection 
and Rollaway Prevention, 116 Motor Vehicle Brake Fluids, 118 Power-
Operated Window, Partition, and Roof Panel Systems, 124 Accelerator 
Control Systems, 126 Electronic Stability Control Systems for Light 
Vehicles, 135 Light Vehicle Brake

[[Page 61718]]

Systems, 138 Tire Pressure Monitoring 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, 209 Seat Belt Assemblies, 210 Seat 
Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance; Applicable unless a Vehicle is 
Certified to Sec.  571.216a, 219 Windshield Zone Intrusion, 301 Fuel 
System Integrity, 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 of 
its software as described in the petition.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of wiring and programming to activate the 
required side marker lights.
    Standard No. 110 Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of 4,536 Kilograms (10,000 Pounds) or Less: Installation of 
the required tire information placard.
    Standard No. 111 Rear Visibility: Replacement of the passenger side 
mirror with the U.S.-model Component, or inscription of the required 
warning statement on the face of the existing mirror.
    Standard No. 208 Occupant Crash Protection: Replacement of several 
components as described in the petition. Replacement of the sensor mat 
in the passenger-side seat cushion, and activation of the SRS airbag 
control module. Replacement of sun visors with U.S.-model components to 
meet the labeling requirements of FMVSS No. 208.
    The petitioner further states that labels will be affixed to bring 
the vehicle into conformity with the requirements of 49 CFR parts 565 
and 567, VIN Content and Certification, respectively.
    III. Comments: All comments and supporting materials received 
before the close of business on the closing date indicated above will 
be filed in the docket and considered. Comments filed after the closing 
date will also be considered to the fullest extent possible and 
available for examination in the docket at the above addresses.
    Once the petition is granted or denied, notice of the decision will 
be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    This notice of receipt of the subject petition does not represent 
any agency decision or other exercise of judgment concerning the merits 
of the petition. 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.

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-26062 Filed 11-29-18; 8:45 am]
 BILLING CODE 4910-59-P

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