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