[Federal Register Volume 67, Number 175 (Tuesday, September 10, 2002)]
[Notices]
[Pages 57479-57481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22950]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13219]


Notice of Receipt of Petition for Decision That Nonconforming 
2002 Ferrari 360 Passenger Cars Manufactured Before September 1, 2002 
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2002 Ferrari 360 passenger cars manufactured before September 1, 2002 
are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2002 Ferrari 360 passenger cars manufactured before September 1, 2002 
that were not originally manufactured to comply with all applicable 
Federal motor vehicle safety standards are eligible for importation 
into the United States because (1) they are substantially similar to 
vehicles that were originally manufactured for importation into and 
sale in the United States and that were certified by their manufacturer 
as complying with the safety standards, and (2) they are capable of 
being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is October 10, 
2002.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 am to 
5 pm].

FOR FURTHER INFORMATION CONTACT: Luke Loy, 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

[[Page 57480]]

applicable Federal motor vehicle safety standards 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 Federal motor vehicle 
safety standards.
    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 Conversion, Inc. of Santa Anna, California (``G&K'') 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
2002 Ferrari 360 passenger cars manufactured before September 1, 2002 
are eligible for importation into the United States. The vehicles which 
G&K believes are substantially similar are 2002 Ferrari 360 passenger 
cars manufactured before September 1, 2002 that were manufactured for 
importation into, and sale in, the United States and certified by their 
manufacturer as conforming to all applicable Federal motor vehicle 
safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
2002 Ferrari 360 passenger cars manufactured before September 1, 2002 
to their U.S.-certified counterparts, and found the vehicles to be 
substantially similar with respect to compliance with most Federal 
motor vehicle safety standards.
    G&K submitted information with its petition intended to demonstrate 
that non-U.S. certified 2002 Ferrari 360 passenger cars manufactured 
before September 1, 2002, as originally manufactured, conform to many 
Federal motor vehicle safety standards 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 2002 
Ferrari 360 passenger cars manufactured before September 1, 2002 are 
identical to their U.S. certified counterparts with respect to 
compliance with Standard Nos. 102 Transmission Shift Lever Sequence * * 
*., 103 Defrosting and Defogging Systems, 104 Windshield Wiping and 
Washing Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood 
Latch Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 135 
Passenger Car Brake Systems, 202 Head Restraints, 204 Steering Control 
Rearward Displacement, 205 Glazing Materials,  206 Door Locks and Door 
Retention Components, 207 Seating Systems, 212 Windshield Retention, 
216 Roof Crush Resistance, 219 Windshield Zone Intrusion, and 302 
Flammability of Interior Materials.
    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: (a) Substitution of the 
word ``Brake'' for the ECE warning symbol on the markings for the brake 
failure indicator lamp; (b) modification of the speedometer to read in 
miles per hour. The petitioner states that the instrument cluster will 
be modified by installing a microchip and downloading U.S.-version 
software information which will result in the seat belt warning symbol 
and other warning emblems reading appropriately in English.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model front and rear sidemarker 
assemblies; (b) modification of the tail lamp assembly wiring (by 
welding the circuit in the tail lamp assembly) so that the tail lamps 
will operate in the same manner as those on the vehicle's U.S.-
certified counterpart.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: inscription of the required 
warning statement on the face of the passenger side rearview mirror.
    Standard No. 114 Theft Protection: installation of a microchip in 
the instrument cluster and downloading of U.S.-version software 
information so that the vehicle complies with the standard.
    Standard No. 118 Power Window Systems: inspection of all vehicles 
and installation, on vehicles that are not already so equipped, of a 
relay in the power window control circuit so that the window transport 
mechanism is inoperative when the ignition switch is in the ``off'' 
position.
    Standard No. 201 Occupant Protection in Interior Impact: inspection 
of all vehicles and installation, on vehicles that are not already so 
equipped, of trim components that are necessary to comply with the 
upper interior impact requirements of the standard.
    Standard No. 208 Occupant Crash Protection: inspection of all 
vehicles and replacement of the driver's and passenger's side air bags, 
knee bolsters, air bag control units, and seat belts if they are not 
identical to the U.S.-model components. The petitioner states that the 
vehicles are equipped with Type 2 combination lap and shoulder belts 
which are identical to those installed on the U.S. certified 
counterpart vehicle. According to the petitioner, these seat belts are 
automatic, self-tensioning, and capable of being released by means of a 
single red push button.
    Standard No. 209 Seat Belt Assemblies: inspection of all vehicles 
and replacement of the seat belt assemblies with U.S.-model components 
on vehicles that are not already so equipped.
    Standard No. 210 Seat Belt Assembly Anchorages: inspection of all 
vehicles and replacement of the seat belt assembly anchorages and 
components with U.S.-model tether anchorage components on vehicles that 
are not already so equipped.
    Standard No. 214 Side Impact Protection: inspection of all vehicles 
and installation of U.S.-model doors on vehicles that are not equipped 
with factory installed door beams.
    Standard No. 225 Child Restraint Anchorage Systems: installation of 
U.S.-model tether anchorages.
    Standard No. 301 Fuel System Integrity: replacement of the charcoal 
canister, air pump, fuel filler neck, and rollover valve with U.S.-
model components, providing a sufficient connection between the fuel 
tank and the U.S.-model fuel filler neck.
    Because the petitioner is only seeking import eligibility for 2002 
Ferrari 360 passenger cars manufactured before September 1, 2002, those 
vehicles will not have to be conformed to the requirements of Standard 
No. 401 Interior Trunk Release.
    The petitioner states that the front and rear bumpers of the 
vehicle will be replaced with U.S.-model components to meet the 
requirements of the Bumper Standard found in 49 CFR part 581.
    The petitioner also states that all vehicles will be inspected 
prior to importation to ensure that all required anti-theft devices 
identical to those found on the U.S. certified counterpart vehicles are 
installed. Any modifications necessary to achieve compliance with the 
Theft Prevention Standard in 49 CFR part 541 will be made at that time.

[[Page 57481]]

    In addition, the petitioner states that a vehicle identification 
number (VIN) plate must be affixed to the vehicles so that it is 
readable from outside the driver's windshield pillar, and a reference 
and certification label must be affixed to the edge of the driver's 
side door or to the latch post nearest the driver to meet the 
requirements of 49 CFR part 565.
    Lastly, the petitioner states that a certification label will be 
affixed to the driver's side doorjamb to meet the requirements of the 
vehicle certification regulations in 49 CFR part 567.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW., 
Washington, DC 20590. [Docket hours are from 9 am to 5 pm]. It is 
requested but not required that 10 copies be submitted.
    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 address 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) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: September 5, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-22950 Filed 9-9-02; 8:45 am]
BILLING CODE 4910-59-P