[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Notices]
[Pages 61549-61551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27129]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16356]


Notice of Receipt of Petition for Decision That Nonconforming 
2002 and 2003 Ferrari 575 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2002 and 2003 Ferrari 575 passenger cars 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 and 2003 Ferrari 575 passenger cars 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 November 28, 
2003.

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]. 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

[[Page 61550]]

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 (Volume 65, Number 70; Pages 
19477-78) or you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: (Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA 202-366-3151).

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 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 Ana, California (``G&K'') 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
2002 and 2003 Ferrari 575 passenger cars are eligible for importation 
into the United States. The vehicles which G&K believes are 
substantially similar are 2002 and 2003 Ferrari 575 passenger cars 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 and 2003 Ferrari 575 passenger cars 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 and 2003 Ferrari 575 passenger cars, 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 
and 2003 Ferrari 575 passenger cars 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, 118 
Power Window Systems, 124 Accelerator Control Systems, 135 Passenger 
Car Brake 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, 210 Seat Belt Assembly Anchorages, 212 Windshield Retention, 
214 Side Impact Protection, 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 as the marking 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 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: downloading of U.S.-version 
software information so that the vehicle complies with the standard.
    Standard No. 208 Occupant Crash Protection: inspection of all 
vehicles and replacement of any passive restraint system components 
that are not identical to the U.S.-model components with U.S.-model 
components. The petitioner states that the non-U.S. certified 
comparison vehicle is equipped with seatbelts that are not identical to 
the U.S.-model vehicle.
    Standard No. 209 Seat Belt Assemblies: inspection of all vehicles 
and replacement of any seat belts, air bags, knee bolsters, crash 
sensors, and air bag control units with U.S.-model components on 
vehicles that are not already so equipped. The petitioner states that 
the vehicles should be equipped with automatic restraint system 
components that are identical to those found on the vehicles' U.S. 
certified counterparts, and with combination lap and shoulder belts 
that are self-tensioning and are released by means of a single red push 
button.
    Standard No. 225 Child Restraint Anchorage Systems: installation of 
U.S.-model tether anchorages.
    Standard No. 301 Fuel System Integrity: replacement of the complete 
vent pipe, disareator, fuel tank connecting pipe, and pipe for vapor 
recycling with U.S.-model components.
    Standard No. 401 Interior Trunk Release: installation of compliant 
interior trunk release components, including an inner hood unlocking 
device, a safety handle for use by persons trapped within the trunk 
compartment, a cable for the handle, as well as connection hardware, a 
dowel and a clip.
    Petitioner states that front and rear bumper bracket components 
will have to be replaced with U.S. model components for the vehicles to 
comply with the Bumper Standard found in 49 CFR part 581. Petitioner 
identified the components requiring replacement as including left- and 
right-hand brackets and supports, as well as a pad and plate for the 
front bumper, and left- and right-hand brackets, as well as a plate, 
pad, bumper fixing plate, and rivet for the rear bumper.
    The petitioner states that all vehicles will be inspected prior to 
importation to ensure that all required anti-theft devices identical to 
those found on the vehicles' U.S. certified counterparts are installed. 
Any modifications necessary to achieve compliance with the Theft 
Prevention Standard found at 49 CFR part 541 will be made at that time.
    In addition, the petitioner states that a vehicle identification 
number (VIN) plate must be affixed to the vehicles so

[[Page 61551]]

that it is readable from outside the driver's windshield pillar and a 
VIN reference label must be affixed to the edge of the driver's door or 
to the latch post nearest the driver in order to meet the VIN 
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: October 23, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-27129 Filed 10-27-03; 8:45 am]
BILLING CODE 4910-59-P