[Federal Register Volume 68, Number 238 (Thursday, December 11, 2003)]
[Notices]
[Pages 69125-69127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30653]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2003-16612]
Notice of Receipt of Petition for Decision That Nonconforming
2002 Ferrari 360 Spider and Coupe Passenger Cars Manufactured From
September 1, 2002 Through December 31, 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 Spider and Coupe passenger cars manufactured from
September 1, 2002 through December 31, 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 Spider and Coupe passenger cars manufactured from
September 1, 2002 through December 31, 2002 that were not originally
manufactured to comply
[[Page 69126]]
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 January 12,
2004.
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 a.m.
to 5 p.m.).
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 (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.
NHTSA has previously decided that 2002 Ferrari 360 passenger cars
manufactured before September 1, 2002 are eligible for importation, and
assigned vehicle eligibility number VSP-402 to those vehicles. See
notice announcing decision published on April 3, 2003 at 68 FR 16346.
Automobile Concepts, Inc. of North Miami, Florida (``AMC'') (Registered
Importer 01-278) has petitioned NHTSA to decide whether 2002 Ferrari
360 Spider and Coupe passenger cars manufactured from September 1, 2002
through December 31, 2002 are eligible for importation into the United
States. The vehicles which AMC believes are substantially similar are
2002 Ferrari 360 Spider and Coupe passenger cars manufactured from
September 1, 2002 through December 31, 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 Spider and Coupe passenger cars manufactured from
September 1, 2002 through December 31, 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.
AMC submitted information with its petition intended to demonstrate
that non-U.S. certified 2002 Ferrari 360 Spider and Coupe passenger
cars manufactured from September 1, 2002 through December 31, 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 Spider and Coupe passenger cars manufactured from September
1, 2002 through December 31, 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.
The 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) Inscription of the word
``brake'' on the instrument cluster in place of the international ECE
warning symbol; (b) modification of the speedometer to read in miles
per hour. The petitioner states that these modifications will be
accomplished by programming the instrument cluster with downloaded U.S.
version information, which also results in the appropriate seat belt
warning symbol being displayed.
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 so that
the tail lamps will operate in the same manner as those on U.S.-
certified vehicles.
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: Programming the instrument
cluster with downloaded U.S. version information.
Standard No. 118 Power Window Systems: Inspection of each vehicle
and installation, on vehicles that are not already so equipped, of a
relay so that the windows will not operate with the ignition switched
off.
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
standard's upper interior impact requirements. The petitioner states
that it will install parts previously tested to the standard's
requirements by another registered importer, J.K. Technologies LLC of
Baltimore, Maryland. For the Spider version of the vehicle, the
petitioner identified these parts as including the left and right
pillar covers, the windscreen, and linings associated with those
components. For the Coupe, the petitioner identified the left and right
side rails, the right central pillar, the left pillar, and linings
associated with those components.
Standard No. 208 Occupant Crash Protection: Inspection of all
vehicles
[[Page 69127]]
and replacement of any seat belts, air bag control units, air bags, and
knee bolsters with U.S.-model components on vehicles that are not
already so equipped. Petitioner states that the vehicle should be
equipped with an automatic restraint system consisting of driver's and
passenger's air bags and knee bolsters, air bag crash sensors, and an
air bag control unit. Petitioner also states that the vehicle should be
equipped with combination lap and shoulder belts that are self-
tensioning and that release by means of a single red pushbutton.
Petitioner further states that the vehicle is equipped with a seat belt
warning lamp.
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 anchorages with U.S.-model
components on vehicle that are not already so equipped.
Standard No. 214 Side Impact Protection: Inspection of all vehicles
to ensure that they are equipped with door bars identical to those in
U.S. certified models and installation of those components on vehicles
that are not already so equipped.
Standard No. 225 Child Restraint Anchorage Systems: Installation of
U.S.-model tether anchorages in all coupe model vehicles.
Standard No. 301 Fuel System Integrity: Replacement of the charcoal
canister, air pump, fuel filler neck, and rollover valve with U.S.-
model components.
Standard No. 401 Interior Trunk Release: Installation of additional
cable and an actuator to permit the trunk lid to be released from
inside the trunk.
The petitioner states that all vehicles must be inspected prior to
importation to ensure that they are equipped with anti-theft devices
identical to those found on the U.S.-certified model, which are
necessary to meet the requirements of the Theft Prevention Standard
found in 49 CFR part 541. The petitioner states that the U.S.-model
component will be installed on any vehicles that are not already so
equipped.
In addition, the petitioner states that front and rear bumper
reinforcements must be added to the vehicles to comply with the Bumper
Standard found in 49 CFR part 581. The petitioner states that it will
use components that have already been tested to the requirements of the
Bumper Standard by another registered importer, Webautoworld of Pompano
Beach, Florida.
The petitioner also states that a vehicle identification plate must
be affixed to the vehicle near the left windshield post 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. In addition, a certification label
must be affixed to the driver's side doorjamb to meet the requirements
of 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 a.m. to 5 p.m.]. 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: December 3, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-30653 Filed 12-10-03; 8:45 am]
BILLING CODE 4910-59-P