[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Rules and Regulations]
[Pages 9424-9425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4399]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17181]


Notice of Receipt of Petition for Decision That Nonconforming 
2003 and 2004 Ferrari Enzo Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2003 and 2004 Ferrari Enzo 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 
2003 and 2004 Ferrari Enzo 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 March 29, 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

[[Page 9425]]

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.
    J.K. Technologies of Baltimore, Maryland (``J.K.'') (Registered 
Importer 90-006) has petitioned NHTSA to decide whether 2003 and 2004 
Ferrari Enzo passenger cars are eligible for importation into the 
United States. The vehicles that J.K. believes are substantially 
similar are 2003 and 2004 Ferrari Enzo 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 
2003 and 2004 Ferrari Enzo 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.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 2003 and 2004 Ferrari Enzo 
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 2003 
and 2004 Ferrari Enzo 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, 105 Hydraulic Brake 
Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch 
Systems, 116 Brake Fluid, 124 Accelerator Control 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, 
301 Fuel System Integrity, 302 Flammability of Interior Materials, and 
401 Interior Trunk Release.
    With regard to the Bumper Standard found at 49 CFR part 581, 
petitioner states that the vehicles are equipped with bumpers and 
support structures that are identical to those found on their U.S.-
certified counterparts, with the exception that front marker lights 
must be cut into appropriately marked castings on the front bumpers.
    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: reprogramming of the 
instrument cluster and replacement of several of the placards to comply 
with the requirements of this standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps and front 
sidemarker lights; (b) installation of U.S.-model taillamp assemblies, 
which incorporate rear sidemarker lights, or modification of the 
existing assemblies to meet the standard.
    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 passenger side rearview mirror, or replacement 
of that mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: programming of the vehicles to 
activate the key warning and seat belt warning systems.
    Standard No. 118 Power-Operated Window Systems: programming of the 
vehicles so that they comply with the standard.
    Standard No. 208 Occupant Crash Protection: (a) Programming of the 
vehicles to ensure that the seat belt warning system activates in the 
proper manner; (b) replacement of the seat belts with U.S.-model 
components. The petitioner states that the vehicles are equipped with a 
seat belt warning lamp that is identical to the component used on the 
vehicles' U.S.-certified counterparts. The petitioner further states 
that the vehicles are equipped with dual front air bags and that they 
should be equipped with combination lap and should belts at the front 
outboard seating positions that are self-tensioning and released by 
means of a single red push button.
    Standard No. 209 Seat Belt Assemblies: replacement of the seat 
belts with U.S.-model components.
    Standard No. 225 Child Restraint Anchorage Systems: installation of 
a child seat ``bracket for belt coupler.''
    The petitioner states that all vehicles must be inspected to ensure 
compliance with the Theft Prevention Standard at 49 CFR part 541, and 
that anti-thefts marking must be added to vehicles that are not already 
so marked.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicles near the left windshield post and a 
reference and certification label must be affixed in the area of the 
left front door post to meet the requirements of 49 CFR part 565.
    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: February 24, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-4399 Filed 2-26-04; 8:45 am]
BILLING CODE 4910-59-P