[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Notices]
[Pages 41570-41571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15651]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18478]


Notice of Receipt of Petition for Decision that Nonconforming 
1999 Ferrari 456GT and GTA Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1999 Ferrari 456GT and GTA passenger cars are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
1999 Ferrari 456GT and GTA 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 August 9, 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.
    J.K. Technologies, LLC of Baltimore, Maryland (Registered Importer 
RI-90-006) has petitioned NHTSA to decide whether 1999 Ferrari 456GT 
and GTA passenger cars are eligible for importation into the United 
States. The vehicles that J.K. Technologies believes are substantially 
similar are 1999 Ferrari 456GT and GTA 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 compared non-U.S. certified 1999 
Ferrari 456GT and GTA 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. Technologies submitted information with its petition intended 
to demonstrate that non-U.S. certified 1999 Ferrari 456GT and GTA 
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 1999 
Ferrari 456GT and GTA passenger cars are identical to their U.S. 
certified counterparts with respect to compliance with Standard Nos. 
102 Transmission Shift Lever Sequence, Starter interlock, and 
transmission braking effect, 103 Windshield Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 105 Hydraulic and 
Electric Brake Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 
Hood Latch Systems, 116 Motor Vehicle Brake Fluids, 124 Accelerator 
Control Systems, 201 Occupant Protection in Interior Impact, 202 Head 
Restraints, 203 Impact Protection for the Driver from the Steering 
Control System, 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 Mounting, 
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 or installation of a U.S.-model instrument cluster; (b) 
inscription of the seat belt warning symbol on the instrument cluster 
or installation of a U.S.-model instrument cluster; (c) modification of 
the speedometer to read in miles per hour or replacement of the 
speedometer through the installation of a U.S.-model instrument 
cluster. U.S. version software must be downloaded to ensure compliant 
operation of the replaced or modified controls and displays.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of the following components (a) U.S.-model 
headlamps; (b) U.S.-model front sidemarker lamps that incorporate 
reflex reflectors; (c) modification of taillamps to ensure compliance 
with the standard or installation of U.S.-model taillamp assemblies 
that incorporate rear sidemarker lamps and reflex reflectors. 
Petitioner also states that the vehicle is equipped with a high-mounted 
stop lamp.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.

[[Page 41571]]

    Standard No. 111 Rearview Mirrors: Inscription of the required 
warning statement on the passenger side rearview mirror, or 
installation of U.S.-model passenger side rearview mirror.
    Standard No. 114 Theft Protection: Reprogramming of the vehicle's 
computers to the U.S.-mode to ensure compliance with the standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Petitioner states that all vehicles must be inspected to 
ensure compliance with this standard and that a relay will be added to 
the power window control circuit as necessary to ensure compliance with 
this standard.
    Standard No. 208 Occupant Crash Protection: (a) Reprogramming of 
the vehicle's computers to the U.S.-mode to activate the seatbelt 
warning buzzer and lamp; (b) installation of compliant passenger's seat 
belt and driver's seat belt latch. Petitioner states that all vehicles 
must be inspected to ensure compliance with this standard and that 
U.S.-model components will be installed, as necessary, to ensure 
compliance with the standard. The petitioner also states that the 
vehicles are equipped with dual front air bags, and with combination 
lap and shoulder belts at the outboard front seating positions that are 
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 installation of U.S.-model components on vehicles that are not 
already so equipped to ensure compliance with this standard and 
standard No. 208 Occupant Crash Protection.
    Standard No. 214 Side impact protection: Inspection of all vehicles 
and installation of U.S.-model components on vehicles that are not 
already so equipped to ensure compliance with the standard.
    The petitioner states that a supplemental visible label must be 
affixed to the vehicles near the left windshield post to meet the 
requirements of 49 CFR part 565, and a reference and certification 
label must be affixed to the edge of the driver's side door to ensure 
compliance with the requirements of 49 CFR part 567.
    Petitioner also states that all vehicles must be inspected to 
ensure compliance with the Bumper Standard found at 49 CFR part 581 and 
that U.S.-model component will be installed, as necessary on vehicles 
that are not already so equipped. The petitioner expressed the belief 
that the vehicles do in fact comply with this standard.
    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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 04-15651 Filed 7-8-04; 8:45 am]
BILLING CODE 4910-59-P