[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Notices]
[Pages 51143-51144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18823]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18647]


Notice of Receipt of Petition for Decision That Nonconforming 
2004 360 Series Ferrari Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Notice of receipt of petition for decision that nonconforming 
2004 360 series Ferrari 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 
nonconforming 2004 360 series Ferrari 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 September 16, 
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 of Baltimore, Maryland (``JK'') (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2004 360 series Ferrari passenger cars are eligible for importation 
into the United States. The vehicles which JK believes are 
substantially similar are 2004 360 series Ferrari 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 
2004 360 series Ferrari 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.
    JK submitted information with its petition intended to demonstrate 
that non-U.S. certified 2004 360 series Ferrari passenger cars as 
originally manufactured, conform to many Federal

[[Page 51144]]

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 2004 
360 series Ferrari 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 System, 116 Brake Fluid, 118 
Power-operated Window, Partition, and Roof Panel Systems, 124 
Accelerator Control Systems, 135 Passenger Car Brake Systems, 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 Retention, 
214 Side Impact Protection, 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) Modification of the 
existing instrument cluster, or installation of entire U.S.-model 
instrument cluster assembly; (b) downloading of U.S.-version software 
information so that the vehicle complies with the standard.
    No. 108 Lamps, Reflective Devices and Associated Equipment: (a) 
Installation of U.S.-model front and rear sidemarker lamp assemblies 
that incorporate side reflex reflectors; (b) installation of U.S.-model 
headlamp assemblies; (c) installation of U.S.-model taillamp 
assemblies, or modification of the existing taillamp assemblies to 
comply with the requirements of this 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 face of the passenger side rearview mirror, or 
replacement of the passenger side mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: Downloading of U.S.-version 
software information so that the vehicle complies with the requirements 
of this standard.
    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: (a) Inspection of all 
vehicles and replacement of non-compliant seat belt assemblies with 
U.S.-model components; (b) downloading of U.S.-version software 
information so that the vehicle complies with the seat belt audible 
warning requirements of this standard.
    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. 225 Child Restraint Anchorage Systems: Installation of 
U.S.-model tether anchorages in coupe model.
    Standard No. 301 Fuel System Integrity: Replacement of any non U.S. 
model components with U.S.-model components so that the vehicle 
complies with the requirements of this standard.
    Standard No. 401 Interior Trunk Release: Installation of U.S. model 
components to permit the trunk lid to be released from inside the 
trunk, so that the vehicle complies with the requirements of this 
standard.
    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 when installed on 2001 360 Ferrari passenger cars that 
it believes are the same as 2004 360 Ferrari passenger cars with 
respect to conformity with this standard (As part of a Petition for a 
decision that nonconforming 2001 360 Series Ferrari Passenger Cars are 
eligible for importation (see NHTSA docket 2001-9628), JK submitted a 
report from MGA Research of Burlington, Wisconsin, dated March 7, 2002, 
which indicates that it tested a Ferrari 360 Spider to the requirements 
of Part 581 and that there was no damage to the vehicle during this 
testing. JK has represented this vehicle to be a non-U.S. certified 
2001 Ferrari 360 that it modified to conform to the requirements of 
Part 581.).
    In addition, 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.
    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. 04-18823 Filed 8-16-04; 8:45 am]
BILLING CODE 4910-59-P