[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Notices]
[Pages 32784-32785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12955]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2008-0110]


Notice of Receipt of Petition for Decision That Nonconforming 
2004-2005 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 
2004-2005 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 
2004-2005 Ferrari 575 passenger cars that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards (FMVSS) are eligible for importation into the United States 
because (1) they are substantially similar to vehicles that were 
originally manufactured for sale in the United States and that were 
certified by their manufacturer as complying with the safety standards 
(the U.S.-certified version of the 2004-2005 Ferrari 575 passenger 
car), and (2) they are capable of being readily altered to conform to 
the standards.

DATES: The closing date for comments on the petition is July 10, 2008.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: 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 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also see the comments on the Internet. To read the 
comments on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page 
http://www.regulations.gov.
    (2) On that page, click on ``Advanced Docket Search.''
    (3) On the next page select ``NATIONAL HIGHWAY TRAFFIC SAFETY 
ADMINISTRATION'' from the drop-down menu in the Agency field

[[Page 32785]]

and enter the Docket ID number shown at the heading of this document.
    (4) After entering that information, click on ``submit.''
    (5) The next page contains docket summary information for the 
docket you selected. Click on the comments you wish to see. You may 
download the comments. Please note that even after the comment closing 
date, we will continue to file relevant information in the Docket as it 
becomes available. Further, some people may submit late comments. 
Accordingly, we recommend that you periodically search the Docket for 
new material.

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 FMVSS 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 FMVSS.
    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 (JK) (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2004-2005 Ferrari 575 passenger cars are eligible for importation into 
the United States. The vehicles which JK believes are substantially 
similar are 2004-2005 Ferrari 575 passenger cars that were manufactured 
for sale in the United States and certified by their manufacturer as 
conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2004-2005 
Ferrari 575 passenger cars to their U.S.-certified counterparts, and 
found the vehicles to be substantially similar with respect to 
compliance with most FMVSS.
    JK submitted information with its petition intended to demonstrate 
that non-U.S. certified 2004-2005 Ferrari 575 passenger cars, as 
originally manufactured, conform to many FMVSS 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-
2005 Ferrari 575 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, 106 Brake Hoses, 109 New 
Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 
118 Power-Operated Window, Partition, and Roof Panel 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 Mounting, 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: Installation of a U.S.-
model instrument cluster that has been reprogrammed to reflect the 
correct mileage on the vehicle.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model front and rear sidemarker 
lamps; and (b) installation of U.S.-model taillamp assemblies.
    Standard No. 110 Tire Selection and Rims: Installation on the 
vehicle of a tire information placard.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 114 Theft Protection: Installation of U.S.-version 
software to meet the requirements of this standard.
    Standard No. 208 Occupant Crash Protection: Installation of U.S.-
version software to ensure that the seat belt warning system meets the 
requirements of this standard.
    The petitioner states that the crash protection system used in 
these vehicles consists of dual front airbags and knee bolsters, and 
combination lap and shoulder belts at the front outboard seating 
positions. These manual systems are automatic, self-tensioning, and are 
released by means of a single red push-button.
    Standard No. 209 Seat Belt Assemblies: Installation of U.S.-model 
seat belt assemblies.
    Standard No. 225 Child Restraint Anchorage Systems: Inspection of 
all vehicles and installation of U.S.-model components on vehicles that 
are not already so equipped.
    Standard No. 301 Fuel System Integrity: Installation of U.S.-model 
fuel system vent lines, canister, filler neck, tank leak check pump and 
associated mounting hardware.
    Standard No. 401 Interior Trunk Release: Installation of U.S.-model 
secondary trunk release system components including; hood release, 
under hood handle and associated cable, wiring harness and associated 
mounting hardware.
    In addition, the petitioner claims that the bumpers must be 
modified by the installation of U.S.-model components to meet the 
requirements of the Bumper Standard found in 49 CFR Part 581.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicles near the left windshield post to 
meet the requirements of 49 CFR Part 565.
    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 addresses 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: June 4, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-12955 Filed 6-9-08; 8:45 am]
BILLING CODE 4910-59-P