[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88318-88320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29268]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0104; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2013 and 2014 Ferrari F12 Berlinetta Passenger Cars Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
model year (MY) 2013 and 2014 Ferrari F12 Berlinetta passenger cars 
(PCs) 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 certified by their manufacturer as 
complying with the safety standards (the U.S.-certified version of the 
MY 2013 and 2014 Ferrari F12 Berlinetta PC), 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 6, 
2017.

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 https://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 https://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).
    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 view the documents from the Internet at https://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. 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: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

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

[[Page 88319]]

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.
    G&K Automotive Conversion, Inc. (G&K) of Santa Ana, California 
(Registered Importer R-90-007) has petitioned NHTSA to decide whether 
nonconforming MY 2013 and 2014 Ferrari F12 Berlinetta PCs are eligible 
for importation into the United States. The vehicles which G&K believes 
are substantially similar are MY 2013 and 2014 Ferrari F12 Berlinetta 
PCs sold 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 MY 2013 
and 2014 Ferrari F12 Berlinetta PCs to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    G&K submitted information with its petition intended to demonstrate 
that non-U.S. certified MY 2013 and 2014 Ferrari F12 Berlinetta PCs, as 
originally manufactured, conform to many applicable 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 the non U.S.-certified MY 
2013 and 2014 Ferrari F12 Berlinetta PCs, as originally manufactured, 
conform to: 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, 113 Hood Latch System, 116 Motor Vehicle 
Brake Fluids, 118 Power-Operated Window, Partition, and Roof panel 
System, 124 Accelerator Control Systems, 135 Light Vehicle Brake 
Systems, 139 New Pneumatic Radial Tires for Light Vehicles, 201 
Occupant Protection in Interior Impact, 202a Head Restraints, 204 
Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door 
Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt 
Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, 
216 Roof Crush Resistance, 219 Windshield Zone Intrusion, and 302 
Flammability of Interior Materials.
    The petitioner also contends that the subject non-U.S certified 
vehicles are capable of being readily altered to meet the following 
standards, in the manner indicated:
    Standard No. 101 Controls and Displays: The speedometer and 
associated software must be modified to indicate vehicle speed in miles 
per hour (MPH).
    Inspection of all vehicles and modification of any vehicles that 
fail to have all required displays and indicators function as required 
by the standard such that they comply with the standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of front and rear side marker lamps with U.S.-
conforming components.
    Inspection of all vehicles and installation of U.S.-model headlamps 
on vehicles not already so equipped to ensure that the vehicles meet 
the requirements of this standard.
    Standard No. 110 Tire Selection and Rims: Installation of the 
required tire information placard.
    Standard No. 111 Rearview Mirrors: Inscription of the required 
warning statement on the face of the passenger side rearview mirror.
    Standard No. 114 Theft Protection: Program the warning system to be 
activated when the key is left in the locking device and the driver's 
door is open to comply with the requirements of this standard.
    Standard No. 138 Tire Pressure Monitoring Systems: Inspect each 
vehicle to make sure the TPMS system has the [same] required functions 
as the U.S.-companion model.
    Standard No. 208 Occupant Crash Protection: The passenger side air 
bag control system must be reprogramed so that the advanced air bag 
system function is identical to the U.S.-companion model.
    Standard No. 214 Side Impact Protection: Verify the door beams on 
every incoming vehicle are original.
    Standard No. 401 Interior Trunk Release: Installation of a U.S.-
model interior trunk release system.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
a U.S. model child restraint anchorage system.
    Standard No. 301 Fuel System Integrity: All vehicles must be 
inspected and any non U.S.-model fuel system components must be 
replaced with U.S.-model components to meet the requirements of the 
standard.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicle near the left windshield pillar to 
meet the requirements of 49 CFR part 565.
    Because the subject petition covers nonconforming vehicles that 
have been manufactured on or after September 1, 2006, compliance with 
the advanced air bag requirements of FMVSS No. 208 is of significant 
concern to the agency. NHTSA is therefore particularly interested in 
comments regarding the ability of a Registered Importer to readily 
alter the subject vehicles to fully meet the driver and front outboard 
passenger frontal crash protection and child passenger protection 
requirements of FMVSS No. 208. The following is a partial listing of 
the components that may be affected:

a. Driver's frontal air bag module
b. Passenger frontal air bag module
c. Passenger frontal air bag cover
d. Knee air bags
e. Knee bolsters
f. Passenger outboard frontal seat belt system
g. Driver and front outboard seat assemblies including seat tracks and 
internal seat components
h. Steering wheel components, including the clock spring assembly, the 
steering column, and all connecting components
i. Instrument panel
j. Instrument panel support structure (i.e. cross beam)
k. Occupant sensing and classification systems, including sensors and 
processors
l. Restraint control modules
m. Passenger air bag status indicator light system, including related 
display components and wiring
n. Wiring harnesses between the restraint control module, occupant 
classification system and restraint system components
o. Control system computer software and firmware.

    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.


[[Page 88320]]


    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-29268 Filed 12-6-16; 8:45 am]
BILLING CODE 4910-59-P