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.

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 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.