80 FR 25356 - Decision That Nonconforming Model Year 2010 European Market Ferrari California Passenger Cars Are Eligible for Importation
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 85 (May 4, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 85 (May 4, 2015)
| Page Range | 25356-25358 | |
| FR Document | 2015-10264 |
[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)] [Notices] [Pages 25356-25358] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10264] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2013-0107, Notice 2] Decision That Nonconforming Model Year 2010 European Market Ferrari California Passenger Cars Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. ----------------------------------------------------------------------- SUMMARY: This document announces a decision by the National Highway Traffic Safety Administration that certain Model Year (MY) 2010 Ferrari California 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 they are substantially similar to vehicles originally manufactured for importation into and sale in the United States that were certified by their manufacturer as complying with the safety standards (the U.S. certified version of the MY 2010 Ferrari California PC), and they are capable of being readily altered to conform to the standards. DATES: This decision became effective on April 28, 2015. ADDRESSES: 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 as required 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 #RI-90-006), petitioned NHTSA to decide whether certain MY 2010 Ferrari California PCs are eligible for importation into the United States. NHTSA published a notice of the petition on March 21, 2014 (79 FR 15800) to afford an opportunity for public comment. The reader is referred to that notice for a thorough description of the petition. Comments On April 21, 2014, NHTSA received comments from Ferrari North America (FNA), the vehicle's original manufacturer. In its comments, Ferrari stated that while it agreed that the U.S. and the non-U.S. versions of the vehicle are ``substantially similar'' within the meaning of section 30141(a)(1)(A)(i), it strongly disputed JK's assertions that the non-U.S. version could be readily altered to comply with all applicable FMVSS. FNA elaborated by presenting detailed reasons for its assertions with respect to specific FMVSS. On May 21, 2014, NHTSA forwarded FNA's comments to JK and asked that it respond by June, 4, 2014. By letter dated June 10, 2014, JK requested a 45 day extension in order to gather engineering data to adequately address the concerns raised by FNA. NHTSA approved JK's request for this extension and JK responded on August 15, 2014. A summary of FNA's comments, JK's responses, and the conclusions that NHTSA has reached with regard to the issues raised by the parties is set forth below. Review of Comments and Conclusions NHTSA has reviewed the petition, FNA's comments and JK's responses to those comments, and has concluded that the vehicles covered by the petition are capable of being readily altered to comply with all applicable FMVSS. However, NHTSA has also decided that an RI who imports or modifies one of these vehicles must include in the statement of conformity and associated documents (referred to as a ``conformity package'') it submits to NHTSA under 49 CFR 592.6(d) specific proof to confirm that the vehicle was manufactured to conform to, or was successfully altered to conform to, each of the following standards: [[Page 25357]] FMVSS No. 101, Controls and displays; FNA commented that the Electronic Control Unit (``ECU'') for the instrument cluster would have to be reflashed with a ``Proxy'' file from the Ferrari factory to ensure that all of the other ECUs on the Control Area Network (``CAN'') are aware of the new ECU and are communicating properly. FNA additionally commented that the necessary reprogramming to achieve conformity to the standard can only be completed with proprietary hardware and software which is not available to RI's and can only be obtained from Ferrari and/or FNA. JK responded that they have the necessary equipment and can obtain the files from a donor vehicle. NHTSA has decided that a description of how the programming changes were completed and how compliance with the standard was verified must be included in each conformity package. Photographs, printouts, and/or images of the installation computer's monitor (``screenshots''), as practicable, must also be submitted as proof that the reprogramming was carried out successfully. FMVSS No. 108, Lamps, reflective devices, and associated equipment; FNA commented that the reprogramming identified by JK would necessitate reflashing [the control system] with a ``Proxy'' file from the Ferrari Factory in order to assure that all aspects of the lighting system perform in accordance with this standard. JK responded that they have the necessary equipment and can obtain the files from a donor vehicle. NHTSA has decided that a description of how the programming changes were accomplished and how compliance with FMVSS No. 108 is verified must accompany each conformity package. Photographs, printouts, and/or screenshots, as practicable, must also be submitted as proof that the reprogramming was carried out successfully. FMVSS No. 111, Rearview mirrors; FNA commented that in addition to the modifications noted in the petition, the driver's outside rearview mirror would need to be replaced. JK responded that no comment is necessary. NHTSA has decided that proof, including photographs, must be submitted with each conformity package to show that the vehicle is equipped with a driver's side rear view mirror that allows the vehicle to meet the applicable requirements of FMVSS No. 111. FMVSS No. 114 Theft protection and rollaway prevention; As was the case with FMVSS Nos. 101 and 108, FNA contended that reprogramming could only be completed with proprietary hardware and software which is not available to RI's and can only be obtained from Ferrari and/or FNA. JK responded that they have the necessary equipment and can obtain the files from a donor vehicle. NHTSA has decided that a description of how the programming changes were completed and how compliance was verified must accompany each conformity package. Additionally, photographs, printouts, and/or screenshots, as practicable, must be submitted as proof that the reprogramming was carried out successfully. FMVSS No. 118, Power-Operated window, Partition, and Roof Panel Systems; FNA commented that the reprogramming identified by JK is not necessary for the vehicles to conform to the standard. NHTSA has decided that a description of how the vehicle's conformity was determined must accompany each conformity package. Descriptions of any modifications necessary to achieve conformity must accompany each conformity package. FMVSS No. 138, Tire pressure monitoring systems; In its petition JK claims that the subject non-U.S. certified vehicles conform to FMVSS No. 138 as originally manufactured. FNA commented that tire pressure monitoring systems (TPMS) are not standard equipment on all European Ferrari California vehicles and that substantial work would be required to bring vehicles into compliance with the standard. FNA further asserted that because of the extent and complexity of the required changes, vehicles not originally equipped with TPMS cannot be ``readily altered'' to comply with the standard. JK responded that most non-U.S. certified MY 2010 Ferrari California PCs are equipped with TPMS, but that due to varying regulations around the world, some vehicles may be missing the system. JK further stated that all vehicles entering the U.S. would have to be inspected for compliance, both with regard to the material components of the system and to the programming of the system. JK also states that the vehicle they inspected had a system identical to that found in the U.S.-certified vehicle. NHTSA has decided that a description of how any applicable modifications and/or programming changes were completed and how compliance was verified must accompany each conformity package. Additionally, photographs, printouts, and/or screenshots, as practicable, must be submitted as proof that the reprogramming and/or modifications were carried out successfully. FMVSS No. 208, Occupant Protection; FNA commented that JK did not identify all components that need to be replaced in order to bring the airbag system into compliance. FNA specifically notes that the European versions of the subject of vehicles are not equipped with a ``PASS AIR BAG OFF'' telltale, which is required for compliance. Additionally, FNA stated that JK did not identify certain portions of the instrument panel that differ from those on the U.S.-certified version of the vehicle and that would have to be changed to assure compliance with the unbelted crash requirements of the standard. JK responded that all vehicles processed under this petition must be inspected for compliance with all requirements of FMVSS No. 208. JK commented that the modifications for this standard concern the airbags, seats, seatbelts, wiring harnesses, air bag light, passenger air bag off light, instrument cluster, child seat tethers, and other hardware. JK also responded that the entire system would need to be programmed with the U.S. advanced air bag programs and that they will run all system checks with their ``in house'' weighted dummies in order to confirm compliance. NHTSA has decided that each conformity package must include a detailed description of the occupant protection system in place on the vehicle at the time it was delivered to the RI, and a similarly detailed description of the occupant protection system in place after the vehicle is altered, including photographs of all required labeling. The description must also include; assembly diagrams and associated part numbers for all components that were removed from and installed on the vehicle, a description of how the programming changes were completed, and a description of how compliance was verified. Additionally, photographs (e.g., screenshots) or report printouts, as practicable, must be submitted as proof that the reprogramming was carried out successfully. Proof must also be furnished that all portions of the instrument panel in the vehicle, as altered, are identical to the U.S. version instrument panel, or proof in the form of dynamic test results that, as altered, the vehicle conforms to the unbelted occupant requirements of FMVSS No. 208. [[Page 25358]] FMVSS No. 209, Seat belt assemblies; FNA commented that as pointed out by JK in their petition, some European market vehicles are equipped with four-point seat belt assemblies that do not comply with this standard. FNA contends that the belts could not simply be replaced by a registered importer, due to the absence of an anchorage on the B- pillar. JK responded that all vehicles processed under this petition would need to be inspected for compliance and that all parts of the system are available. NHTSA has decided that each conformity package must include photographic evidence that conforming safety belts have been installed in the vehicle. Safety belt anchorages are addressed in the following FMVSS No. 210 discussion. FMVSS No. 210, Seat belt assembly anchorages; In its petition JK claims that the subject non-U.S. certified vehicles conform to FMVSS No. 210 as originally manufactured. FNA commented that European-market vehicles that were equipped with optional four point harnesses lack b- pillar anchorages which are necessary for the installation of compliant three point harnesses. FNA expresses concern about the ability of an RI to install this anchorage and ensure that it meets the performance requirements of the standard without Ferrari's templates and tools, which are only used during production. JK responded that any vehicle found to be equipped with the optional belts and lacking the mentioned anchorage would have to be modified to meet this standard. JK further states that they will draw a template from the U.S. donor vehicle and that as a result all parts and engineering of the anchorage would then be identical to the Ferrari mounting point. JK asserts that less than one percent of production is equipped with the optional belts. NHTSA has decided that conformity packages for vehicles that require modification must include a detailed description of the alterations made to achieve conformity with the standard. The description must include sufficient information to validate how the alterations allowed the vehicle to meet the requirements of the standard. This information must include photographic evidence that the modification was carried out, as well as testing and/or engineering analysis reports documenting how the RI has verified that the alterations will allow the vehicle to meet all applicable requirements of the standard. FMVSS No. 301 Fuel system integrity; FNA stated that the modifications to the fuel system that JK identified in its petition, while necessary to comply with emissions requirements, have no bearing on compliance with FMVSS No. 301. JK responded that the rollover valves incorporated in the U.S. market system are an integral part of the fuel system integrity of the vehicle and necessary for compliance. NHTSA has decided that the fuel system modifications are necessary to bring vehicles into compliance with the standard. Additionally, NHTSA has decided that each conformity package must include a detailed description of all modifications made to achieve conformity with the standard. This description must include part numbers for each part replaced and be supported with photographic evidence of the modifications made to achieve conformity. FMVSS No. 401 Interior trunk release; FNA expressed agreement that the modifications noted in the petition are necessary to conform the vehicle. The company noted, however, that the reprogramming could only be completed with proprietary hardware and software which is not available to RI's and can only be obtained from Ferrari and/or FNA. JK responded that it has the necessary programs from its U.S. model vehicle. NHTSA has decided that each conformity package must include a description of how the programming changes were completed and how compliance was verified. Additionally, photographs, printouts, and/or screenshots, as practicable, must be submitted as proof that the reprogramming was carried out. 49 CFR part 581, Bumper Standard; FNA commented that in addition to the modifications noted by JK in its petition, additional bumper reinforcements would have to be installed in both the front and the rear of the vehicle. JK responded that no comment was necessary. NHTSA has decided that each conformity package must include a detailed description of all modifications made to achieve conformity with the standard, including necessary modifications to the bumper reinforcements. This description must include part numbers for each part replaced and be supported with photographic evidence of the modifications made to achieve conformity. In addition to the information specified above, each conformity package must include evidence showing how the RI verified that the changes it made in loading or reprograming vehicle software to achieve conformity with each separate FMVSS, did not also cause the vehicle to fall out of compliance with any other applicable FMVSS. Decision Accordingly, on the basis of the foregoing, NHTSA hereby decides that model year 2010 European model Ferrari California passenger cars that were not originally manufactured to comply with all applicable FMVSS, are substantially similar to model year 2010 Ferrari California passenger cars manufactured for importation into and/or sale in the United States, and certified under 49 U.S.C. 30115, and are capable of being readily altered to conform to all applicable Federal Motor Vehicle Safety Standards. Vehicle Eligibility Number for Subject Vehicles The importer of a vehicle admissible under any final decision must indicate on the form HS-7 accompanying entry the appropriate vehicle eligibility number indicating that the vehicle is eligible for entry. VSP-570 is the vehicle eligibility number assigned to vehicles admissible under this notice of final decision. Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Jeffrey Giuseppe, Director, Office of Vehicle Safety Compliance. [FR Doc. 2015-10264 Filed 5-1-15; 8:45 am] BILLING CODE 4910-59-P
![25356 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices
tire size designation instead of a hyphen DEPARTMENT OF TRANSPORTATION At the close of the comment period,
character ‘‘-,’’ and that from its experience it NHTSA decides, on the basis of the
believes that most motorcycle tire consumers National Highway Traffic Safety petition and any comments that it has
do not understand the differences in tire Administration received, whether the vehicle is eligible
construction and therefore do not base tire for importation. The agency then
purchases on the tire construction type. [Docket No. NHTSA–2013–0107, Notice 2]
publishes this decision in the Federal
(B) CTA stated that the subject tires were Register.
built as designed and that the performance Decision That Nonconforming Model
requirements and testing requirements Year 2010 European Market Ferrari J.K. Technologies, LLC, of Baltimore,
specified in FMVSS No. 119 are exactly the California Passenger Cars Are Eligible Maryland (‘‘JK’’) (Registered Importer
same for both bias-belted and diagonal (bias) for Importation #RI–90–006), petitioned NHTSA to
tires. decide whether certain MY 2010 Ferrari
AGENCY: National Highway Traffic California PCs are eligible for
(C) CTA believes that the subject
noncompliance has no impact on the safety
Safety Administration (NHTSA), importation into the United States.
of vehicles on which the subject tires are Department of Transportation (DOT). NHTSA published a notice of the
mounted and that the subject tires meet or ACTION: Grant of petition. petition on March 21, 2014 (79 FR
exceed all the performance requirement of 15800) to afford an opportunity for
FMVSS No. 119. SUMMARY: This document announces a public comment. The reader is referred
(D) CTA also stated that it is not aware of decision by the National Highway to that notice for a thorough description
any crashes, injuries, customer complaints, Traffic Safety Administration that of the petition.
or field reports associated with the subject certain Model Year (MY) 2010 Ferrari
noncompliance. California passenger cars (PCs) that were Comments
not originally manufactured to comply On April 21, 2014, NHTSA received
CTA additionally informed NHTSA with all applicable Federal Motor
that the molds at the manufacturing comments from Ferrari North America
Vehicle Safety Standards (FMVSS) are (FNA), the vehicle’s original
plant have been corrected so that no eligible for importation into the United
additional tires will be manufactured or manufacturer. In its comments, Ferrari
States because they are substantially stated that while it agreed that the U.S.
sold with the noncompliance. similar to vehicles originally and the non-U.S. versions of the vehicle
In summation, CTA believes that the manufactured for importation into and are ‘‘substantially similar’’ within the
described noncompliance of the subject sale in the United States that were meaning of section 30141(a)(1)(A)(i), it
tires is inconsequential to motor vehicle certified by their manufacturer as strongly disputed JK’s assertions that
safety, and that its petition, to exempt complying with the safety standards the non-U.S. version could be readily
CTA from providing recall notification (the U.S. certified version of the MY altered to comply with all applicable
of noncompliance as required by 49 2010 Ferrari California PC), and they are FMVSS. FNA elaborated by presenting
U.S.C. 30118 and remedying the recall capable of being readily altered to detailed reasons for its assertions with
noncompliance as required by 49 U.S.C. conform to the standards. respect to specific FMVSS.
30120 should be granted. DATES: This decision became effective On May 21, 2014, NHTSA forwarded
NHTSA notes that the statutory on April 28, 2015. FNA’s comments to JK and asked that it
provisions (49 U.S.C. 30118(d) and ADDRESSES: For further information respond by June, 4, 2014. By letter dated
30120(h)) that permit manufacturers to contact George Stevens, Office of June 10, 2014, JK requested a 45 day
file petitions for a determination of Vehicle Safety Compliance, NHTSA extension in order to gather engineering
inconsequentiality allow NHTSA to (202–366–5308). data to adequately address the concerns
exempt manufacturers only from the SUPPLEMENTARY INFORMATION: raised by FNA. NHTSA approved JK’s
duties found in sections 30118 and request for this extension and JK
30120, respectively, to notify owners, Background responded on August 15, 2014.
purchasers, and dealers of a defect or Under 49 U.S.C. 30141(a)(1)(A), a A summary of FNA’s comments, JK’s
noncompliance and to remedy the motor vehicle that was not originally responses, and the conclusions that
defect or noncompliance. Therefore, any manufactured to conform to all NHTSA has reached with regard to the
decision on this petition only applies to applicable FMVSS shall be refused issues raised by the parties is set forth
the subject tires that CTA no longer admission into the United States unless below.
controlled at the time it determined that NHTSA has decided that the motor
the noncompliance existed. However, Review of Comments and Conclusions
vehicle is substantially similar to a
any decision on this petition does not motor vehicle originally manufactured NHTSA has reviewed the petition,
relieve equipment distributors and for importation into and sale in the FNA’s comments and JK’s responses to
dealers of the prohibitions on the sale, United States, certified as required those comments, and has concluded
offer for sale, or introduction or delivery under 49 U.S.C. 30115, and of the same that the vehicles covered by the petition
for introduction into interstate model year as the model of the motor are capable of being readily altered to
commerce of the noncompliant tires vehicle to be compared, and is capable comply with all applicable FMVSS.
under their control after CTA notified of being readily altered to conform to all However, NHTSA has also decided that
them that the subject noncompliance applicable FMVSS. an RI who imports or modifies one of
existed. Petitions for eligibility decisions may these vehicles must include in the
mstockstill on DSK4VPTVN1PROD with NOTICES
Authority: 49 U.S.C. 30118, 30120: be submitted by either manufacturers or statement of conformity and associated
delegations of authority at 49 CFR 1.95 and importers who have registered with documents (referred to as a ‘‘conformity
501.8. NHTSA pursuant to 49 CFR part 592. As package’’) it submits to NHTSA under
specified in 49 CFR 593.7, NHTSA 49 CFR 592.6(d) specific proof to
Jeffrey Giuseppe, publishes notice in the Federal Register confirm that the vehicle was
Director, Office of Vehicle Safety Compliance. of each petition that it receives, and manufactured to conform to, or was
[FR Doc. 2015–10263 Filed 5–1–15; 8:45 am] affords interested persons an successfully altered to conform to, each
BILLING CODE 4910–59–P opportunity to comment on the petition. of the following standards:
VerDate Sep<11>2014 19:40 May 01, 2015 Jkt 235001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1](https://thefederalregister.org/doc/80_FR_25441/page/1.svg)
![Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices 25357
FMVSS No. 101, Controls and FMVSS No. 114 Theft protection and accompany each conformity package.
displays; FNA commented that the rollaway prevention; As was the case Additionally, photographs, printouts,
Electronic Control Unit (‘‘ECU’’) for the with FMVSS Nos. 101 and 108, FNA and/or screenshots, as practicable, must
instrument cluster would have to be contended that reprogramming could be submitted as proof that the
reflashed with a ‘‘Proxy’’ file from the only be completed with proprietary reprogramming and/or modifications
Ferrari factory to ensure that all of the hardware and software which is not were carried out successfully.
other ECUs on the Control Area available to RI’s and can only be FMVSS No. 208, Occupant Protection;
Network (‘‘CAN’’) are aware of the new obtained from Ferrari and/or FNA. FNA commented that JK did not
ECU and are communicating properly. JK responded that they have the identify all components that need to be
FNA additionally commented that the necessary equipment and can obtain the replaced in order to bring the airbag
necessary reprogramming to achieve files from a donor vehicle. system into compliance. FNA
conformity to the standard can only be NHTSA has decided that a specifically notes that the European
completed with proprietary hardware description of how the programming versions of the subject of vehicles are
and software which is not available to changes were completed and how not equipped with a ‘‘PASS AIR BAG
RI’s and can only be obtained from compliance was verified must OFF’’ telltale, which is required for
Ferrari and/or FNA. accompany each conformity package. compliance. Additionally, FNA stated
JK responded that they have the Additionally, photographs, printouts, that JK did not identify certain portions
necessary equipment and can obtain the and/or screenshots, as practicable, must of the instrument panel that differ from
files from a donor vehicle. be submitted as proof that the those on the U.S.-certified version of the
NHTSA has decided that a reprogramming was carried out vehicle and that would have to be
description of how the programming successfully. changed to assure compliance with the
FMVSS No. 118, Power-Operated unbelted crash requirements of the
changes were completed and how
window, Partition, and Roof Panel standard.
compliance with the standard was
Systems; FNA commented that the JK responded that all vehicles
verified must be included in each
reprogramming identified by JK is not processed under this petition must be
conformity package. Photographs,
necessary for the vehicles to conform to inspected for compliance with all
printouts, and/or images of the
the standard. requirements of FMVSS No. 208. JK
installation computer’s monitor NHTSA has decided that a commented that the modifications for
(‘‘screenshots’’), as practicable, must description of how the vehicle’s this standard concern the airbags, seats,
also be submitted as proof that the conformity was determined must seatbelts, wiring harnesses, air bag light,
reprogramming was carried out accompany each conformity package. passenger air bag off light, instrument
successfully. Descriptions of any modifications cluster, child seat tethers, and other
FMVSS No. 108, Lamps, reflective necessary to achieve conformity must hardware. JK also responded that the
devices, and associated equipment; accompany each conformity package. entire system would need to be
FNA commented that the FMVSS No. 138, Tire pressure programmed with the U.S. advanced air
reprogramming identified by JK would monitoring systems; In its petition JK bag programs and that they will run all
necessitate reflashing [the control claims that the subject non-U.S. system checks with their ‘‘in house’’
system] with a ‘‘Proxy’’ file from the certified vehicles conform to FMVSS weighted dummies in order to confirm
Ferrari Factory in order to assure that all No. 138 as originally manufactured. compliance.
aspects of the lighting system perform in FNA commented that tire pressure NHTSA has decided that each
accordance with this standard. monitoring systems (TPMS) are not conformity package must include a
JK responded that they have the standard equipment on all European detailed description of the occupant
necessary equipment and can obtain the Ferrari California vehicles and that protection system in place on the
files from a donor vehicle. substantial work would be required to vehicle at the time it was delivered to
NHTSA has decided that a bring vehicles into compliance with the the RI, and a similarly detailed
description of how the programming standard. FNA further asserted that description of the occupant protection
changes were accomplished and how because of the extent and complexity of system in place after the vehicle is
compliance with FMVSS No. 108 is the required changes, vehicles not altered, including photographs of all
verified must accompany each originally equipped with TPMS cannot required labeling. The description must
conformity package. Photographs, be ‘‘readily altered’’ to comply with the also include; assembly diagrams and
printouts, and/or screenshots, as standard. associated part numbers for all
practicable, must also be submitted as JK responded that most non-U.S. components that were removed from
proof that the reprogramming was certified MY 2010 Ferrari California PCs and installed on the vehicle, a
carried out successfully. are equipped with TPMS, but that due description of how the programming
FMVSS No. 111, Rearview mirrors; to varying regulations around the world, changes were completed, and a
FNA commented that in addition to the some vehicles may be missing the description of how compliance was
modifications noted in the petition, the system. JK further stated that all verified. Additionally, photographs
driver’s outside rearview mirror would vehicles entering the U.S. would have to (e.g., screenshots) or report printouts, as
need to be replaced. be inspected for compliance, both with practicable, must be submitted as proof
JK responded that no comment is regard to the material components of the that the reprogramming was carried out
necessary. system and to the programming of the successfully. Proof must also be
mstockstill on DSK4VPTVN1PROD with NOTICES
NHTSA has decided that proof, system. JK also states that the vehicle furnished that all portions of the
including photographs, must be they inspected had a system identical to instrument panel in the vehicle, as
submitted with each conformity package that found in the U.S.-certified vehicle. altered, are identical to the U.S. version
to show that the vehicle is equipped NHTSA has decided that a instrument panel, or proof in the form
with a driver’s side rear view mirror that description of how any applicable of dynamic test results that, as altered,
allows the vehicle to meet the modifications and/or programming the vehicle conforms to the unbelted
applicable requirements of FMVSS No. changes were completed and how occupant requirements of FMVSS No.
111. compliance was verified must 208.
VerDate Sep<11>2014 19:40 May 01, 2015 Jkt 235001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1](https://thefederalregister.org/doc/80_FR_25441/page/2.svg)
![25358 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices
FMVSS No. 209, Seat belt assemblies; petition, while necessary to comply vehicle software to achieve conformity
FNA commented that as pointed out by with emissions requirements, have no with each separate FMVSS, did not also
JK in their petition, some European bearing on compliance with FMVSS No. cause the vehicle to fall out of
market vehicles are equipped with four- 301. compliance with any other applicable
point seat belt assemblies that do not JK responded that the rollover valves FMVSS.
comply with this standard. FNA incorporated in the U.S. market system
are an integral part of the fuel system Decision
contends that the belts could not simply
be replaced by a registered importer, integrity of the vehicle and necessary for Accordingly, on the basis of the
due to the absence of an anchorage on compliance. foregoing, NHTSA hereby decides that
the B-pillar. NHTSA has decided that the fuel model year 2010 European model
JK responded that all vehicles system modifications are necessary to Ferrari California passenger cars that
processed under this petition would bring vehicles into compliance with the were not originally manufactured to
need to be inspected for compliance and standard. Additionally, NHTSA has comply with all applicable FMVSS, are
that all parts of the system are available. decided that each conformity package substantially similar to model year 2010
NHTSA has decided that each must include a detailed description of Ferrari California passenger cars
conformity package must include all modifications made to achieve manufactured for importation into and/
photographic evidence that conforming conformity with the standard. This or sale in the United States, and
safety belts have been installed in the description must include part numbers certified under 49 U.S.C. 30115, and are
vehicle. Safety belt anchorages are for each part replaced and be supported capable of being readily altered to
addressed in the following FMVSS No. with photographic evidence of the conform to all applicable Federal Motor
210 discussion. modifications made to achieve Vehicle Safety Standards.
FMVSS No. 210, Seat belt assembly conformity. Vehicle Eligibility Number for Subject
anchorages; In its petition JK claims that FMVSS No. 401 Interior trunk release; Vehicles
the subject non-U.S. certified vehicles FNA expressed agreement that the
conform to FMVSS No. 210 as originally modifications noted in the petition are The importer of a vehicle admissible
manufactured. FNA commented that necessary to conform the vehicle. The under any final decision must indicate
European-market vehicles that were company noted, however, that the on the form HS–7 accompanying entry
equipped with optional four point reprogramming could only be the appropriate vehicle eligibility
harnesses lack b-pillar anchorages completed with proprietary hardware number indicating that the vehicle is
which are necessary for the installation and software which is not available to eligible for entry. VSP–570 is the
of compliant three point harnesses. FNA RI’s and can only be obtained from vehicle eligibility number assigned to
expresses concern about the ability of an Ferrari and/or FNA. vehicles admissible under this notice of
RI to install this anchorage and ensure JK responded that it has the necessary final decision.
that it meets the performance programs from its U.S. model vehicle. Authority: 49 U.S.C. 30118, 30120:
requirements of the standard without NHTSA has decided that each delegations of authority at 49 CFR 1.95 and
Ferrari’s templates and tools, which are conformity package must include a 501.8.
only used during production. description of how the programming Jeffrey Giuseppe,
JK responded that any vehicle found changes were completed and how Director, Office of Vehicle Safety Compliance.
to be equipped with the optional belts compliance was verified. Additionally,
and lacking the mentioned anchorage [FR Doc. 2015–10264 Filed 5–1–15; 8:45 am]
photographs, printouts, and/or
would have to be modified to meet this screenshots, as practicable, must be BILLING CODE 4910–59–P
standard. JK further states that they will submitted as proof that the
draw a template from the U.S. donor reprogramming was carried out.
vehicle and that as a result all parts and DEPARTMENT OF TRANSPORTATION
49 CFR part 581, Bumper Standard;
engineering of the anchorage would FNA commented that in addition to the Surface Transportation Board
then be identical to the Ferrari modifications noted by JK in its
mounting point. JK asserts that less than petition, additional bumper [Docket No. AB 33 (Sub-No. 308X)]
one percent of production is equipped reinforcements would have to be
with the optional belts. Union Pacific Railroad Company—
installed in both the front and the rear
NHTSA has decided that conformity Discontinuance of Service
of the vehicle.
packages for vehicles that require JK responded that no comment was Exemption—in Cochise County, AZ.
modification must include a detailed necessary. Union Pacific Railroad Company (UP)
description of the alterations made to NHTSA has decided that each has filed a verified notice of exemption
achieve conformity with the standard. conformity package must include a under 49 CFR 1152 subpart F–Exempt
The description must include sufficient detailed description of all modifications Abandonments and Discontinuances of
information to validate how the made to achieve conformity with the Service to discontinue service over a
alterations allowed the vehicle to meet standard, including necessary 48.03-mile portion of a rail line known
the requirements of the standard. This modifications to the bumper as the Curtiss Branch, from milepost
information must include photographic reinforcements. This description must 1040.15 at Curtiss, to milepost 1084.0 at
evidence that the modification was include part numbers for each part Naco, in Cochise County, Ariz. (the
carried out, as well as testing and/or replaced and be supported with Line).1 The Line traverses United States
mstockstill on DSK4VPTVN1PROD with NOTICES
engineering analysis reports photographic evidence of the Postal Service Zip Codes 85602, 85630,
documenting how the RI has verified modifications made to achieve
that the alterations will allow the conformity. 1 UP states there is a milepost overlap equation
vehicle to meet all applicable In addition to the information (milepost 1050.57 = milepost 1046.39). The Line
requirements of the standard. specified above, each conformity segment from Curtiss at milepost 1040.15 to
Fairbank at milepost 1050.57 is 10.42 miles, and the
FMVSS No. 301 Fuel system integrity; package must include evidence showing Line segment from Fairbank at milepost 1046.39 to
FNA stated that the modifications to the how the RI verified that the changes it Naco at milepost 1084.0 is 37.61 miles, a total
fuel system that JK identified in its made in loading or reprograming distance of 48.03 miles.
VerDate Sep<11>2014 19:40 May 01, 2015 Jkt 235001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1](https://thefederalregister.org/doc/80_FR_25441/page/3.svg)
Document Created: 2018-02-21 10:22:53
Document Modified: 2018-02-21 10:22:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Grant of petition. | |
| Dates | This decision became effective on April 28, 2015. | |
| FR Citation | 80 FR 25356 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR