81 FR 47491 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2008-2011 Ferrari 599 Passenger Cars Are Eligible for Importation
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 140 (July 21, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 140 (July 21, 2016)
| Page Range | 47491-47493 | |
| FR Document | 2016-17191 |
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)] [Notices] [Pages 47491-47493] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17191] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0055; Notice 1] Notice of Receipt of Petition for Decision That Nonconforming Model Year 2008-2011 Ferrari 599 Passenger Cars Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. ----------------------------------------------------------------------- SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2008-2011 Ferrari 599 passenger cars (PC) 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 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 2008-2011 Ferrari 599 PC) and they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is August 22, 2016. 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 [[Page 47492]] 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). 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 http://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 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 (JK), Inc. of Baltimore, MD (Registered Importer R-90-006) has petitioned NHTSA to decide whether nonconforming 2008- 2011 Ferrari 599 PC's are eligible for importation into the United States. The vehicles which JK believes are substantially similar are MY 2008-2011 Ferrari 599 PC's 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 2008- 2011 Ferrari 599 PC's 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 MY 2008-2011 Ferrari 599 PC's, 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 2008-2011 Ferrari 599 PC's, 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, 109 New pneumatic and certain specialty tires, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 124 Accelerator Control Systems, 126 Electronic Stability Control Systems, 135 Light vehicle brake systems, 201 Occupant Protection in Interior Impact, 202a 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, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, 213 Child restraint systems, 214 Side Impact Protection, 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: Replacement of the instrument cluster with U.S. model components and reprogramming as described in the petition and its attachments. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Replacement of the front and rear side marker lamps, headlamps and tail lamps with U.S.-conforming components and reprogramming the associated ECU software as described in the petition and its attachments. 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 or replacement of the mirror with the U.S. model mirror. Standard No. 114 Theft Protection: Reprogramming the body and ECU programs to activate the key warning and seat belt warning systems as described in the petition and its attachments. Standard No. 118 Power-Operated Window, Partition, and Roof panel System: Reprogramming of the vehicle ECU, as described in the petition and its attachments to meet the requirements of the standard. Standard No. 138 Tire Pressure Monitoring Systems: Reprogramming of the vehicle ECUs and replacement or addition of TPMS components with U.S.-model components as necessary to meet the requirements of the standard as described in the petition and its attachments. Standard No. 207 Seating Systems: Replacement of all seats with U.S.-model seats if necessary to meet the requirements of the standard and FMVSS No. 208, as described in the petition and its attachments. Standard No. 208 Occupant Crash Protection: Replacement of any seat belts, airbags, sensors, control units (ECU), wiring harnesses, knee bolsters, braces and software that are not identical to the U.S. model components with U.S. model components. After installation of any new components, verification of system compliance will be completed as stated in the petition and its attachments. Standard No. 209 Seat Belt Assemblies: Replacement of the passenger seat belt assembly with U.S. model components as necessary to meet the requirements of the standard. Standard No. 225 Child Restraint Anchorage Systems: Replacement of or addition of anchorage components with U.S. model components as necessary to meet the requirements of the standard. Standard No. 301 Fuel System Integrity: The fuel system will need to be modified as described in the petition and its attachments as necessary to meet the requirements of the standard. [[Page 47493]] Standard No. 401 Interior Trunk Release: A trunk release mechanism must be installed to meet the requirements of the standard. 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), (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. 2016-17191 Filed 7-20-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices 47491
received, whether the vehicle is eligible associated software as described in the DEPARTMENT OF TRANSPORTATION
for importation. The agency then petition.
publishes this decision in the Federal Standard No. 108 Lamps, Reflective National Highway Traffic Safety
Register. Devices and Associated Equipment: Administration
J.K. Technologies LLC (JK) of Replacement of the front and rear side [Docket No. NHTSA–2016–0055; Notice 1]
Baltimore, Maryland (Registered marker lamps, headlamps, taillamps and
Importer R–90–006) has petitioned stop lamps with U.S.-conforming Notice of Receipt of Petition for
NHTSA to decide whether components. Decision That Nonconforming Model
nonconforming MY 1994 and 1995 Standard No. 110 Tire Selection and Year 2008–2011 Ferrari 599 Passenger
Lamborghini Diablo SE30 PCs are Rims: Installation of the required tire Cars Are Eligible for Importation
eligible for importation into the United information placard.
States. The vehicles which JK believes AGENCY: National Highway Traffic
are substantially similar are MY 1994 Standard No. 111 Rearview Mirrors: Safety Administration, DOT.
and 1995 Lamborghini Diablo SE30 PCs Inscription of the required warning
ACTION: Receipt of petition.
sold in the United States and certified statement on the face of the passenger
by their manufacturer as conforming to side rearview mirror or replacement of SUMMARY: This document announces
all applicable FMVSS. the mirror with a U.S. model mirror. receipt by the National Highway Traffic
The petitioner claims that it compared 114 Theft protection: A U.S. model Safety Administration (NHTSA) of a
non-U.S. certified MY 1994 and 1995 center console control system will be petition for a decision that model year
Lamborghini Diablo SE30 PCs to their added to activate the key warning and (MY) 2008–2011 Ferrari 599 passenger
U.S.-certified counterparts, and found belt warning systems. cars (PC) that were not originally
the vehicles to be substantially similar 118 Power-Operated Window, manufactured to comply with all
with respect to compliance with most Partition, and Roof panel System: A U. applicable Federal motor vehicle safety
FMVSS. S. model center console control system standards (FMVSS), are eligible for
JK submitted information with its will be added to activate the key importation into the United States
petition intended to demonstrate that warning and belt warning systems. because they are substantially similar to
non-U.S. certified MY 1994 and 1995 Standard No. 208 Occupant Crash vehicles that were originally
Lamborghini Diablo SE30 PCs, as Protection: Replacement of passive manufactured for sale in the United
originally manufactured, conform to restraint system, electrical wiring States and that were certified by their
many applicable FMVSS in the same harness, passenger’s side seat belt, manufacturer as complying with the
manner as their U.S.-certified seatbelt tracks and electronic control safety standards (the U.S.-certified
counterparts, or are capable of being unit (ECU) with U.S. model components version of the 2008–2011 Ferrari 599
readily altered to conform to those as described in the petition. PC) and they are capable of being
standards. Standard No. 209 Seat Belt readily altered to conform to the
Specifically, the petitioner claims that standards.
Assemblies: Replacement of the
the non U.S.-certified MY 1994 and
passenger seat belt assembly with U.S. DATES: The closing date for comments
1995 Lamborghini Diablo SE30 PCs, as
model components. on the petition is August 22, 2016.
originally manufactured, conform to:
Standard Nos. 102 Transmission Shift Standard No. 301 Fuel System ADDRESSES: Comments should refer to
Lever Sequence, Starter Interlock, and Integrity: Replacement of fuel system the docket and notice numbers above
Transmission Braking Effect, 103 components with U.S. model and be submitted by any of the
Windshield Defrosting and Defogging components as necessary to meet all following methods:
Systems, 104 Windshield Wiping and applicable requirements of the • Federal eRulemaking Portal: Go to
Washing Systems, 105 Hydraulic and standards. http://www.regulations.gov. Follow the
Electric Brake Systems, 106 Brake The petitioner additionally states that online instructions for submitting
Hoses, 109 New pneumatic and certain a vehicle identification plate must be comments.
specialty tires, 113 Hood Latch System, affixed to the vehicle near the left • Mail: Docket Management Facility:
116 Motor Vehicle Brake Fluids, 124 windshield pillar to meet the U.S. Department of Transportation, 1200
Accelerator Control Systems, 202 Head requirements of 49 CFR part 565. New Jersey Avenue SE., West Building
Restraints, 203 Impact protection for the All comments received before the Ground Floor, Room W12–140,
driver from the steering control system, close of business on the closing date Washington, DC 20590–0001.
204 Steering Control Rearward indicated above will be considered, and • Hand Delivery or Courier: West
Displacement, 205 Glazing Materials, will be available for examination in the Building Ground Floor, Room W12–140,
206 Door Locks and door retention docket at the above addresses both 1200 New Jersey Avenue SE., between
components, 207 Seating Systems, 210 before and after that date. To the extent 9 a.m. and 5 p.m. ET, Monday through
Seat Belt Assembly Anchorages, 212 possible, comments filed after the Friday, except Federal holidays.
Windshield Mounting, 214 Side Impact closing date will also be considered. • Fax: 202–493–2251.
Protection, 216 Roof Crush Resistance, Notice of final action on the petition Instructions: Comments must be
219 Windshield Zone Intrusion, and 302 will be published in the Federal written in the English language, and be
Flammability of Interior Materials. Register pursuant to the authority no greater than 15 pages in length,
The petitioner also contends that the although there is no limit to the length
asabaliauskas on DSK3SPTVN1PROD with NOTICES
indicated below.
subject non-U.S certified vehicles are Authority: 49 U.S.C. 30141(a)(1)(A),
of necessary attachments to the
capable of being readily altered to meet (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation comments. If comments are submitted
the following standards, in the manner of authority at 49 CFR 1.95 and 501.8. in hard copy form, please ensure that
indicated: two copies are provided. If you wish to
Standard No. 101 Controls and Jeffrey M. Giuseppe, receive confirmation that your
Displays: Replacement of the original Director, Office of Vehicle Safety Compliance. comments were received, please enclose
instrument cluster with the U.S. model [FR Doc. 2016–17190 Filed 7–20–16; 8:45 am] a stamped, self-addressed postcard with
component and reprogramming the BILLING CODE 4910–59–P the comments. Note that all comments
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![Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices 47493
Standard No. 401 Interior Trunk W12–140, 1200 New Jersey Avenue SE., Chapter 301 on the basis that this
Release: A trunk release mechanism Washington, DC 20590. noncompliance is inconsequential to
must be installed to meet the • Hand Deliver: Deliver comments by motor vehicle safety.
requirements of the standard. hand to: U.S. Department of This notice of receipt of Spartan’s
All comments received before the Transportation, Docket Operations, M– petition is published under 49 U.S.C.
close of business on the closing date 30, West Building Ground Floor, Room 30118 and 30120 and does not represent
indicated above will be considered, and W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of
will be available for examination in the Washington, DC 20590. The Docket judgment concerning the merits of the
docket at the above addresses both Section is open on weekdays from 10 petition.
before and after that date. To the extent a.m. to 5 p.m. except Federal Holidays. II. Vehicles Involved: Affected are
possible, comments filed after the • Electronically: Submit comments approximately 910 MY 2013–2015
closing date will also be considered. electronically by: Logging onto the Utilimaster Vans that were
Notice of final action on the petition Federal Docket Management System manufactured between July 11, 2014
will be published in the Federal (FDMS) Web site at http:// and December 8, 2015.
Register pursuant to the authority www.regulations.gov/. Follow the online III. Noncompliance: Spartan explains
indicated below. instructions for submitting comments. that the noncompliance occurred during
Authority: 49 U.S.C. 30141(a)(1)(A), Comments may also be faxed to (202) alterations to the subject vehicles.
(a)(1)(B), and (b)(1); 49 CFR 593.7; delegation 493–2251. During alterations the sun visors were
of authority at 49 CFR 1.95 and 501.8. Comments must be written in the removed and then reinstalled. As a
English language, and be no greater than result of the reinstallation, the required
Jeffrey M. Giuseppe, sun visor air bag warning labels are not
15 pages in length, although there is no
Director, Office of Vehicle Safety Compliance. limit to the length of necessary visible when the sun visors are in the
[FR Doc. 2016–17191 Filed 7–20–16; 8:45 am] attachments to the comments. If stowed position. Since the sun visor air
BILLING CODE 4910–59–P comments are submitted in hard copy bag warning labels are not visible when
form, please ensure that two copies are in the stowed position, an air bag alert
provided. If you wish to receive label is required and therefore does not
DEPARTMENT OF TRANSPORTATION confirmation that comments you have meet the requirements as specified in
submitted by mail were received, please paragraph S4.5.1(c) of FMVSS No. 208.
National Highway Traffic Safety IV. Rule Text: Paragraph S4.5.1(c) of
enclose a stamped, self-addressed
Administration FMVSS No. 208 requires in pertinent
postcard with the comments. Note that
[Docket No. NHTSA–2016–0024; Notice 1] all comments received will be posted part:
without change to http:// S4.5.1(c) Air bag alert label. If the label
Spartan Motors USA, Inc., Receipt of www.regulations.gov, including any required by S4.5.1(b) is not visible when the
Petition for Decision of sun visor is in the stowed position, an air bag
personal information provided.
Inconsequential Noncompliance alert label shall be permanently affixed to
The petition, supporting materials, that visor so that the label is visible when the
AGENCY: National Highway Traffic and all comments received before the visor is in that position. The label shall
Safety Administration (NHTSA), close of business on the closing date conform in content to the sun visor label
Department of Transportation (DOT). indicated above will be filed in the shown in Figure 6(c) of this standard, and
ACTION: Receipt of petition. docket and will be considered. All shall comply with the requirements of
comments and supporting materials S4.5.1(c)(1) through S4.5.1(c)(3) . . .
SUMMARY: Spartan Motors USA, Inc. received after the closing date will also V. Summary of Spartan’s Petition:
(Spartan), has determined that certain be filed and will be considered to the Spartan described the subject
model year (MY) 2013–2015 Utilimaster extent possible. noncompliance and stated its belief that
Vans do not fully comply with When the petition is granted or the noncompliance is inconsequential to
paragraph S4.5.1(c) of Federal Motor denied, notice of the decision will also motor vehicle safety for the following
Vehicle Safety Standard (FMVSS) No. be published in the Federal Register reasons:
208, Occupant crash protection. Spartan pursuant to the authority indicated at (a) Spartan cited the definition of
Motors USA, Inc., filed a report dated the end of this notice. motor vehicle safety as stated in the
January 15, 2016, pursuant to 49 CFR All documents submitted to the Safety Act under 49 U.S.C. 30111(a).
part 573, Defect and Noncompliance docket may be viewed by anyone at the Spartan also cited 49 U.S.C. 30118(d)
Responsibility and Reports for Spartan. address and times given above. The under the Safety Act where Congress
Spartan then petitioned NHTSA under documents may also be viewed on the acknowledges that there are cases where
49 CFR part 556 requesting a decision Internet at http://www.regulations.gov a manufacturer has failed to comply
that the subject noncompliance is by following the online instructions for with a safety standard, yet the impact on
inconsequential to motor vehicle safety. accessing the dockets. The docket ID motor vehicle safety is so slight that an
DATES: The closing date for comments number for this petition is shown at the exemption from the notice and remedy
on the petition is August 22, 2016. heading of this notice. requirements of the Safety Act is
ADDRESSES: Interested persons are DOT’s complete Privacy Act justified.
invited to submit written data, views, Statement is available for review in the (b) Spartan stated that S4.5.1(b)(2) of
and arguments on this petition. Federal Register published on April 11, FMVSS No. 208 requires an air bag
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Comments must refer to the docket and 2000, (65 FR 19477–78). warning label to be installed, at the
notice number cited in the title of this SUPPLEMENTARY INFORMATION: manufacturer’s option, on either side of
notice and submitted by any of the I. Overview: Pursuant to 49 U.S.C. the sun visor at each outboard seating
following methods: 30118(d) and 30120(h) (see position equipped with an inflatable
• Mail: Send comments by mail implementing rule at 49 CFR part 556), restraint. Within that same section of
addressed to: U.S. Department of Spartan submitted a petition for an FMVSS No. 208, it states that air bag
Transportation, Docket Operations, M– exemption from the notification and warning labels are to be installed, at the
30, West Building Ground Floor, Room remedy requirements of 49 U.S.C. manufacturer’s option, in accordance
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Document Created: 2018-02-08 07:59:13
Document Modified: 2018-02-08 07:59:13
| 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 | Receipt of petition. | |
| Dates | The closing date for comments on the petition is August 22, 2016. | |
| Contact | George Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308). | |
| FR Citation | 81 FR 47491 |
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