81_FR_73056 81 FR 72852 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 1996 and 1997 Ferrari F50 Passenger Cars Are Eligible for Importation

81 FR 72852 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 1996 and 1997 Ferrari F50 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 204 (October 21, 2016)

Page Range72852-72853
FR Document2016-25487

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 1996 and 1997 Ferrari F50 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. A motor vehicle that was not originally manufactured to conform to all applicable FMVSS, and has no substantially similar U.S.- certified counterpart, shall be refused admission into the United States unless NHTSA has decided that the motor vehicle has safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate.

Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016) 
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Notices]
[Pages 72852-72853]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25487]



[[Page 72852]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0094; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 1996 and 1997 Ferrari F50 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) 1996 and 1997 Ferrari F50 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. A motor vehicle that was not originally manufactured to 
conform to all applicable FMVSS, and has no substantially similar U.S.-
certified counterpart, shall be refused admission into the United 
States unless NHTSA has decided that the motor vehicle has safety 
features that comply with, or are capable of being altered to comply 
with, all applicable FMVSS based on destructive test data or such other 
evidence as NHTSA decides to be adequate.

DATES: The closing date for comments on the petition is November 21, 
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 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)(B), 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 has safety features that comply with or are capable 
of being altered to comply 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 (J.K.), Inc. of Baltimore, Maryland 
(Registered Importer R-90-006) has petitioned NHTSA to decide whether 
nonconforming 1996 and 1997 Ferrari F50 PC's are eligible for 
importation into the United States. J.K. believes these vehicles are 
capable of being modified to meet all applicable FMVSS. The petitioner 
seeks to use the U.S.-certified version of the 1995 Ferrari F50 PC for 
comparative purposes in establishing the import eligibility of the non-
U.S. certified 1996 and 1997 models. The petitioner claims there is 
precedence for this approach in action taken by the agency on a 
petition involving Mercedes Benz S and SL class vehicles. The agency 
notes that in a petition involving MY 2001 and 2002 Mercedes-Benz SL 
class PC's, the petitioner, which was also J.K., asserted that even 
though there were no substantially similar U.S.-certified vehicles of 
the same model years, the petitioned vehicles had the same part numbers 
as those found on the U.S.-certified MY 2003 Mercedes-Benz SL class 
PC's, and that, as a consequence, the conformance modifications would 
be the same and utilize the same procedures as those required for 
conforming a non-U.S. certified version MY 2003 vehicle. See 67 FR 
68908 (November 13, 2002). In like manner, J.K. asserts in this 
instance that the 1995 Ferrari F50 PC uses all of the same safety 
systems and part numbers to meet the FMVSS as the 1996 and 1997 
versions.
    J.K. contends that non-U.S. certified 1996 and 1997 Ferrari F50 
PC's, as originally manufactured, meet FMVSS in many areas in the same 
manner as the U.S.-certified 1995 Ferrari F50 PC. The petitioner notes 
that many of the concerned parts have the same parts numbers as those 
on the U.S.-certified prior year model. Moreover, it claims that in all 
areas that have to be modified the parts will be supplied by the OEM 
manufacturer. J.K. asserts that the modifications that will be needed 
do not concern the basic structure of the vehicle, but only removable 
and available parts.
    Specifically, the petitioner claims that the non U.S.-certified MY 
1996 and 1997 Ferrari F50 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, 105 
Hydraulic Brake Systems, 106 Brake Hoses, 109 New

[[Page 72853]]

Pneumatic and certain Specialty Tires, 113 Hood Latch System, 116 Motor 
Vehicle Brake Fluids, 124 Accelerator Control Systems, 201 Occupant 
Protection in Interior Impact, 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 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: Replacement of the 
instrument cluster with the U.S.-model component and reprogramming the 
associated software as described in the petition.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.-conforming side marker lamps, 
headlamps, tail lamps, stop lamps, parking lamps, backup lamps turn 
signal lamps, and reflex reflectors with U.S.-model components if not 
already so equipped.
    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 a U.S.-model mirror.
    Standard No. 114 Theft Protection: Reprogramming the body and 
instrument ECU to activate the key warning and belt warning systems.
    Standard No. 118: Power Operated Window, Partition and Roof Panel 
Systems: Reprogramming the window control module.
    Standard No. 208 Occupant Crash Protection: Replacement of passive 
restraint system components, including the electrical wiring harness, 
the passenger's side seat belt, seatbelt tracks and electronic control 
unit (ECU), with U.S.-model components as described in the petition.
    Standard No. 209 Seat Belt Assemblies: Replacement of the seat 
belts with U.S.-model components.
    Standard No. 214 Side Impact Protection: Installation of U.S.-model 
side impact protection bars in the doors.
    Standard No. 301 Fuel System Integrity: Replacement of fuel system 
components with U.S.-model components as necessary to meet all 
applicable requirements of the standards.
    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.
    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. 2016-25487 Filed 10-20-16; 8:45 am]
 BILLING CODE 4910-59-P

72852 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices DEPARTMENT OF TRANSPORTATION two copies are provided. If you wish to publishes this decision in the Federal receive confirmation that your Register. National Highway Traffic Safety comments were received, please enclose J.K. Technologies, LLC (J.K.), Inc. of Administration a stamped, self-addressed postcard with Baltimore, Maryland (Registered the comments. Note that all comments Importer R–90–006) has petitioned [Docket No. NHTSA–2015–0094; Notice 1] received will be posted without change NHTSA to decide whether Notice of Receipt of Petition for to https://www.regulations.gov, nonconforming 1996 and 1997 Ferrari Decision That Nonconforming Model including any personal information F50 PC’s are eligible for importation Year 1996 and 1997 Ferrari F50 provided. Please see the Privacy Act into the United States. J.K. believes Passenger Cars Are Eligible for heading below. these vehicles are capable of being Importation Privacy Act: Anyone is able to search modified to meet all applicable FMVSS. the electronic form of all comments The petitioner seeks to use the U.S.- AGENCY: National Highway Traffic received into any of our dockets by the certified version of the 1995 Ferrari F50 Safety Administration (NHTSA), name of the individual submitting the PC for comparative purposes in Department of Transportation (DOT). comment (or signing the comment, if establishing the import eligibility of the ACTION: Receipt of petition. submitted on behalf of an association, non-U.S. certified 1996 and 1997 business, labor union, etc.). You may models. The petitioner claims there is SUMMARY: This document announces review DOT’s complete Privacy Act precedence for this approach in action receipt by the National Highway Traffic Statement in the Federal Register taken by the agency on a petition Safety Administration (NHTSA) of a published on April 11, 2000 (65 FR involving Mercedes Benz S and SL class petition for a decision that model year 19477–78). vehicles. The agency notes that in a (MY) 1996 and 1997 Ferrari F50 How to Read Comments submitted to petition involving MY 2001 and 2002 passenger cars (PC) that were not the Docket: You may read the comments Mercedes-Benz SL class PC’s, the originally manufactured to comply with received by Docket Management at the petitioner, which was also J.K., asserted all applicable Federal motor vehicle address and times given above. You may that even though there were no safety standards (FMVSS) are eligible also view the documents from the substantially similar U.S.-certified for importation into the United States. A Internet at https://www.regulations.gov. vehicles of the same model years, the motor vehicle that was not originally Follow the online instructions for petitioned vehicles had the same part manufactured to conform to all accessing the dockets. The docket ID numbers as those found on the U.S.- applicable FMVSS, and has no number and title of this notice are certified MY 2003 Mercedes-Benz SL substantially similar U.S.-certified shown at the heading of this document class PC’s, and that, as a consequence, counterpart, shall be refused admission notice. Please note that even after the the conformance modifications would into the United States unless NHTSA comment closing date, we will continue be the same and utilize the same has decided that the motor vehicle has to file relevant information in the procedures as those required for safety features that comply with, or are Docket as it becomes available. Further, conforming a non-U.S. certified version capable of being altered to comply with, some people may submit late comments. MY 2003 vehicle. See 67 FR 68908 all applicable FMVSS based on Accordingly, we recommend that you (November 13, 2002). In like manner, destructive test data or such other periodically search the Docket for new J.K. asserts in this instance that the 1995 evidence as NHTSA decides to be material. Ferrari F50 PC uses all of the same adequate. safety systems and part numbers to meet FOR FURTHER INFORMATION CONTACT: the FMVSS as the 1996 and 1997 DATES: The closing date for comments George Stevens, Office of Vehicle Safety versions. on the petition is November 21, 2016. Compliance, NHTSA (202–366–5308). J.K. contends that non-U.S. certified ADDRESSES: Comments should refer to SUPPLEMENTARY INFORMATION: 1996 and 1997 Ferrari F50 PC’s, as the docket and notice numbers above originally manufactured, meet FMVSS and be submitted by any of the Background in many areas in the same manner as the following methods: Under 49 U.S.C. 30141(a)(1)(B), a U.S.-certified 1995 Ferrari F50 PC. The • Federal eRulemaking Portal: Go to motor vehicle that was not originally petitioner notes that many of the https://www.regulations.gov. Follow the manufactured to conform to all concerned parts have the same parts online instructions for submitting applicable FMVSS shall be refused numbers as those on the U.S.-certified comments. admission into the United States unless prior year model. Moreover, it claims • Mail: Docket Management Facility: NHTSA has decided that the motor that in all areas that have to be modified U.S. Department of Transportation, 1200 vehicle has safety features that comply the parts will be supplied by the OEM New Jersey Avenue SE., West Building with or are capable of being altered to manufacturer. J.K. asserts that the Ground Floor, Room W12–140, comply all applicable FMVSS. modifications that will be needed do not Washington, DC 20590–0001 Petitions for eligibility decisions may concern the basic structure of the • Hand Delivery or Courier: West be submitted by either manufacturers or vehicle, but only removable and Building Ground Floor, Room W12–140, importers who have registered with available parts. 1200 New Jersey Avenue SE., between NHTSA pursuant to 49 CFR part 592. As Specifically, the petitioner claims that 9 a.m. and 5 p.m. ET, Monday through specified in 49 CFR 593.7, NHTSA the non U.S.-certified MY 1996 and Friday, except Federal holidays. publishes notice in the Federal Register 1997 Ferrari F50 PC’s, as originally asabaliauskas on DSK3SPTVN1PROD with NOTICES • Fax: 202–493–2251. of each petition that it receives, and manufactured, conform to: Standard Instructions: Comments must be affords interested persons an Nos. 102 Transmission Shift Lever written in the English language, and be opportunity to comment on the petition. Sequence, Starter Interlock, and no greater than 15 pages in length, At the close of the comment period, Transmission Braking Effect, 103 although there is no limit to the length NHTSA decides, on the basis of the Windshield Defrosting and Defogging of necessary attachments to the petition and any comments that it has Systems, 104 Windshield Wiping and comments. If comments are submitted received, whether the vehicle is eligible Washing Systems, 105 Hydraulic Brake in hard copy form, please ensure that for importation. The agency then Systems, 106 Brake Hoses, 109 New VerDate Sep<11>2014 19:06 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1

Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices 72853 Pneumatic and certain Specialty Tires, applicable requirements of the through the internet, at 113 Hood Latch System, 116 Motor standards. Allan.M.Hopkins@irs.gov. Vehicle Brake Fluids, 124 Accelerator The petitioner additionally states that SUPPLEMENTARY INFORMATION: Control Systems, 201 Occupant a vehicle identification plate must be Title: Notice of Intent to Operate Protection in Interior Impact, 202 Head affixed to the vehicle near the left Under Section 501(c)(4). Restraints, 203 Impact Protection for the windshield pillar to meet the OMB Number: 1545–2161. driver from the Steering Control System, requirements of 49 CFR part 565. Notice Number: Form 8976. 204 Steering Control Rearward All comments received before the Abstract: This collection of Displacement, 205 Glazing Materials, close of business on the closing date information satisfies the statutory 206 Door Locks and Door Retention indicated above will be considered, and mandate in section 506. This Components, 207 Seating Systems, 210 will be available for examination in the information will be used by IRS to Seat Belt Assembly Anchorages, 212 docket at the above addresses both process the submitted notification form Windshield Mounting, 216 Roof Crush before and after that date. To the extent for completeness and to determine Resistance, 219 Windshield Zone possible, comments filed after the applicability of the penalties for failure Intrusion, and 302 Flammability of closing date will also be considered. to timely submit the notification Interior Materials. Notice of final action on the petition imposed by section 6652(c)(4) of the The petitioner also contends that the will be published in the Federal Code. subject non-U.S certified vehicles are Register pursuant to the authority Current Actions: Extension of capable of being readily altered to meet indicated below. currently approved collection. There are the following standards, in the manner Authority: 49 U.S.C. 30141(a)(1)(A), no changes being made to this collection indicated: (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation at this time. Standard No. 101 Controls and of authority at 49 CFR 1.95 and 501.8. Type of Review: Extension of Displays: Replacement of the instrument currently approved collection. Jeffrey M. Giuseppe, cluster with the U.S.-model component Affected Public: Individuals and and reprogramming the associated Director, Office of Vehicle Safety Compliance. households. software as described in the petition. [FR Doc. 2016–25487 Filed 10–20–16; 8:45 am] Estimated Number of Respondents: Standard No. 108 Lamps, Reflective BILLING CODE 4910–59–P 2,500. Devices and Associated Equipment: Estimated Average Time per Installation of U.S.-conforming side Respondent: 45 mins. marker lamps, headlamps, tail lamps, DEPARTMENT OF THE TREASURY Estimated Total Annual Burden stop lamps, parking lamps, backup Hours: 1,875 hrs. lamps turn signal lamps, and reflex Internal Revenue Service The following paragraph applies to all reflectors with U.S.-model components of the collections of information covered if not already so equipped. Proposed Collection; Comment by this notice: Standard No. 110 Tire Selection and Request for Form 8976 An agency may not conduct or Rims: Installation of the required tire sponsor, and a person is not required to information placard. AGENCY: Internal Revenue Service (IRS), respond to, a collection of information Standard No. 111 Rearview Mirrors: Treasury. unless the collection of information Inscription of the required warning ACTION: Notice and request for displays a valid OMB control number. statement on the face of the passenger comments. Books or records relating to a collection side rearview mirror or replacement of of information must be retained as long SUMMARY: The Department of the the mirror with a U.S.-model mirror. as their contents may become material Treasury, as part of its continuing effort Standard No. 114 Theft Protection: in the administration of any internal to reduce paperwork and respondent Reprogramming the body and revenue law. Generally, tax returns and burden, invites the general public and instrument ECU to activate the key tax return information are confidential, other Federal agencies to take this warning and belt warning systems. as required by 26 U.S.C. 6103. opportunity to comment on proposed Standard No. 118: Power Operated Request for Comments: Comments and/or continuing information Window, Partition and Roof Panel submitted in response to this notice will collections, as required by the Systems: Reprogramming the window be summarized and/or included in the Paperwork Reduction Act of 1995, control module. request for OMB approval. All Public Law 104–13 (44 U.S.C. Standard No. 208 Occupant Crash 3506(c)(2)(A)). Currently, the IRS is comments will become a matter of Protection: Replacement of passive soliciting comments concerning Form public record. Comments are invited on: restraint system components, including 8976, Notice of Intent to Operate Under (a) Whether the collection of the electrical wiring harness, the Section 501(c)(4). information is necessary for the proper passenger’s side seat belt, seatbelt tracks performance of the functions of the and electronic control unit (ECU), with DATES: Written comments should be agency, including whether the U.S.-model components as described in received on or before December 20, 2016 information shall have practical utility; the petition. to be assured of consideration. (b) the accuracy of the agency’s estimate Standard No. 209 Seat Belt ADDRESSES: Direct all written comments of the burden of the collection of Assemblies: Replacement of the seat to Tuawana Pinkston, Internal Revenue information; (c) ways to enhance the asabaliauskas on DSK3SPTVN1PROD with NOTICES belts with U.S.-model components. Service, room 6526, 1111 Constitution quality, utility, and clarity of the Standard No. 214 Side Impact Avenue NW., Washington, DC 20224. information to be collected; (d) ways to Protection: Installation of U.S.-model FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of side impact protection bars in the doors. Requests for additional information or information on respondents, including Standard No. 301 Fuel System copies of notice should be directed to through the use of automated collection Integrity: Replacement of fuel system Allan Hopkins at Internal Revenue techniques or other forms of information components with U.S.-model Service, Room 6129, 1111 Constitution technology; and (e) estimates of capital components as necessary to meet all Avenue NW., Washington, DC 20224, or or start-up costs and costs of operation, VerDate Sep<11>2014 19:06 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1


Document Created: 2018-02-13 16:35:44
Document Modified: 2018-02-13 16:35:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is November 21, 2016.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation81 FR 72852 
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