82_FR_17585 82 FR 17517 - Decision That Certain Nonconforming Model Year 1996 and 1997 Ferrari F50 Passenger Cars Are Eligible for Importation

82 FR 17517 - Decision That Certain 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 82, Issue 68 (April 11, 2017)

Page Range17517-17518
FR Document2017-07161

This document announces a decision by the National Highway Traffic Safety Administration that certain model year (MY) 1996 and 1997 Ferrari F50 passenger cars (PC) manufactured prior to September 1, 1997 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 those vehicles have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS.

Federal Register, Volume 82 Issue 68 (Tuesday, April 11, 2017) 
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17517-17518]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07161]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0094, Notice 2]


Decision That Certain 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: Grant of petition.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain model year (MY) 1996 and 
1997 Ferrari F50 passenger cars (PC) manufactured prior to September 1, 
1997 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 those vehicles have 
safety features that comply with, or are capable of being altered to 
comply with, all applicable FMVSS.

DATES: This decision became effective on March 21, 2017.

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)(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 its 
safety features comply with, or are capable of being altered to comply 
with, all applicable FMVSS based on destructive test data or such other 
evidence that NHTSA decides to be adequate.
    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) petitioned NHTSA to decide whether 
nonconforming 1996 and 1997 Ferrari F50 PC's are eligible for 
importation into the United States. NHTSA published a notice of the 
petition on October 16, 2016 (81 FR 72852) to afford an opportunity for 
public comment. No comments were received in response to this notice. 
The reader is referred to the notice for a thorough description of the 
petition.

NHTSA Conclusions

    In its petition, J.K. noted that the original manufacturer, 
Ferrari, S.p.A., certified the MY 1995 F50 PCs to all applicable FMVSS 
and offered those vehicles for sale in the United States. J.K. also 
contends that the non-U.S certified MY 1996 and 1997 Ferrari F50 PCs 
share the same platform with the U.S.-certified MY 1995 Ferrari F50 PC, 
and on that basis compares the non-U.S. certified model to those 
vehicles to establish its conformity with many applicable FMVSS. 
Because there is no U.S.-certified counterpart for the MY 1997 Ferrari 
F50 PC, the petitioner acknowledged that it could not base its petition 
solely on the substantial similarity of those vehicles to the U.S.-
certified MY 1995 Ferrari F50 PC. Instead, the petitioner chose to 
establish import eligibility on the basis that the vehicles have safety 
features that comply with, or are capable of being modified to comply 
with, the FMVSS based on destructive test data or such other evidence 
that NHTSA decides to be adequate as set forth in 49 U.S.C. 
30141(a)(1)(B). Nevertheless, the petitioner contends that the non-U.S. 
certified MY 1997 Ferrari F50 PCs use the same components as the U.S.-
certified MY 1995 Ferrari F50 PCs in virtually all of the systems 
subject to applicable FMVSS.
    NHTSA has reviewed the petition and has concluded that the 
nonconforming versions of the MY 1996 and 1997 Ferrari F50 PCs are 
similar to the U.S.-certified versions of the MY 1995 Ferrari F50 PCs 
and are capable of being readily altered to comply with all applicable 
FMVSS with respect to all FMVSS applicable prior to September 1, 1997.
    NHTSA has limited this decision to vehicles manufactured prior to 
September 1, 1997, because the U.S.-certified MY 1995 Ferrari F50 PCs 
that are the basis for this decision were not required to conform to 
the air bag system requirements of FMVSS No. 208 Occupant Crash 
Protection and the petitioner made no representation as to compliance 
with air bag system requirements of FMVSS No. 208 for the subject 
vehicles.
    NHTSA has long taken the position that RIs are not subject to the 
requirements of standards that are being phased in, but must comply 
with those requirements once they apply to 100 percent of a 
manufacturer's production. The requirement for air bags to be installed 
at the driver's and front outboard passenger's seating position applies 
to 100 percent of passenger cars manufactured on or after September 1, 
1997. As a consequence, an RI can meet the automatic protection 
requirements of the standard by installing conforming automatic seat 
belts in passenger cars manufactured prior to that date. Therefore, 
J.K. or another RI could meet the standard by installing automatic seat 
belts in 1996 and 1997 Ferrari F50 passenger cars manufactured prior to 
September 1, 1997. Vehicles manufactured on or after that date would 
require the installation of U.S.-model air bag systems to meet the 
standard. The agency further notes that conformity packages submitted 
for vehicles imported under this decision must demonstrate that the 
vehicle is equipped with components that allow it to achieve compliance 
with the standard. Any modification or replacement of components 
necessary to meet the requirements of the standard must be shown to 
bring the vehicle into compliance. Such proof must be submitted by an 
RI as part of any conformity package submitted for nonconforming 1996 
and 1997 Ferrari F50 passenger cars.

[[Page 17518]]

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 1996 and 1997 Ferrari F50 passenger cars manufactured prior to 
September 1, 1997 that were not originally manufactured to comply with 
all applicable FMVSS, are capable of being altered to conform to all 
applicable FMVSS.

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. 
VCP-62 is assigned to MY 1996 and 1997 Ferrari F50 passenger cars 
manufactured prior to September 1, 1997 are 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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-07161 Filed 4-10-17; 8:45 am]
BILLING CODE 4910-59-P

Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 17517 exempt manufacturers only from the Background other evidence that NHTSA decides to duties found in sections 30118 and Under 49 U.S.C 30141(a)(1)(B), a be adequate as set forth in 49 U.S.C. 30120, respectively, to notify owners, motor vehicle that was not originally 30141(a)(1)(B). Nevertheless, the purchasers, and dealers of a defect or manufactured to conform to all petitioner contends that the non-U.S. noncompliance and to remedy the applicable FMVSS shall be refused certified MY 1997 Ferrari F50 PCs use defect or noncompliance. Therefore, any admission into the United States unless the same components as the U.S.- decision on this petition only applies to NHTSA has decided its safety features certified MY 1995 Ferrari F50 PCs in the subject vehicles that MBUSA no comply with, or are capable of being virtually all of the systems subject to longer controlled at the time it applicable FMVSS. altered to comply with, all applicable determined that the noncompliance NHTSA has reviewed the petition and FMVSS based on destructive test data or existed. However, any decision on this has concluded that the nonconforming such other evidence that NHTSA versions of the MY 1996 and 1997 petition does not relieve vehicle decides to be adequate. distributors and dealers of the Ferrari F50 PCs are similar to the U.S.- Petitions for eligibility decisions may prohibitions on the sale, offer for sale, certified versions of the MY 1995 Ferrari be submitted by either manufacturers or F50 PCs and are capable of being readily or introduction or delivery for importers who have registered with introduction into interstate commerce of altered to comply with all applicable NHTSA pursuant to 49 CFR part 592. As FMVSS with respect to all FMVSS the noncompliant vehicles under their specified in 49 CFR 593.7, NHTSA control after MBUSA notified them that applicable prior to September 1, 1997. publishes notice in the Federal Register NHTSA has limited this decision to the subject noncompliance existed. of each petition that it receives, and vehicles manufactured prior to Authority: (49 U.S.C. 30118, 30120: affords interested persons an September 1, 1997, because the U.S.- Delegations of authority at 49 CFR 1.95 and opportunity to comment on the petition. certified MY 1995 Ferrari F50 PCs that 501.8) At the close of the comment period, are the basis for this decision were not Jeffrey M. Giuseppe, NHTSA decides, on the basis of the required to conform to the air bag Director, Office of Vehicle Safety Compliance. petition and any comments that it has system requirements of FMVSS No. 208 received, whether the vehicle is eligible Occupant Crash Protection and the [FR Doc. 2017–07167 Filed 4–10–17; 8:45 am] for importation. The agency then petitioner made no representation as to BILLING CODE 4910–59–P publishes this decision in the Federal compliance with air bag system Register. requirements of FMVSS No. 208 for the DEPARTMENT OF TRANSPORTATION J. K. Technologies, LLC (J.K.), Inc. of subject vehicles. Baltimore, Maryland (Registered NHTSA has long taken the position National Highway Traffic Safety Importer R–90–006) petitioned NHTSA that RIs are not subject to the Administration to decide whether nonconforming 1996 requirements of standards that are being and 1997 Ferrari F50 PC’s are eligible phased in, but must comply with those for importation into the United States. requirements once they apply to 100 [Docket No. NHTSA–2015–0094, Notice 2] NHTSA published a notice of the percent of a manufacturer’s production. Decision That Certain Nonconforming petition on October 16, 2016 (81 FR The requirement for air bags to be Model Year 1996 and 1997 Ferrari F50 72852) to afford an opportunity for installed at the driver’s and front Passenger Cars Are Eligible for public comment. No comments were outboard passenger’s seating position Importation received in response to this notice. The applies to 100 percent of passenger cars reader is referred to the notice for a manufactured on or after September 1, AGENCY: National Highway Traffic thorough description of the petition. 1997. As a consequence, an RI can meet Safety Administration (NHTSA), the automatic protection requirements Department of Transportation (DOT). NHTSA Conclusions of the standard by installing conforming ACTION: Grant of petition. In its petition, J.K. noted that the automatic seat belts in passenger cars original manufacturer, Ferrari, S.p.A., manufactured prior to that date. SUMMARY: This document announces a certified the MY 1995 F50 PCs to all Therefore, J.K. or another RI could meet decision by the National Highway applicable FMVSS and offered those the standard by installing automatic seat Traffic Safety Administration that vehicles for sale in the United States. belts in 1996 and 1997 Ferrari F50 certain model year (MY) 1996 and 1997 J.K. also contends that the non-U.S passenger cars manufactured prior to Ferrari F50 passenger cars (PC) certified MY 1996 and 1997 Ferrari F50 September 1, 1997. Vehicles manufactured prior to September 1, PCs share the same platform with the manufactured on or after that date 1997 that were not originally U.S.-certified MY 1995 Ferrari F50 PC, would require the installation of U.S.- manufactured to comply with all and on that basis compares the non-U.S. model air bag systems to meet the applicable Federal motor vehicle safety certified model to those vehicles to standard. The agency further notes that standards (FMVSS) are eligible for establish its conformity with many conformity packages submitted for importation into the United States applicable FMVSS. Because there is no vehicles imported under this decision because those vehicles have safety U.S.-certified counterpart for the MY must demonstrate that the vehicle is features that comply with, or are 1997 Ferrari F50 PC, the petitioner equipped with components that allow it capable of being altered to comply with, acknowledged that it could not base its to achieve compliance with the all applicable FMVSS. petition solely on the substantial standard. Any modification or similarity of those vehicles to the U.S.- replacement of components necessary to srobinson on DSK5SPTVN1PROD with NOTICES DATES: This decision became effective on March 21, 2017. certified MY 1995 Ferrari F50 PC. meet the requirements of the standard Instead, the petitioner chose to establish must be shown to bring the vehicle into ADDRESSES: For further information, import eligibility on the basis that the compliance. Such proof must be contact George Stevens, Office of vehicles have safety features that submitted by an RI as part of any Vehicle Safety Compliance, NHTSA comply with, or are capable of being conformity package submitted for (202–366–5308). modified to comply with, the FMVSS nonconforming 1996 and 1997 Ferrari SUPPLEMENTARY INFORMATION: based on destructive test data or such F50 passenger cars. VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1

17518 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices Decision notice and submitted by any of the SUPPLEMENTARY INFORMATION: following methods: I. Overview: General Motors, LLC Accordingly, on the basis of the • Mail: Send comments by mail (GM), has determined that certain model foregoing, NHTSA hereby decides that addressed to U.S. Department of year (MY) 2016–2017 Cadillac CT6 MY 1996 and 1997 Ferrari F50 Transportation, Docket Operations, M– vehicles do not fully comply with passenger cars manufactured prior to 30, West Building Ground Floor, Room paragraph S7.8.13 of Federal Motor September 1, 1997 that were not W12–140, 1200 New Jersey Avenue SE., Vehicle Safety Standard (FMVSS) No. originally manufactured to comply with Washington, DC 20590. 108, Lamps, Reflective Devices, and all applicable FMVSS, are capable of • Hand Delivery: Deliver comments Associated Equipment. GM filed a being altered to conform to all by hand to U.S. Department of defect report dated October 26, 2016, applicable FMVSS. Transportation, Docket Operations, M– pursuant to 49 CFR part 573, Defect and Vehicle Eligibility Number for Subject 30, West Building Ground Floor, Room Noncompliance Responsibility and Vehicles W12–140, 1200 New Jersey Avenue SE., Reports. GM also petitioned NHTSA on Washington, DC 20590. The Docket November 18, 2016, pursuant to 49 The importer of a vehicle admissible Section is open on weekdays from 10 U.S.C. 30118(d) and 30120(h) and 49 under any final decision must indicate a.m. to 5 p.m. except Federal Holidays. CFR part 556, for an exemption from the on the form HS–7 accompanying entry • Electronically: Submit comments notification and remedy requirements of the appropriate vehicle eligibility electronically by logging onto the 49 U.S.C. Chapter 301 on the basis that number indicating that the vehicle is Federal Docket Management System this noncompliance is inconsequential eligible for entry. VCP–62 is assigned to (FDMS) Web site at https:// as it relates to motor vehicle safety. MY 1996 and 1997 Ferrari F50 www.regulations.gov/. Follow the online This notice of receipt of GM’s petition passenger cars manufactured prior to instructions for submitting comments. is published under 49 U.S.C. 30118 and September 1, 1997 are admissible under • Comments may also be faxed to 30120 and does not represent any this notice of final decision. (202) 493–2251. agency decision or other exercise of Authority: (49 U.S.C. 30118, 30120: Comments must be written in the judgment concerning the merits of the delegations of authority at 49 CFR 1.95 and English language, and be no greater than petition. 501.8). 15 pages in length, although there is no II. Vehicles Involved: Approximately Jeffrey M. Giuseppe, limit to the length of necessary 12,475 MY 2016–2017 Cadillac CT6 attachments to the comments. If vehicles manufactured between Director, Office of Vehicle Safety Compliance. comments are submitted in hard copy September 4, 2015, and October 18, [FR Doc. 2017–07161 Filed 4–10–17; 8:45 am] form, please ensure that two copies are 2016, are potentially involved. BILLING CODE 4910–59–P provided. If you wish to receive III. Noncompliance: GM explains that confirmation that comments you have the noncompliance is that the software submitted by mail were received, please in the subject vehicles’ Park/Position DEPARTMENT OF TRANSPORTATION lamp’s electronic control unit (ECU) was enclose a stamped, self-addressed National Highway Traffic Safety postcard with the comments. Note that programmed incorrectly, causing the Administration all comments received will be posted ECU to misinterpret the signals from the without change to https:// vehicle’s body control module (BCM). [Docket No. NHTSA–2016–0117; Notice 1] www.regulations.gov, including any This results in higher than expected personal information provided. light output that may exceed the General Motors, LLC, Receipt of All comments and supporting maximum values permitted in Petition for Decision of materials received before the close of paragraph S7.8.13 of FMVSS No. 108. Inconsequential Noncompliance business on the closing date indicated Specifically, the nine failed test points above will be filed in the docket and exceeded the maximum allowed value AGENCY: National Highway Traffic will be considered. All comments and by 2.3% to 74.8%. Eight of the nine Safety Administration (NHTSA), supporting materials received after the failed test points exceeded the Department of Transportation (DOT). closing date will also be filed and will maximum allowed value by 25%. ACTION: Receipt of petition. be considered to the fullest extent IV. Rule Text: Paragraph S7.8.13 of possible. FMVSS No. 108 states: SUMMARY: General Motors, LLC (GM), has determined that certain model year When the petition is granted or S7.8.13 Photometry. Each parking lamp must (MY) 2016–2017 Cadillac CT6 motor denied, notice of the decision will also be designed to conform to the photometry vehicles do not fully comply with be published in the Federal Register requirements of Table XIV, when tested pursuant to the authority indicated at according to the procedure of S14.2.1, as Federal Motor Vehicle Safety Standard specified by this section. . . (FMVSS) No. 108, Lamps, Reflective the end of this notice. All comments, background Table XIV specifies various minimum Devices, and Associated Equipment. GM documentation, and supporting and maximum photometric intensity filed a noncompliance report dated materials submitted to the docket may requirements for parking lamps at October 26, 2016. GM also petitioned be viewed by anyone at the address and specified test points. NHTSA on November 18, 2016, for a times given above. The documents may V. Summary of GM’s Petition: GM decision that the subject noncompliance also be viewed on the Internet at https:// described the subject noncompliance is inconsequential as it relates to motor www.regulations.gov by following the and stated its belief that the vehicle safety. online instructions for accessing the srobinson on DSK5SPTVN1PROD with NOTICES noncompliance is inconsequential as it DATES: The closing date for comments dockets. The docket ID number for this relates to motor vehicle safety. on the petition is May 11, 2017. petition is shown in the heading of this In support of its petition, GM ADDRESSES: Interested persons are notice. submitted the following reasoning: invited to submit written data, views, DOT’s complete Privacy Act (a) The subject vehicles’ parking lamp- and arguments on this petition. Statement is available for review in a headlamp combination does not exceed the Comments must refer to the docket and Federal Register notice published on maximum permitted glare values for notice number cited in the title of this April 11, 2000, (65 FR 19477–78). headlamps specified in FMVSS No. 108: VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\11APN1.SGM 11APN1


Document Created: 2017-04-11 00:48:48
Document Modified: 2017-04-11 00:48:48
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
ActionGrant of petition.
DatesThis decision became effective on March 21, 2017.
FR Citation82 FR 17517 
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