83 FR 12841 - Decision That Nonconforming Model Year 2013-2014 Ferrari F12 Berlinetta Passenger Cars Are Eligible for Importation
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 83, Issue 57 (March 23, 2018)
National Highway Traffic Safety Administration
Federal Register Volume 83, Issue 57 (March 23, 2018)
| Page Range | 12841-12843 | |
| FR Document | 2018-05917 |
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)] [Notices] [Pages 12841-12843] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05917] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0104, Notice 3] Decision That Nonconforming Model Year 2013-2014 Ferrari F12 Berlinetta 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) 2013-2014 Ferrari F12 Berlinetta 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 2013-2014 Ferrari F12 Berlinetta PC), and they are capable of being readily altered to conform to the standards. [[Page 12842]] DATES: This decision became effective on March 20, 2018. FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle Safety Compliance, NHTSA, telephone (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 received, 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 submitted, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. G&K Automotive Conversion, Inc., of Santa Ana, California (``G&K'') (Registered Importer# RI-90-007), petitioned NHTSA to decide whether certain MY 2013-2014 Ferrari F12 Berlinetta PCs are eligible for importation into the United States. NHTSA published a notice of the petition on December 7, 2016 (81 FR 88318) to afford an opportunity for public comment. The reader is referred to that notice for a thorough description of the petition. Comments On February 6, 2017, Ferrari North America (FNA), the vehicle's original manufacturer, submitted comments to the petition docket. In their comments, Ferrari stated that while they 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), they strongly disputed G&K'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 their assertions with respect to specific FMVSS. G&K responded to FNA's comments by reiterating their belief that the subject non-U.S.-conforming vehicles can be readily modified to meet all applicable FMVSS and that they have the experience and technical knowledge to perform the necessary modifications to conform the vehicles and remedy necessary recalls. A summary of FNA's comments, G&K's responses to FNA's comments, and the conclusions that NHTSA has reached regarding the issues raised by the parties is set forth below. Review of Comments and Conclusions NHTSA has reviewed the petition, FNA's comments, G&K's subsequent responses to FNA's comments, and G&K's responses to NHTSA's resultant inquiries. Based on these reviews and associated analyses, NHTSA has concluded that the subject nonconforming vehicles, as originally manufactured, conform to many FMVSS in the same manner as their U.S.- certified counterparts, or are capable of being readily altered to comply with all applicable FMVSS as outlined in the petition, except as amended by NHTSA's following decisions. NHTSA has concluded that an RI who imports one of these vehicles must complete modifications in addition to those proposed in the petition, and include, in the statement of conformity and associated documents (referred to as a ``conformity package'') they submit to NHTSA under 49 CFR 592.6(d,) additional specific proof to confirm that each vehicle was manufactured to conform to, or was successfully altered to conform to, each of the following standards: FMVSS No. 101, Controls and Displays; FNA commented that a simple reprogramming of the software would be insufficient to render the vehicle compliant with the standard, and stated that in addition to various necessary software modifications, the instrument cluster must be replaced entirely, at considerable cost. G&K responded that they have the necessary equipment and expertise to reprogram the vehicle to render the instrument cluster compliant. They also assert that this would be sufficient, and that replacement of the cluster would not be necessary. 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. Proof must also be furnished that all portions of the instrument panel in the vehicle, as altered, meet the standard to which they are subject. FMVSS No. 201, Occupant Protection in Interior Impact; FNA commented that the U.S. Market vehicles to which this petition refers have special A-pillar and rear pillar trims to satisfy the requirements of FMVSS No. 201, and that replacement of this trim would be especially expensive. G&K responded that they have inspected the trim on the pillars of the vehicle subject to this petition, and that the relevant trim is identical both in appearance and material to the trim on the U.S.- certified vehicle. NHTSA has decided that the A-pillar trim must be replaced with U.S.-conforming model replacement components. Each conformity package must include Ferrari replacement part number verification, which will consist of copies of purchase invoices and photographs, both pre- and post-installation, illustrating that the trim on the A-pillars of each vehicle being imported is identical to that in the U.S.-certified counterpart after the replacement parts are installed. FMVSS No. 208, Occupant Crash Protection; FNA commented that the airbag system, and specifically the Child Seat Presence and Orientation Detector (``CPOD'') system, can be reprogrammed only by means of a specific device, and that this reprogramming is not straightforward. They further state that the passenger seat, front bumpers, and ceiling light would need to be replaced to ensure properly functioning sensors and telltales. G&K responded that they will inspect the passenger seat of each imported vehicle for compliance, and replace the seat or install components as necessary. They also assert that they have the necessary equipment and expertise to program the vehicle to activate the necessary sensing systems to satisfy the advanced airbag requirements. Finally, they state they will inspect, and replace as necessary, the ceiling lights to incorporate the necessary telltale, and that the relevant sensors in the bumpers are identical for the certified and non-certified vehicles. NHTSA has decided that the passenger seat, the ceiling light containing the passenger airbag telltale, and the front bumper must be replaced with the U.S.-conforming model replacement component. Each conformity package must include Ferrari replacement part number [[Page 12843]] verification, which will consist of copies of purchase invoices and a detailed description of the occupant protection system in place on the vehicle at the time it was delivered to the RI. The RI must also provide a similarly detailed description of the occupant protection system in place after the vehicle is altered, including photographs of all required labeling. The descriptions must include assembly diagrams and associated part numbers for all components that were removed from and installed on the vehicle, and descriptions of how the programming changes were completed and 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 in the form of test results that, as altered, the vehicle conforms to child protection requirements, passenger out of position, unbelted occupant, and telltale requirements of FMVSS No. 208 after the replacement parts and software updates are installed. FMVSS No. 225, Child Restraint Anchorage Systems; FNA commented that while G&K correctly summarized that they will need to add the appropriate child restraint anchorage, this summary unduly minimizes the expense and potential difficulties of said installation. Specifically, FNA states that installation will require replacement of upholstery, and that the screw holding the anchorage must be tightened to a precisely-defined torque. G&K responded by asserting that they have the necessary experience to install such an anchorage in a vehicle. NHTSA has decided that each conformity package must include photographic evidence that the required anchorage has been installed in each imported vehicle, and include a description of how the RI accomplished proper torqueing of the anchorage screw. FMVSS No. 301 Fuel System Integrity; FNA stated that the modifications to the fuel system that G&K identified in their petition may overlook reinforcements that have been provided for U.S.-certified vehicles to limit the movement of the gearbox in rear-end collisions as a means of preventing its impact with the fuel tank. G&K responded by reiterating that they will inspect each individual vehicle for compliance with this standard, and that they will install additional brackets behind the gearbox similar to those found in U.S.- certified vehicles as necessary. NHTSA has decided that each conformity package must include a detailed description of all modifications made to achieve conformity with this standard and that all newly installed and replaced components must be U.S.-conforming model Ferrari replacement components, provided that the non-U.S. vehicles were manufactured with mounting anchorages that are identical to those on the U.S.-certified vehicles. This description must include part number verification for each part replaced, copies of purchase invoices, and 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 they 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 MY 2013-2014 Ferrari F12 Berlinetta passenger cars that were not originally manufactured to comply with all applicable FMVSS, are substantially similar to MY 2013-2014 Ferrari F12 Berlinetta 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-594 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). Michael Cole, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2018-05917 Filed 3-22-18; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices 12841
to follow), a distance of 3,388.65 feet the summary is intended to affect the Issued in Des Moines, Washington, on
along the West line of the Northeast legal status of the petition or its final March 19, 2018.
Quarter of said Section 6 and along the disposition. Victor Wicklund,
West line of said Southeast Quarter to Manager, Transport Standards Branch.
a 5⁄8″ steel rebar with a ‘‘Miller Firm DATES: Comments on this petition must
identify the petition docket number and Petition for Exemption
#0095’’ identification cap set on the
South line of the North Half of said must be received on or before April 12, Docket No.: FAA–2018–0186.
Southeast Quarter; thence North 88 2018. Petitioner: The Boeing Company.
degrees 48 minutes 05 seconds East, a Section(s) of 14 CFR Affected:
ADDRESSES: Send comments identified § 25.939(a).
distance of 1,907.86 feet along said
by docket number FAA–2018–0186 Description of Relief Sought:
South line to a 1⁄2″ steel rebar set at the
POINT OF BEGINNING of the herein using any of the following methods: Petitioner is seeking a time limited
described tract; thence North 00 degrees • Federal eRulemaking Portal: Go to exemption and relief from 14 CFR
53 minutes 54 seconds West, a distance http://www.regulations.gov and follow 25.939(a) for the Boeing Model 787–10.
of 289.82 feet to a 1⁄2″ steel rebar; thence the online instructions for sending your Section 25.939(a) states turbine engine
North 88 degrees 46 minutes 59 seconds comments electronically. operating characteristics must be
East, a distance of 517.79 feet to a point investigated in flight to determine that
• Mail: Send comments to Docket
on the Southwesterly right-of-way line no adverse characteristics (such as stall,
Operations, M–30; U.S. Department of surge, or flameout) are present, to a
of Smith Road, said point being Transportation (DOT), 1200 New Jersey
referenced by a 1⁄2″ steel rebar found hazardous degree, during normal and
Avenue SE, Room W12–140, West emergency operation within the range of
0.24 feed East; thence South 35 degrees
Building Ground Floor, Washington, DC operating limitations of the airplane and
45 minutes 29 seconds East, a distance
20590–0001. of the engine. Specifically, petitioner
of 77.34 feet (deed) along said right-of-
way line; thence South 28 degrees 02 • Hand Delivery or Courier: Take requests relief from the requirement that
minutes 01 seconds East, a distance of comments to Docket Operations in turbine engines must be free of adverse
187.36 feet (deed) along said right-of- Room W12–140 of the West Building operating characteristics during normal
way line; thence South 14 degrees 30 Ground Floor at 1200 New Jersey and emergency operation within the
minutes 02 seconds East, a distance of Avenue SE, Washington, DC, between 9 airplane envelope while operating in ice
60.74 feet along said right-of-way line to a.m. and 5 p.m., Monday through crystal icing conditions.
a 1⁄2′ steel rebar found on the South line Friday, except Federal holidays. [FR Doc. 2018–05910 Filed 3–22–18; 8:45 am]
of the North Half of said Southeast • Fax: Fax comments to Docket BILLING CODE 4910–13–P
Quarter; thence South 88 degrees 47 Operations at 202–493–2251.
minutes 52 seconds West, a distance of
661.74 feet along said South line to the Privacy: In accordance with 5 U.S.C. DEPARTMENT OF TRANSPORTATION
Point of Beginning. Containing 3.997 553(c), DOT solicits comments from the
Acres, more or less. Subject to public to better inform its rulemaking National Highway Traffic Safety
easements of record. process. DOT posts these comments, Administration
without edit, including any personal
Issued in Des Plaines, IL, on March 15, [Docket No. NHTSA–2015–0104, Notice 3]
2018. information the commenter provides, to
Deb Bartell,
http://www.regulations.gov, as Decision That Nonconforming Model
described in the system of records Year 2013–2014 Ferrari F12 Berlinetta
Manager, Chicago Airports District Office,
FAA, Great Lakes Region. notice (DOT/ALL–14 FDMS), which can Passenger Cars Are Eligible for
[FR Doc. 2018–05888 Filed 3–22–18; 8:45 am]
be reviewed at http://www.dot.gov/ Importation
privacy.
BILLING CODE 4910–13–P AGENCY: National Highway Traffic
Docket: Background documents or Safety Administration (NHTSA),
comments received may be read at Department of Transportation (DOT).
DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time.
ACTION: Grant of petition.
Follow the online instructions for
Federal Aviation Administration accessing the docket or go to the Docket SUMMARY: This document announces a
[Summary Notice No. PE–2018–19] Operations in Room W12–140 of the decision by the National Highway
West Building Ground Floor at 1200 Traffic Safety Administration that
Petition for Exemption; Summary of New Jersey Avenue SE, Washington, certain Model Year (MY) 2013–2014
Petition Received; The Boeing DC, between 9 a.m. and 5 p.m., Monday Ferrari F12 Berlinetta passenger cars
Company through Friday, except Federal holidays. (PCs) that were not originally
AGENCY: Federal Aviation manufactured to comply with all
FOR FURTHER INFORMATION CONTACT:
Administration (FAA), DOT. applicable Federal Motor Vehicle Safety
Michael Harrison, AIR–673, Federal
ACTION: Notice of petition for exemption Standards (FMVSS) are eligible for
Aviation Administration, 2200 S 216th
received. importation into the United States
Street, Des Moines, WA 98198, phone
because they are substantially similar to
206–231–3368, email michael.harrison@
SUMMARY: This notice contains a vehicles originally manufactured for
summary of a petition seeking relief faa.gov; or Alphonso Pendergrass, importation into and sale in the United
ARM–200, Office of Rulemaking,
amozie on DSK30RV082PROD with NOTICES
from specified requirements of Federal States that were certified by their
Aviation Regulations. The purpose of Federal Aviation Administration, 800 manufacturer as complying with the
this notice is to improve the public’s Independence Avenue SW, Washington, safety standards (the U.S.-certified
awareness of, and participation in, the DC 20591, phone 202–267–4713, email version of the MY 2013–2014 Ferrari
FAA’s exemption process. Neither Alphonso.Pendergrass@faa.gov. F12 Berlinetta PC), and they are capable
publication of this notice nor the This notice is published pursuant to of being readily altered to conform to
inclusion or omission of information in 14 CFR 11.85. the standards.
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![Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices 12843
verification, which will consist of NHTSA has decided that each DEPARTMENT OF THE TREASURY
copies of purchase invoices and a conformity package must include a
detailed description of the occupant detailed description of all modifications Office of the Comptroller of the
protection system in place on the made to achieve conformity with this Currency
vehicle at the time it was delivered to standard and that all newly installed
the RI. The RI must also provide a Agency Information Collection
and replaced components must be U.S.-
similarly detailed description of the Activities: Information Collection
conforming model Ferrari replacement
occupant protection system in place Renewal; Comment Request; Appraisal
components, provided that the non-U.S. Management Companies
after the vehicle is altered, including vehicles were manufactured with
photographs of all required labeling. mounting anchorages that are identical AGENCY: Office of the Comptroller of the
The descriptions must include assembly to those on the U.S.-certified vehicles. Currency (OCC), Treasury.
diagrams and associated part numbers This description must include part ACTION: Notice and request for comment.
for all components that were removed
number verification for each part
from and installed on the vehicle, and SUMMARY: The OCC, as part of its
replaced, copies of purchase invoices,
descriptions of how the programming continuing effort to reduce paperwork
changes were completed and how and photographic evidence of the
and respondent burden, invites the
compliance was verified. Additionally, modifications made to achieve
general public and other Federal
photographs (e.g., screenshots) or report conformity.
agencies to take this opportunity to
printouts, as practicable, must be In addition to the information comment on a continuing information
submitted as proof that the specified above, each conformity collection as required by the Paperwork
reprogramming was carried out package must include evidence showing Reduction Act of 1995 (PRA). In
successfully. Proof in the form of test how the RI verified that the changes accordance with the requirements of the
results that, as altered, the vehicle they made in loading or reprograming PRA, the OCC may not conduct or
conforms to child protection vehicle software to achieve conformity sponsor, and the respondent is not
requirements, passenger out of position, with each separate FMVSS, did not also required to respond to, an information
unbelted occupant, and telltale cause the vehicle to fall out of collection unless it displays a currently
requirements of FMVSS No. 208 after compliance with any other applicable valid Office of Management and Budget
the replacement parts and software FMVSS. (OMB) control number.
updates are installed. The OCC is soliciting comment
FMVSS No. 225, Child Restraint Decision concerning the renewal of its
Anchorage Systems; FNA commented information collection titled, ‘‘Appraisal
that while G&K correctly summarized Accordingly, on the basis of the Management Companies.’’
that they will need to add the foregoing, NHTSA hereby decides that
DATES: You should submit written
appropriate child restraint anchorage, MY 2013–2014 Ferrari F12 Berlinetta
comments by May 22, 2018.
this summary unduly minimizes the passenger cars that were not originally
ADDRESSES: Because paper mail in the
expense and potential difficulties of manufactured to comply with all
applicable FMVSS, are substantially Washington, DC area and at the OCC is
said installation. Specifically, FNA subject to delay, commenters are
states that installation will require similar to MY 2013–2014 Ferrari F12
encouraged to submit comments by
replacement of upholstery, and that the Berlinetta passenger cars manufactured
email, if possible. You may submit
screw holding the anchorage must be for importation into and/or sale in the comments by any of the following
tightened to a precisely-defined torque. United States, and certified under 49 methods:
G&K responded by asserting that they U.S.C. 30115, and are capable of being • Email: prainfo@occ.treas.gov.
have the necessary experience to install readily altered to conform to all • Mail: Legislative and Regulatory
such an anchorage in a vehicle. applicable Federal Motor Vehicle Safety Activities Division, Office of the
NHTSA has decided that each Standards. Comptroller of the Currency, Attention:
conformity package must include 1557–0324, 400 7th Street SW, Suite
photographic evidence that the required Vehicle Eligibility Number for Subject
3E–218, Washington, DC 20219.
Vehicles
anchorage has been installed in each • Hand Delivery/Courier: 400 7th
imported vehicle, and include a The importer of a vehicle admissible Street SW, Suite 3E–218, Washington,
description of how the RI accomplished under any final decision must indicate DC 20219.
proper torqueing of the anchorage
on the form HS–7 accompanying entry • Fax: (571) 465–4326.
screw. Instructions: You must include
the appropriate vehicle eligibility
FMVSS No. 301 Fuel System Integrity; ‘‘OCC’’ as the agency name and ‘‘1557–
number indicating that the vehicle is
FNA stated that the modifications to the 0324’’ in your comment. In general, the
eligible for entry. VSP–594 is the
fuel system that G&K identified in their OCC will publish them on
petition may overlook reinforcements vehicle eligibility number assigned to
www.reginfo.gov without change,
that have been provided for U.S.- vehicles admissible under this notice of including any business or personal
certified vehicles to limit the movement final decision. information that you provide, such as
of the gearbox in rear-end collisions as Authority: (49 U.S.C. 30118, 30120: name and address information, email
a means of preventing its impact with delegations of authority at 49 CFR 1.95 and addresses, or phone numbers.
the fuel tank. 501.8). Comments received, including
amozie on DSK30RV082PROD with NOTICES
G&K responded by reiterating that attachments and other supporting
Michael Cole,
they will inspect each individual materials, are part of the public record
vehicle for compliance with this Acting Director, Office of Vehicle Safety and subject to public disclosure. Do not
standard, and that they will install Compliance. include any information in your
additional brackets behind the gearbox [FR Doc. 2018–05917 Filed 3–22–18; 8:45 am] comment or supporting materials that
similar to those found in U.S.-certified BILLING CODE 4910–59–P you consider confidential or
vehicles as necessary. inappropriate for public disclosure.
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Document Created: 2018-11-01 08:54:23
Document Modified: 2018-11-01 08:54:23
| 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 March 20, 2018. | |
| Contact | George Stevens, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5308. | |
| FR Citation | 83 FR 12841 |
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