Decision That Certain Nonconforming Model Year 1996 and 1997 Ferrari F50 Passenger Cars Are Eligible for Importation, 17517-17518 [2017-07161]

Download as PDF Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that MBUSA no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after MBUSA notified them that the subject noncompliance existed. 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. 2017–07167 Filed 4–10–17; 8:45 am] BILLING CODE 4910–59–P 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 National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: srobinson on DSK5SPTVN1PROD with NOTICES VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 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 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: SUMMARY: Background 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 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 17517 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. E:\FR\FM\11APN1.SGM 11APN1 17518 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Notices 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2016–0117; Notice 1] General Motors, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: General Motors, LLC (GM), has determined that certain model year (MY) 2016–2017 Cadillac CT6 motor vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. GM filed a noncompliance report dated October 26, 2016. GM also petitioned NHTSA on November 18, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is May 11, 2017. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this srobinson on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:18 Apr 10, 2017 Jkt 241001 notice and submitted by any of the following methods: • Mail: Send comments by mail addressed to U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver comments by hand to U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) Web site at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. 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 comments you have submitted by mail 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. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at https:// www.regulations.gov by following the online instructions for accessing the dockets. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000, (65 FR 19477–78). PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: I. Overview: General Motors, LLC (GM), has determined that certain model year (MY) 2016–2017 Cadillac CT6 vehicles do not fully comply with paragraph S7.8.13 of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices, and Associated Equipment. GM filed a defect report dated October 26, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. GM also petitioned NHTSA on November 18, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety. This notice of receipt of GM’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. II. Vehicles Involved: Approximately 12,475 MY 2016–2017 Cadillac CT6 vehicles manufactured between September 4, 2015, and October 18, 2016, are potentially involved. III. Noncompliance: GM explains that the noncompliance is that the software in the subject vehicles’ Park/Position lamp’s electronic control unit (ECU) was programmed incorrectly, causing the ECU to misinterpret the signals from the vehicle’s body control module (BCM). This results in higher than expected light output that may exceed the maximum values permitted in paragraph S7.8.13 of FMVSS No. 108. Specifically, the nine failed test points exceeded the maximum allowed value by 2.3% to 74.8%. Eight of the nine failed test points exceeded the maximum allowed value by 25%. IV. Rule Text: Paragraph S7.8.13 of FMVSS No. 108 states: S7.8.13 Photometry. Each parking lamp must be designed to conform to the photometry requirements of Table XIV, when tested according to the procedure of S14.2.1, as specified by this section. . . Table XIV specifies various minimum and maximum photometric intensity requirements for parking lamps at specified test points. V. Summary of GM’s Petition: GM described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, GM submitted the following reasoning: (a) The subject vehicles’ parking lampheadlamp combination does not exceed the maximum permitted glare values for headlamps specified in FMVSS No. 108: E:\FR\FM\11APN1.SGM 11APN1

Agencies

[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17517-17518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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