[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Pages 33577-33579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16383]


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

[[Page 33578]]


DEPARTMENT OF TRANSPORTATION
[Docket No. 96-10; Notice 2]


Decision That Nonconforming 1992 Ferrari 348TS Passenger Cars Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1992 Ferrari 
348TS passenger cars are eligible for importation.

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

SUMMARY: This notice announces the decision by NHTSA that 1992 Ferrari 
348TS passenger cars not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards are eligible for 
importation into the United States because they are substantially 
similar to a vehicle originally manufactured for importation into and 
sale in the United States and certified by its manufacturer as 
complying with the safety standards (the U.S.-certified version of the 
1992 Ferrari 348TS), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective as of June 27, 1996.

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section 
108(c)(3)(A)(i) of the National Traffic and Motor Vehicle Safety Act 
(the Act)), a motor vehicle that was not originally manufactured to 
conform to all applicable Federal motor vehicle safety standards shall 
be refused admission into the United States unless NHTSA has decided 
that the motor vehicle is substantially similar to a motor vehicle 
originally manufactured for importation into and sale in the United 
States, certified under 49 U.S.C. Sec. 30115 (formerly section 114 of 
the Act), 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 Federal motor vehicle safety standards.
    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.
    LPC of New York, Inc. of Ronkonkoma, New York (``LPC'') (Registered 
Importer R-96-100) petitioned NHTSA to decide whether 1992 Ferrari 
348TS passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on February 22, 1996 (61 
FR 6890) to afford an opportunity for public comment. As stated in the 
notice of petition, the vehicle which LPC believes is substantially 
similar is the 1992 Ferrari 348TS that was manufactured for importation 
into, and sale in, the United States and certified by its manufacturer 
as conforming to all applicable Federal motor vehicle safety standards.
    The petitioner claimed that it carefully compared the non- U.S. 
certified 1992 Ferrari 348TS to its U.S. certified counterpart, and 
found the two vehicles to be substantially similar with respect to 
compliance with most Federal motor vehicle safety standards.
    Specifically, the petitioner claimed that the non-U.S. certified 
1992 Ferrari 348TS is identical to its U.S. certified counterpart with 
respect to compliance with Standard Nos. 102 Transmission Shift Lever 
Sequence * * *, 103 Defrosting and Defogging Systems, 104 Windshield 
Wiping and Washing Systems, 105 Hydraulic Brake Systems, 106 Brake 
Hoses, 107 Reflecting Surfaces, 109 New Pneumatic Tires, 111 Rearview 
Mirrors, 113 Hood Latch Systems, 116 Brake Fluid, 118 Power Window 
Systems, 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, 209 Seat Belt Assemblies, 210 Seat 
Belt Assembly Anchorages, 211 Wheel Nuts, Wheel Discs and Hubcaps, 212 
Windshield Retention, 214 Side Impact Protection, 216 Roof Crush 
Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity, 
and 302 Flammability of Interior Materials.
    Additionally, the petitioner stated that the non-U.S. certified 
1992 Ferrari 348TS complies with the Bumper Standard found in 49 CFR 
Part 581.
    Petitioner also contended that the vehicle is capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101  Controls and Displays: (a) placement of the 
appropriate symbols on the brake failure, parking brake, and seat belt 
warming lamps; (b) replacement of the speedometer/odometer, which is 
calibrated in kilometers per hour, with a U.S.- model component 
calibrated in miles per hour.
    Standard No. 108  Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamp assemblies which 
incorporate sealed beam headlamps and front sidemarkers; (b) 
installation of U.S.-model taillamps; (c) installation of a high 
mounted stop lamp.
    Standard No. 110  Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 114  Theft Protection: installation of a warning 
buzzer in the steering lock electrical circuit.
    Standard No. 115  Vehicle Identification Number: installation of a 
VIN plate that can be read from outside the left windshield pillar, and 
a VIN reference label on the edge of the door or latch post nearest the 
driver.
    Standard No. 208  Occupant Crash Protection: installation of a seat 
belt warning buzzer. The petitioner stated that the vehicle is equipped 
with automatic seat belt assemblies that have part numbers identical to 
those on its U.S. certified counterpart.
    One comment was received in response to the notice of the petition, 
from Fiat Auto U.S.A., Inc. (Fiat), the United States representative of 
Ferrari S.p.A., the vehicle's manufacturer. In its comment, Fiat stated 
that Ferrari has invested considerable resources in the design and 
production of vehicles that comply with the Federal motor vehicle 
safety standards. Although it stated that it has not determined what 
modifications are necessary to bring a vehicle into compliance with the 
Federal safety standards, Fiat contended that it is not possible to 
achieve such compliance by simply retrofitting a vehicle built for the 
European market, without conducting extensive development and testing.
    Fiat additionally challenged the petitioner's claim that the non-
U.S. certified 1992 Ferrari 348TS is identical to its U.S. certified 
counterpart with respect to compliance with certain standards. Fiat 
disputed the petitioner's contention that the non-U.S. certified 1992 
Ferrari 348TS is equipped with automatic seat belts. Instead, Fiat 
asserted that Ferrari uses a motorized 2-point shoulder belt in 
conjunction with a manual 2-point lap belt on its U.S. certified 
vehicles, and a manual 3-point seat belt on its non-U.S. vehicles. Fiat 
characterized these two systems as being entirely distinct with respect 
to

[[Page 33579]]

their certification, labeling, and part numbers for purposes of 
Standard No. 209 compliance. Additionally, Fiat observed that non-U.S. 
certified Ferraris cannot be readily modified to comply with Standard 
No. 208. Fiat contended that ``major alterations'' would be necessary 
to achieve such compliance, including the addition of an energy-
absorbing knee bolster under the dashboard, the creation of new belt 
anchorage points to accommodate an automatic belt system, the 
modification of side members to fit motorized shoulder belt tracks, and 
the addition of a new electronic control unit and wiring for the 
automatic belt system.
    Fiat also noted that U.S. certified Ferraris have 4-point seat belt 
anchorages to comply with Standard No. 210, while the non-U.S. 
certified vehicles have 3-point anchorages. Fiat further noted that 
only the U.S. vehicles have a steel beam in the inner door and a 
stronger structure on both sides of the door to comply with Standard 
No. 214, as well as a warning buzzer to indicate that the left door is 
open. Fiat contended that it would be difficult to properly install the 
door beam and reinforce the sides of a non-U.S. certified vehicle. Fiat 
also contended that U.S. certified Ferraris have a stronger front and 
rear chassis so that they can pass front, rear, and side impact tests 
under Standard No. 301. Fiat further noted that U.S. certified Ferraris 
have unique bumpers and brackets with the strength required to pass the 
pendulum and barrier tests under the Bumper Standard.
    NHTSA accorded LPC an opportunity to respond to Fiat's comments. In 
its response, LPC noted that Ferrari from time to time, for reasons 
unknown to LPC, installs various U.S. certified components, structures, 
supports, and hardware on vehicles that are not intended for sale in 
this country. LPC stated that its petition identified the U.S. 
certified components, along with their associated structures, brackets, 
and hardware, which are either installed on the non-U.S. certified 
vehicle when originally manufactured, or that can be readily installed 
to produce a vehicle identical to the U.S. certified version.
    Specifically, LPC asserted that the non-U.S. certified 1992 Ferrari 
348TS is equipped by its manufacturer with a U.S. certified automatic 
belt system, as well as anchor points, knee bolster, and other 
components necessary to comply with Standard Nos. 208, 209, and 210. 
Additionally, LPC contended that the non-U.S. certified 1992 Ferrari 
348TS is equipped by its manufacturer with U.S. certified door 
assemblies that comply with Standard No. 214. LPC also asserted that 
the non-U.S. certified vehicle is equipped with U.S. certified front 
and rear bumpers, structures, supports, and hardware to meet the Bumper 
Standard, as well as fuel system integrity components necessary to meet 
Standard No. 301.
    NHTSA has reviewed each of the issues that Fiat has raised 
regarding LPC's petition. NHTSA believes that LPC's responses 
adequately address each of those issues. NHTSA further notes that the 
modifications described by LPC have been performed with relative ease 
on thousands of nonconforming vehicles imported over the years, and 
would not preclude the non-U.S. certified 1992 Ferrari 348TS from being 
found ``capable of being readily modified to comply with all Federal 
motor vehicle safety standards.''
    NHTSA has accordingly decided to grant the petition.

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-161 is the vehicle eligibility number assigned to vehicles 
admissible under this decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that a 1992 Ferrari 348TS not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards is substantially 
similar to a 1992 Ferrari 348TS originally manufactured for importation 
into and sale in the United States and certified under 49 U.S.C. 
Sec. 30115, and is capable of being readily altered to conform to all 
applicable Federal motor vehicle safety standards.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: June 21, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-16383 Filed 6-26-96; 8:45 am]
BILLING CODE 4910-59-P