[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Pages 64623-64624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32037]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3163]


Decision That Nonconforming 1995 Ferrari F50 Passenger Cars Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1995 Ferrari F50 
passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1995 Ferrari 
F50 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 vehicles originally manufactured for importation into and 
sale in the United States and certified by their manufacturer as 
complying with the safety standards (the U.S.-certified version of the 
1995 Ferrari F50), and they are capable of being readily altered to 
conform to the standards.

DATE: This decision is effective December 8, 1997.

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

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 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. 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 
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.
    J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer 
R-90-006) petitioned NHTSA to decide whether 1995 Ferrari F50 passenger 
cars are eligible for importation into the United States. NHTSA 
published notice of the petition on August 18, 1997 (62 FR 44030) to 
afford an opportunity for public comment. The reader is referred to 
that notice for a thorough description of the petition.
    One comment was received in response to the notice, from Fiat Auto 
U.S.A., Inc. (Fiat), the U.S. representative of Ferrari, S.p.A., the 
vehicle's manufacturer. In its comment, Fiat observed that non-U.S. 
certified 1995 Ferrari F50 passenger cars are equipped with manual 3-
point seat belts while their U.S. certified counterparts are equipped 
with motorized 2-point shoulder belts and manual 2-point lap belts. 
Fiat contended that modification of a non-U.S. certified 1995 Ferrari 
F50 for compliance with the automatic restraint requirements of Federal 
Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash 
Protection, would be very difficult, if not impossible, owing to the 
fact that the vehicle has a carbon body. Fiat additionally observed 
that the petitioner inaccurately described the vehicle as having ``rear 
belts,'' in view of the fact that it is a two seater. With respect to 
the requirements of FMVSS No. 210, Seat Belt Assembly Anchorages, Fiat 
claimed that non-U.S. certified 1995 Ferrari F50 passenger cars have 3-
point anchorages, while their U.S. certified counterparts have 4-point 
anchorages. Addressing the requirements of FMVSS No. 214, Side Impact 
Protection, Fiat contended that U.S. certified 1995 Ferrari F50 
passenger cars have a steel beam inside their doors that cannot be 
simply added to the non-U.S. certified version of the vehicle.
    NHTSA afforded J.K. an opportunity to respond to Fiat's comments. 
With respect to Fiat's comments regarding FMVSS No. 208 and 210 
compliance issues, J.K. responded that the automatic belt system that 
is supplied on the U.S. certified 1995 Ferrari F50 bolts on to existing 
mounts that are on the seats and door frames of the non-U.S. certified 
version of the vehicle. J.K. additionally acknowledged that the 
reference to rear seat belts in the petition was in error since the 
1995 Ferrari F50 has no rear seat. With respect to the FMVSS No. 214 
compliance issue raised by Fiat, J.K. stated that the door beams in the 
U.S. certified 1995 Ferrari F50 are bolt-on components that can be 
easily installed on the non-U.S. certified version of the vehicle 
without the need for fabrication or welding.
    NHTSA has reviewed each of the issues that Fiat has raised 
regarding J.K.'s petition. NHTSA believes that J.K.'s responses 
adequately address each of those issues. NHTSA further notes that the 
modifications described by J.K. are consistent with its finding that a 
non-U.S. certified 1995 Fiat F50 is ``capable of being readily altered 
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-226 is the eligibility number assigned to vehicles admissible under 
this decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1995 Ferrari F50 passenger cars not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards are 
substantially similar to 1995 Ferrari F50 passenger cars originally 
manufactured for importation into and 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.

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


[[Page 64624]]


    Issued on: December 2, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-32037 Filed 12-5-97; 8:45 am]
BILLING CODE 4910-59-P