[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Notices]
[Pages 17479-17482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8621]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-9630; Notice 2]


Decision That Nonconforming 2001 Ferrari 550 Passenger Cars Are 
Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 2001 Ferrari 550 
passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 2001 Ferrari 
550 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 
2001 Ferrari 550), and they are capable of being readily altered to 
conform to the standards.

DATE: This decision is effective as of the date of its publication in 
the Federal Register.

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. Technologies of Baltimore, Maryland (``J.K.'') (Registered 
Importer 90-006) petitioned NHTSA to decide whether 2001 Ferrari 550 
Passenger cars are eligible for importation into the United States. 
NHTSA published notice of the petition on May 21, 2001 (66 FR 28025) to 
afford an opportunity for public comment. The reader is referred to 
that notice for a description of the petition. The notice stated that 
the closing date for comments was June 20, 2001. The agency published 
on July 26, 2001 (66 FR 39081) notice that it was extending the comment 
period until August 10, 2001, based on requests that it had received 
from Fiat Auto R&D U.S.A., a division of Alfa Romeo, Inc., and Ferrari 
North America Inc.
    Twenty-one comments were submitted in response to the notice of 
petition. Nineteen of these supported the granting of the petition. One 
comment, from an individual identifying himself as ``James A. Linder'' 
and stating that he represented the ``Original Automobile 
Manufacturer's Association'' of Concord, New Hampshire, which the 
agency has learned is a fictitious entity, raised general objections 
concerning the registered importer program and its impact on 
fabricating manufacturers, but did not directly address the subject of 
the petition-- whether non-U.S. certified 2001 Ferrari 550 passenger 
cars are eligible for importation. As a consequence, the agency is not 
responding to this comment in this notice.
    The remaining comment was from Ferrari North America, Inc. 
(``Ferrari''), the United States representative of Ferrari SpA, the 
manufacturer of the 2001 Ferrari 550. In its comment, Ferrari addressed 
the conformity status of the non-U.S. certified 2001 Ferrari 550 with, 
or its capability to be conformed to, the following standards: Federal 
Motor Vehicle Safety Standard (``FMVSS'') Nos. 108, Lamps, Reflective 
Devices, and Associated Equipment; 118, Power-Operated Window Systems; 
208,

[[Page 17480]]

Occupant Crash Protection; 214, Side Impact Protection; 216, Roof Crush 
Resistance; 225, Child Restraint Anchorage Systems; 301, Fuel System 
Integrity; and the Bumper Standard found in 49 CFR part 581. After 
receiving this comment, NHTSA accorded J.K. an opportunity to comment 
upon the issues that Ferrari had raised. Ferrari's comments with 
respect to each of the standards at issue are set forth below, together 
with J.K.'s response to those comments and NHTSA's analysis of the 
matters in contention between the two. The agency's analysis is based 
on the contents of the petition, and on the comments submitted by J.K. 
and Ferrari. In addition, to assist the agency's analysis, NHTSA 
representatives examined a U.S.-certified version of the 2001 Ferrari 
550 at a Ferrari dealership in Sterling, Virginia, and a non-U.S. 
certified version of the vehicle at J.K.'s facility in Baltimore, 
Maryland. Ferrari's comments, J.K.'s response, and NHTSA's analysis are 
separately stated below for each of the standards at issue.

1. FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment

    Ferrari stated that turn signal lamps are required by the standard 
to be located as far apart as practicable. Ferrari further stated that 
it has been informed by one of its dealerships that J.K. has not met 
this requirement in the past because the turn signal lamps on vehicles 
that it has altered are not placed at the outermost portion of the rear 
tail lamp assemblies.
    J.K. claimed that the tail lamps on the non-U.S. certified 2001 
Ferrari 550 meet the requirements of the standard. According to J.K., 
the signal lamps are located in the center of the rear stop lamp 
assembly that is mounted at the edge of the vehicle, and the turn 
signal lamp is 1.25 inches from the edge of the vehicle. J.K. believes 
that the phrase ``as far apart as practicable'' in the standard refers 
to the assembly and not to the lamp. J.K. also stated that the tail 
lamp assemblies on both the U.S. certified and the non-U.S. certified 
versions of the vehicle are the same and that the non-U.S. certified 
vehicles would be rewired to operate in the same manner as their U.S.-
certified counterparts.
    Analysis: The requirement in the standard for the mounting of lamps 
and reflectors as far apart as practicable applies to all of the lamps 
and reflectors that are mounted on the vehicle. The agency recognizes 
that it would be impractical to mount all of these components on a 
vertical line at the outer edge of the vehicle. Moreover, it was not 
the intent of the standard to be that design restrictive.
    Addressing the comments, the agency notes that Ferrari did not 
state that the rear stop lamp assemblies on non-U.S. certified 2001 
Ferrari 550 vehicles do not meet the requirements of FMVSS No. 108, but 
only made an observation regarding the conformity status of other 
vehicles that J.K. has modified. That observation is not germane to the 
matter at issue--whether the non-U.S. certified 2001 Ferrari 550 is 
capable of being readily modified to conform to the standard. The 
agency notes that J.K. has stated that it would modify the tail lamp 
assembly wiring on the non-U.S. certified 2001 Ferrari 550 so that the 
tail lamps will operate in the same manner as those on the U.S.-
certified version of the vehicle and Ferrari has not taken issue with 
this assertion. The agency has therefore concluded that the non-U.S. 
certified 2001 Ferrari 550 is capable of being readily modified to 
comply with FMVSS No. 108.

2. FMVSS No. 118, Power-Operated Window Systems

    Ferrari acknowledged that J.K. recognizes that the power window 
system must be modified so that it will not operate when the ignition 
is in the ``off'' position. Ferrari again stated that it had been 
informed by one of its dealers that other vehicles modified by J.K. 
were not in compliance with this requirement.
    J.K. stated that it would add a relay to the power window system so 
that the power windows will not operate when the ignition switch is in 
the ``off'' position.
    Analysis: Ferrari in essence concedes that non-U.S. certified 2001 
Ferrari 550 vehicles can be modified to meet the standard. Ferrari's 
expressed concerned that J.K. may not actually perform this 
modification on a given vehicle is not germane to the issue of whether 
the non-U.S. certified 2001 Ferrari 550 is capable of being readily 
modified to meet this standard. Since no information has been provided 
to the contrary, NHTSA has concluded that the vehicle is capable of 
being so modified.

3. FMVSS No. 208, Occupant Crash Protection

    Ferrari stated that both the air bags and the electronic control 
unit must be replaced on the non-U.S. certified 2001 Ferrari 550 to 
bring these vehicles into compliance with the standard. Ferrari also 
stated that U.S. certified and non-U.S. certified versions of the 
vehicle have different bumper systems and different curb weights. 
Ferrari indicated that these factors might affect the non-U.S. 
certified vehicle's compliance with FMVSS No. 208.
    J.K. stated that it would inspect all vehicles and replace all 
parts of the automatic and manual occupant restraint systems that do 
not bear U.S. part numbers, including the steering wheel, seat belts, 
air bags, air bag sensors, wiring, and knee bolsters. In addition, J.K. 
stated that it would replace all of the non-U.S. bumper parts on the 
non-U.S. certified 2001 Ferrari 550 with U.S. model components to make 
the bumper system identical to that on the U.S. certified version of 
the vehicle.
    Analysis: J.K. stated that it would examine all restraint and 
bumper system components on the non-U.S. certified 2001 Ferrari 550 and 
replace those that are not identical to U.S.-model parts. J.K.'s list 
of restraint system components that it would examine is larger than the 
list of components that Ferrari stated would be necessary to replace. 
Following the modifications outlined by J.K., the non-U.S. certified 
2001 Ferrari 550 will be essentially the same as the U.S. certified 
version of the vehicle with respect to the manual and automatic 
restraint systems and the bumper system.
    With regard to Ferrari's concern that the non-U.S. certified 2001 
Ferrari 550 is lighter than its U.S. certified counterpart, the agency 
has taken note of the type of testing conducted by Ferrari SpA to 
certify these vehicles to FMVSS No. 208. Ferrari informed the agency 
that the U.S. certified 2001 Ferrari 550 was certified to FMVSS No. 208 
using the sled test option (paragraph S13) of the standard. With 
respect to that test, the primary components that affect compliance are 
the air bags, the components that support the air bags such as the 
steering column and the dash, and the seats. Since this is not a crash 
test and since the test protocol calls for the laboratory to fire the 
bags at a particular point in time, the vehicle structure, the test 
weight, the bumpers, and even the electronic control module do not 
affect the test results or this part of the certification.
    In addition to the unbelted sled test, the vehicle is also required 
to pass a 30 m.p.h. rigid barrier impact test with belted dummies. In 
this test environment, a lighter vehicle will create less impact energy 
than a heavier vehicle. It is difficult to believe that a differential 
of less than 4 percent in vehicle weight will have a significant effect 
on the response of the vehicle structure and/or the vehicle restraint 
systems.

[[Page 17481]]

    Based on these considerations, the agency has concluded that if all 
non-U.S. model restraint and bumper system components on the non-U.S. 
certified 2001 Ferrari 550 are replaced with U.S.-model components, as 
J.K. stated it plans to do, those vehicles will comply with FMVSS No. 
208. On this basis, the agency has concluded that the non-U.S. 
certified 2001 Ferrari 550 is capable of being readily modified to 
conform to the standard.

4. FMVSS No. 214, Side Impact Protection.

    Ferrari stated that non-U.S. certified 2001 Ferrari 550 vehicles 
``do not contain side intrusion bars, and have not been certified to 
meet FMVSS 214.'' During their visit to the Ferrari dealership in 
Sterling, Virginia, the NHTSA representatives were shown the door beam 
in a U.S. certified 2001 Ferrari 550 Maranello coupe. The beam cross-
section was a rectangular shape with the top and bottom of the beam 
shaped as a semi-circle. Towards the front of the vehicle, the beam was 
welded along its upper and lower edges to the door structure that faced 
the outer door skin. Ferrari pointed out that this would be a difficult 
weld to perform without removing the outer door skin.
    J.K. claimed that all non-U.S. certified 2001 Ferrari 550 vehicles 
that it has inspected have door beams that were installed during the 
manufacturing process. J.K. further indicated that all non-U.S. 
certified 2001 Ferrari 550 vehicles would be inspected for compliance 
with Standard No. 214, and that any doors lacking door beams would be 
replaced with U.S.-model components.
    Analysis: During their visit to J.K.'s facility, the NHTSA 
representatives were shown a Ferrari 550 Barchetta 5SP that was 
represented by J.K., in writing, to have been certified for the German 
market. The first 11 characters of the vehicle's VIN were ZFFZR52B000. 
The interior door trim had been removed from the driver's door, 
revealing a reinforcement bar that had been welded in place. This bar 
and the weld pattern that attached the bar to the door frame appeared 
to be the same as the bar and weld pattern the NHTSA representatives 
had observed on the U.S. certified 2001 Ferrari 550 they were shown at 
the Ferrari dealership in Sterling, Virginia. More specifically, the 
bars in the two vehicles had the same cross-section shape, and were the 
same width. Ferrari had stated that the only way the bars could be 
welded onto the door frame at the front of the door is with the door 
outer skin sheet metal removed. The welds along the bar in this region 
appeared to be the same on both versions of the vehicle. Based on these 
circumstances, the bar in the non-U.S. certified vehicle was apparently 
placed in the door during construction of the door.
    From NHTSA's inspection of a non-U.S. certified 2001 Ferrari 550 at 
J.K.'s facilities, it is clear that at least some non-U.S. versions of 
the vehicle were manufactured with door beams. J.K. has further stated 
that if it receives a vehicle with a door that lacks a door beam, it 
would replace the door with a U.S.-model door. Based on these 
considerations, the agency has concluded that non-U.S. certified 2001 
Ferrari 550 vehicles are capable of being readily modified to comply 
with FMVSS No. 214.

5. FMVSS No. 216, Roof Crush Resistance.

    Ferrari stated that the U.S. certified 2001 Ferrari 550 has a 
different roof frame than the non-U.S. certified version of the 
vehicle. According to the company, the U.S. certified version is 
reinforced around the windshield opening to assure compliance with 
FMVSS No. 216. Ferrari asserted that in order to install a U.S.-model 
roof frame, ``the importer would have to remove the existing roof and 
pillars back to the C Pillar and replace them with U.S. spec'd parts.''
    During their visit to the Ferrari dealership in Sterling, Virginia, 
the NHTSA representatives were shown a frame member that the Ferrari 
representatives claimed is not present in non-U.S. certified versions 
of the 2001 Ferrari 550. The component consisted of a single cross-
member that crosses the roof directly behind the initial header cross-
member.
    J.K. showed the agency representatives, during their visit to its 
facility, a part that it manufactured to attach to the roof structure 
of the non-U.S. certified 2001 Ferrari 550. A J.K. representative 
demonstrated how this part will slide into place between the roof and 
the existing header cross-member and attach to the existing roof 
structure. J.K. further described in one of its submissions to the 
agency the process it would use to install the additional roof 
structural member.
    Analysis: Both Ferrari and J.K. are in agreement that the U.S. 
certified 2001 Ferrari 550 is manufactured with an additional roof 
structural member. Therefore, the agency's analysis must address two 
questions. The first is whether J.K.'s proposed modification will 
assure compliance with the requirements of the standard. The second is 
whether that proposed modification is capable of being readily 
performed.
    Under the FMVSS No. 216 test procedure, the loading plate places a 
load on a vehicle at the intersection of the A pillar, the windshield 
header, and the roof rail. The resultant forces from the load plate 
compress the windshield (which, because it consists of glass, is very 
resistant to compression) and the A pillar. The rest of the load is 
directed into the roof rail and across the windshield header cross-
member. The agency is not certain what function is served by the 
additional cross-member in the roof of the U.S. certified 2001 Ferrari 
550. One function it may serve is to reduce the twist of the header/
roof rail rectangle. Nevertheless, since the additional cross-member 
that J.K. is planning to install will be the same shape as, and be 
somewhat stronger than, the U.S.-model part, the agency concludes it 
will accomplish the same task as that component. The agency has 
therefore concluded that if the U.S. certified 2001 Ferrari 550 is in 
compliance with FMVSS No. 216, a vehicle modified as proposed by J.K. 
will also be in compliance with the standard.
    With respect to the difficulty of installing this additional cross-
member, J.K. demonstrated that there is a space between the roof skin 
and the back end of the cross-member that is presently installed in 
non-U.S. certified vehicles. J.K. plans to slide its additional cross 
member into this space and weld it in place. Because this appears to be 
a straightforward operation, the agency has concluded that the non-U.S. 
certified 2001 Ferrari 550 is capable of being readily modified to 
comply with FMVSS No. 216.

6. FMVSS No. 225, Child Restraint Anchorage Systems

    In its comments, Ferrari noted that the openings for the mounting 
of components on the rear frames of the U.S.-certified and non-U.S. 
certified versions of the 2001 Ferrari 550 are identical. The company 
stated, however, that only U.S. and Canadian certified vehicles are 
fitted with top tether anchorages for child restraints. During the 
agency's visit to the Ferrari dealership, the Ferrari representatives 
asserted that in order to install the anchorages behind the passenger 
seat, reinforcements to the chassis must be added. They pointed to an 
aluminum beam that ran behind the seats that they stated must be welded 
into the vehicle.
    J.K. stated that both the U.S.-certified and the non-U.S. certified 
versions of the vehicle have the same rear frame, including the beam in 
question, and that

[[Page 17482]]

it intends to install the U.S.-model anchorage part on the rear frame 
of the non-U.S. certified vehicles. At J.K.'s facility, the agency's 
representatives were shown a U.S.-model tether anchorage. The anchorage 
attached to the rear beam by two bolts.
    Analysis: In view of Ferrari's concession that there are openings 
for mounting the tether anchorage on the rear frame of the non-U.S. 
certified 2001 Ferrari 550, the agency has concluded that these 
vehicles can be readily modified to comply with FMVSS No. 225.

7. FMVSS No. 301, Fuel System Integrity.

    Ferrari pointed out a number of differences between the fuel 
systems of the U.S. certified and the non-U.S. certified 2001 Ferrari 
550 vehicles during the NHTSA representatives' visit to the Ferrari 
dealership in Sterling, Virginia. Those differences were:
    1. The charcoal canister in the U.S. certified vehicle is larger 
than the one installed in the non-U.S. certified vehicle and is located 
in the rear of the vehicle near the fuel tank rather than under the 
hood.
    2. The vehicle trunk area in the U.S. certified vehicle was 
modified to allow for the charcoal canister and a different volume fuel 
tank.
    3. The fuel filler neck and pipes in the two versions of the 
vehicle are different.
    4. The rollover valves are also different.
    5. Two bars were added to the rear structure in the U.S. certified 
version to assure the positioning of the fuel tank and to protect the 
tank during side impacts. Ferrari expressed the opinion that a U.S.-
model tank could not be installed in a non-U.S. certified vehicle 
because the frame supports are different.
    6. A temperature sensor and heat exchanger were inserted into the 
fuel tank fuel line in the U.S. certified vehicle. A port for the 
temperature sensor is not supplied on the non-U.S.-model tank.
    7. A spill back valve was placed in the fuel filler pipes in the 
U.S. certified vehicle.
    8. All wiring in the U.S. certified vehicle is different from that 
in the non-U.S. certified vehicle to accommodate the additional 
sensors.
    J.K. stated that the non-U.S. certified 2001 Ferrari 550, as 
delivered from Europe, will meet the requirements of FMVSS No. 301, but 
will not meet current Environmental Protection Agency (EPA) 
regulations. To bring these vehicles into compliance with the EPA 
regulations, J.K. stated that the vehicles ``must have the stock US gas 
tank, fuel lines, fuel coolers, the filler neck, rollover valve, fuel/
vapor (disaerator) separator including the vapor lines and evaporative 
canister installed to make them identical to the US model.'' J.K. 
further asserted that ``[t]hese parts [will be] installed in the stock 
locations using the stock mounts that are already in the frame.''
    Analysis: J.K. states that it would replace all non-U.S. model fuel 
system parts that are different from U.S.-model parts to satisfy the 
EPA performance regulations, using attachment holes that are provided 
on the vehicle frame. Ferrari acknowledges that the frames and mounting 
holes are the same for both the U.S. certified and the non-U.S. 
certified versions of the vehicle, with the exception of two brackets 
that are used to attach the U.S.-model fuel tank to the vehicle frame. 
After being apprised of this statement, J.K. furnished the agency with 
photographs of a non-U.S. certified vehicle that has these brackets 
attached.
    Based on the following considerations, the agency has concluded 
that the non-U.S. certified 2001 Ferrari 550 is capable of being 
readily modified to comply with FMVSS No. 301:
    1. The rear frames on U.S. certified and the non-U.S. certified 
versions of the vehicle are the same.
    2. These frames have mounting brackets and holes to accommodate 
both U.S. and non-U.S.-model fuel system components.
    3. Specific fuel lines are specified for U.S. model vehicles, and 
therefore fuel lines cannot be randomly attached to the frame.
    4. In order to meet the EPA regulations, the fuel system in the 
non-U.S. certified vehicle must be modified to be essentially the same 
as the system on the U.S. certified vehicle.

7. 49 CFR Part 581, Bumper Standard

    Ferrari asserted that the bumpers are very different on the U.S. 
certified and the non-U.S. certified versions of the 2001 Ferrari 550. 
The company stated that the front bumper on the U.S. certified vehicle 
weighs 3.6 kg (7.9 lb) more than that on the non-U.S. certified 
vehicle, and that the rear bumper weighs 9.25 kg (20.4 lb) more. 
Ferrari also maintains that simple changes in the brackets that attach 
the bumpers to the vehicle frame are not sufficient to bring the 
vehicle into compliance with the Bumper Standard.
    J.K. stated that it would modify the front and rear bumper systems 
on the non-U.S. certified 2001 Ferrari 550 to make them identical to 
the bumper systems on the U.S. certified version of the vehicle.
    Analysis: Since J.K. claimed that it would replace all non-U.S.-
model bumper parts with U.S.-model parts, the agency has concluded that 
the non-U.S. certified 2001 Ferrari 550 is capable of being readily 
modified to conform to the requirements of Part 581.

Conclusion

    As detailed in the preceding discussion, J.K. has stated that, with 
the exception of a roof cross-member, it would replace, with U.S.-model 
parts, all non-U.S. model parts that are necessary to bring non-U.S. 
certified 2001 Ferrari 550 vehicles into compliance with the applicable 
Federal Motor Vehicle Safety Standards and with the Bumper Standard in 
Part 581. The agency notes that replacing the majority of these parts 
is a matter of removing the non-U.S. model part and bolting on the U.S. 
model part. J.K. has demonstrated to the agency that the roof cross-
member can be installed in a non-U.S. certified 2001 Ferrari 550 
without undue complexity.

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-377 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 2001 Ferrari 550 passenger cars that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are substantially similar to 2001 Ferrari 550 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 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-8621 Filed 4-9-02; 8:45 am]
BILLING CODE 4910-59-P