[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Notices]
[Pages 17483-17486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8622]



[[Page 17483]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-9628; Notice 2]


Decision That Nonconforming 2001 Ferrari 360 Passenger Cars are 
Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 2001 Ferrari 360 
passenger cars are eligible for importation.

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

DATES: 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 360 
Passenger cars are eligible for importation into the United States. 
NHTSA published notice of the petition on May 21, 2001 (66 FR 28020) 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 360 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 360. In its comment, Ferrari addressed 
the conformity status of the non-U.S. certified 2001 Ferrari 360 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; 
201, Occupant Protection in Interior Impacts; 208, Occupant Crash 
Protection; 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 
360 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 360 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 360 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

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at issue--whether the non-U.S. certified 2001 Ferrari 360 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 360 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 
360 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 360 vehicles can be modified to meet the standard. Ferrari's 
expressed concern 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 360 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. 201, Occupant Protection in Interior Impacts

    Ferrari stated that the non-U.S. certified 2001 Ferrari 360 vehicle 
has not been certified to the upper interior component requirements of 
the standard. It claimed that 16 interior trim components would have to 
be replaced to bring the non-U.S. certified version into compliance.
    J.K. responded that it would inspect the interiors of all incoming 
vehicles and, if necessary, change upper interior parts to U.S.-model 
components. J.K. submitted a parts list for the occupant compartment 
interior that identifies parts that are ``valid'' for U.S. vehicles.
    Analysis: While examining the U.S. certified 2001 Ferrari 360 at 
the Ferrari dealership in Sterling, Virginia, the agency's 
representatives were told that only the interior occupant compartment 
padding components were different between the U.S. certified and the 
non-U.S. certified versions of the vehicle. The company's 
representatives also stated that the metal under the trim in the 
occupant compartment is the same for both versions. Therefore, changing 
the trim components of the occupant compartment would bring the non-
U.S. certified version of the vehicle into compliance. J.K. appears to 
have identified these trim components. On the basis of these factors, 
the agency has concluded that non-U.S. certified 2001 Ferrari 360 
vehicles can be readily modified to comply with the standard.

4. FMVSS 208, Occupant Crash Protection

    Ferrari stated that the seat belt retractors in the non-U.S. 
certified version of the vehicle are not designed to accommodate child 
safety seats. Ferrari also pointed out that the bumpers on the non-U.S. 
certified version are different from those on the U.S. certified 
version. In addition, Ferrari noted that the U.S. certified vehicle is 
heavier than the non-U.S. certified vehicle. Ferrari stated that these 
two factors might affect compliance with the 30 m.p.h. rigid barrier 
belted dummy test requirement of the standard.
    J.K. stated that it would examine the seat belts on all vehicles 
and change those that do not have the same part numbers and labels as 
found on U.S. certified vehicles. J.K. also conducted tests and 
furnished the agency with test data that, it asserted, demonstrated 
that a vehicle equipped with its modified bumpers will meet the 
requirements of the Bumper Standard, as found in 49 CFR part 581. This 
is discussed further below.
    Analysis: Based on the data associated with vehicle weight 
submitted by Ferrari, the difference in curb weight between a U.S. and 
a non-U.S. certified version of the vehicle will be less than four 
percent. After the non-U.S. certified vehicle is modified, the 
difference in weight will be even smaller. J.K. has submitted test data 
that indicates that it is capable of bringing the non-U.S. certified 
vehicle's bumpers into compliance with part 581. This indicates that 
once the bumpers on the non-U.S. certified version of the vehicle are 
modified, they will provide a similar amount of crush resistance to 
that provided by the bumpers on the vehicle's U.S.-certified 
counterpart. The agency believes that the small difference between the 
bumper designs and the vehicle curb weights will not have a significant 
affect on the belted test dummies during 30 m.p.h. rigid barrier impact 
tests. Based on these factors, and J.K.'s statement that it would 
replace the seat belts on non-U.S. certified versions of the 2001 
Ferrari 360 with U.S.-model belts, the agency has concluded that these 
vehicles can be readily modified to comply with FMVSS No. 208.

5. 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 360 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 
explained 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 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 360, the agency has concluded that these 
vehicles can be readily modified to comply with FMVSS No. 225.

6. 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 
360 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 charcoal canister in non-U.S. certified vehicle and is located 
on the left side of the vehicle rather than the right side. The 
canister is placed very near the rear bumper.
    2. An air pump was added to the U.S. certified vehicle and placed 
adjacent to the large charcoal canister.
    3. The left and right fuel tanks in the U.S. certified vehicle are 
different from those in the non-U.S. certified vehicle.

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Each U.S.-model tank is 1\1/2\ to 2 liters smaller than the non-U.S. 
model.
    4. The fuel filler necks are of a different design and material 
composition in the two vehicles.
    5. The rollover valves in the U.S. certified and non-U.S. certified 
vehicles are different and are mounted in different places on the 
vehicles.
    6. There are 105 parts related to the fuel system that are 
different in the U.S. certified and the non-U.S. certified vehicles. 
Ferrari asserted that these parts must be replaced to bring the non-
U.S. certified vehicle into compliance with FMVSS No. 301.
    7. The electrical wiring in the U.S. certified and non-U.S. 
certified vehicles is different in that more sensors are installed on 
the U.S. certified model.
    8. The aluminum frame is the same on both versions of the vehicle, 
but an additional frame or frame members were added to the U.S. 
certified version.
    9. The exhaust pipes and catalytic converters are different on the 
U.S. certified and non-U.S. certified vehicles.
    After the agency brought these issues to J.K.'s attention, the 
company responded that it would change the fuel/vapor separator, 
rollover valve, filler neck, vapor lines, evaporative (charcoal) 
canister, air pump, and associated hardware on non-U.S. certified 
versions of the vehicle to make them identical to those in the U.S. 
certified version. J.K. further asserted that the U.S.-model fuel tanks 
are the same as the non-U.S. model tanks with the exception of the 
connection to the fuel filler neck. J.K. plans to modify the U.S.-model 
filler neck so that it can be attached to the non-U.S. model tank. J.K. 
also pointed out that the non-U.S. model fuel system was certified to 
FMVSS No. 301 as the U.S. model system before current emissions 
requirements were implemented by the Environmental Protection Agency 
(EPA). Lastly, J.K. contested Ferrari's contention that the fuel 
pressure sensor is in different locations on the U.S. model and the 
non-U.S. model tank.
    During their visit to J.K.'s facilities, the NHTSA representatives 
were shown changes that Ferrari had made to the rear frame of the non-
U.S. certified 2001 Ferrari 360, which amounted to reinforcement of the 
vehicle's box structure. When asked about the differences cited by 
Ferrari in the exhaust pipes and catalytic converter on the U.S. 
certified and the non-U.S. certified versions of the vehicle, a J.K. 
staff member responded that the exterior dimensions of those equipment 
items remained the same, and that only their interior components were 
changed to meet the current EPA emissions requirements.
    Analysis: In its response, J.K. recognized that it must replace and 
move the charcoal canister (item 1 above), the air pump (item 2), the 
fuel filler neck (item 4), and the rollover valve (item 5). During the 
NHTSA representatives' visit to J.K.'s facilities, a J.K. staff member 
pointed out that the rear frame of the non-U.S. certified vehicle had 
predrilled mounting holes for both the U.S.-model and non-U.S. model 
fuel system components. As a consequence, the staff member contended 
that removing non-U.S. model parts and replacing them with U.S.-model 
parts would not be difficult.
    The information that NHTSA has received indicates that the U.S.-
model and the non-U.S. model fuel tanks are different (item 3). The 
major difference between the tanks is in the diameter of the connection 
to the fuel filler neck. The tank in the non-U.S. certified 2001 
Ferrari 360 was the same as that used on U.S. models of the vehicle in 
the 1998 or 1999 model years, before current emissions requirements 
were implemented. As such, this tank would have been certified to FMVSS 
No. 301 by Ferrari SpA. Assuming that J.K. provides a sufficient 
connection between the fuel tank and the fuel filler neck, there is no 
reason to believe that these tanks and the associated fuel lines will 
not meet the crash test requirements of FMVSS No. 301. As to the 
remaining issues, the agency notes that J.K. has stated that it intends 
to modify the fuel system of the non-U.S. certified vehicle so that it 
is essentially the same as that of the U.S. certified vehicle version 
in order to satisfy EPA requirements, and that it would replace non-
U.S. model components with U.S. model components. Based on these 
considerations, the agency has concluded that the non-U.S. certified 
2001 Ferrari 360 is capable of being readily modified to meet the 
requirements of FMVSS No. 301.

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 360. 
The company stated that the front bumper on the U.S. certified vehicle 
weighs 2.25 kg (5 lb) more than that on the non-U.S. certified vehicle, 
and that the rear bumper weighs 3.85 kg (8.5 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. submitted a report from MGA Research of Burlington, Wisconsin, 
dated March 7, 2002, which indicates that it tested a Ferrari 360 
Spider to the requirements of part 581 and that there was no damage to 
the vehicle during this testing. J.K. has represented this vehicle to 
be a non-U.S. certified 2001 Ferrari 360 that it modified to conform to 
the requirements of part 581.
    Analysis: Although it recognizes that this is a conformity issue, 
based on the test report that J.K. submitted, the agency has concluded 
that the non-U.S. certified 2001 Ferrari 360 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 the bumper components and the fuel tanks, 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 360 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 provided 
the agency with a test report from a reputable test laboratory that 
indicates that its modifications of the bumper system would achieve 
compliance with part 581. As detailed above, the agency has concluded 
that the fuel tanks in non-U.S. certified 2001 Ferrari 360 vehicles do 
not have to be replaced with U.S. model fuel tanks for those vehicles 
to comply with FMVSS No. 301.

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-376 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 360 passenger cars that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are substantially similar to 2001 Ferrari 360 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

[[Page 17486]]

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: April 5, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-8622 Filed 4-9-02; 8:45 am]
BILLING CODE 4910-59-P