[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Notices]
[Pages 16346-16347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8135]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13219; Notice 2]


Decision That Nonconforming 2002 Ferrari 360 Passenger Cars 
Manufactured Before September 1, 2002, Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 2002 Ferrari 360 
Passenger Cars manufactured before September 1, 2002, are eligible for 
importation.

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SUMMARY: This notice announces the decision by NHTSA that 2002 Ferrari 
360 passenger cars manufactured before September 1, 2002, that were 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 2002 Ferrari 360 passenger car 
manufactured before September 1, 2002), 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: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer 90-007) petitioned NHTSA to decide whether 2002 
Ferrari 360 passenger cars manufactured before September 1, 2002, are 
eligible for importation into the United States. NHTSA published notice 
of the petition on September 10, 2002 (67 FR 57479), 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 of petition, 
from a law firm representing Ferrari North America, Inc. (``FNA''), the 
U.S. representative of the vehicle's manufacturer. In this comment, FNA 
took issue with the extensiveness of the modification described in the 
petition as necessary to conform non-U.S. certified 2002 Ferrari 360 
passenger cars manufactured before September 1, 2002, to certain of the 
Federal motor vehicle safety standards. FNA contended that if import 
eligibility were to be granted to those vehicles, that decision, 
insofar as it involved conformity with the Federal motor vehicle safety 
standards, would have to be made on the same basis as the decision to 
grant import eligibility to the non-U.S. certified 2001 Ferrari 360 
that was published on April 10, 2002, at 67 FR 17483 (Docket No. NHTSA-
2001-9628).
    FNA also noted that G&K had stated in the petition that it would 
modify non-U.S. certified Ferrari 360 passenger cars manufactured 
before September 1, 2002, to the Bumper Standard at 49 CFR part 581, 
but stated in a subsequent letter to the agency that ``[a]t this time 
we will be replacing the bumpers with

[[Page 16347]]

U.S. bumpers instead of modifying them.'' Expressing a lack of 
understanding of the phrase ``at this time,'' as used in G&K's letter, 
FNA asserted that the agency should require the replacement of the 
bumpers on all nonconforming 2002 Ferrari 360s with U.S.-model bumpers, 
and should not permit G&K or other importers to change their means for 
conforming the vehicles to the standard at some undisclosed future 
time.
    After it was given an opportunity to respond to FNA's comments, G&K 
requested that the 2002 model be accorded import eligibility on the 
same terms as the 2001 model.
    For the reader's convenience, those terms are set forth below with 
respect to each standard that was discussed in the eligibility decision 
for the 2001 Ferrari 360:
    Standard No. 108 Lamps, Reflective Devices, and Associated 
Equipment: Modification of the tail lamp assembly wiring on the non-
U.S. certified vehicle so that the tail lamps will operate in the same 
manner as those on the U.S. certified version.
    Standard No 118 Power-Operated Window Systems: Installation of a 
relay to the power window system so that the power windows will not 
operate when the ignition switch is in the ``off'' position.
    Standard No. 201 Occupant Protection in Interior Impacts: 
Replacement of the occupant compartment padding components with U.S.-
model components as necessary to meet the upper interior component 
requirements of the standard.
    Standard No. 208 Occupant Crash Protection: Replacement of seat 
belts and modification or replacement of the bumpers with U.S.-model 
components.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
U.S.-model top tether anchorages for child restraints on the rear frame 
of the non-U.S. certified vehicles.
    Standard No. 301 Fuel System Integrity: (a) Replacement of 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; (b) modification of the U.S.-model 
filler neck so that it can be attached to the non-U.S.-model tank; (c) 
relocation of the charcoal canister, air pump, fuel filler neck, and 
rollover valve so that they are in essentially the same position as 
those components found on the U.S. certified vehicle.
    In the eligibility decision for the 2001 Ferrari 360, the agency 
noted that these modifications would entail the replacement, with U.S.-
model parts, of all non-U.S.-model parts except for the fuel tanks and 
bumpers that are necessary to bring non-U.S. certified Ferrari 360 
vehicles into compliance with the applicable Federal Motor Vehicle 
Safety Standards and with the Bumper Standard in part 581.
    NHTSA has considered FNA's comments and G&K's response. In view of 
FNA's assertion that non-U.S. certified 2002 Ferrari 360 passenger cars 
manufactured before September 1, 2002, should be judged on the same 
terms, and conformed in the same manner, as set forth in the agency's 
eligibility decision for the 2001 version of the vehicle, and G&K's 
request that the 2002 version be granted import eligibility on the same 
terms as the 2001 version, NHTSA has decided to grant the petition. The 
agency notes, however, that on account of the petitioner's stated 
intention to replace the bumpers on non-U.S. certified 2002 Ferrari 360 
passenger cars manufactured before September 1, 2002, with U.S.-model 
components, those bumpers will have to be replaced, and not merely 
modified to conform to the Bumper Standard in 49 CFR part 581, as was 
allowed for the 2001 version of the vehicle.

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-402 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 2002 Ferrari 360 Passenger Cars manufactured before September 1, 
2002, that were not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards are substantially 
similar to 2002 Ferrari 360 Passenger Cars manufactured before 
September 1, 2002, that were 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.

    Issued on: March 31, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-8135 Filed 4-2-03; 8:45 am]
BILLING CODE 4910-59-P