[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 73061-73062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7021]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18478; Notice 2]


Decision That Nonconforming 1999 Ferrari 456GT and GTA Passenger 
Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by National Highway Traffic Safety 
Administration that nonconforming 1999 Ferrari 456GT and GTA passenger 
cars are eligible for importation.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 1999 Ferrari 456GT 
and GTA passenger cars that were not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards (FMVSS) 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 that were certified 
by their manufacturer as complying with the safety standards (the U.S. 
certified version of the 1999 Ferrari 456GT and GTA passenger cars), 
and they are capable of being readily altered to conform to the 
standards.

DATES: This decision was effective September 24, 2004.

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 FMVSS 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 as required 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 FMVSS.
    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, LLC (JK) of Baltimore, Maryland (Registered 
Importer 90-006), petitioned NHTSA to decide whether 1999 Ferrari 456GT 
and GTA passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on July 9, 2004 (69 FR 
41570) 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 Ferrari North America, Inc. (FNA), the U.S. representative of 
Ferrari SpA, the vehicle's manufacturer. In its comment, FNA contended 
that there are complex issues concerning the conformance of Ferrari GT 
and GTA passenger cars to FMVSS Nos. 214 Side Impact Protection and 216 
Roof Crush Resistance. FNA supported this contention by noting that 
such issues had come to the fore in the import eligibility decision 
covering 1997 and 1998 Ferrari 456 GT and GTA passenger cars that was 
published on April 16, 2004 (at 69 FR 20663). As a consequence, FNA 
expressed concern that the petitioner in this instance had not fully 
documented its conclusions with regard to both the need for 
modifications to meet those two standards and the methods by which such 
modifications would be made if they are deemed to be necessary. FNA 
further noted that although the petition had referred to FMVSS No. 216, 
no mention of this standard was made in the notice of petition 
published by the agency. Lastly, FNA observed that the petitioner did 
not supply the vehicle identification number (VIN) of the vehicle on 
which the petition was based, despite agency instructions for 
petitioning RIs to furnish this information.
    The agency referred FNA's comments to the petitioner, but received 
no response. The agency notes that other than observing that there are 
complex issues concerning the conformance of the vehicles with FMVSS 
Nos. 214 and 216, FNA provided no specifics to support this position. 
More significantly, FNA did not contend that the vehicles are incapable 
of being readily altered to comply with those standards. As noted by 
FNA, the agency has already concluded that 1997 and 1998 Ferrari GT and 
GTA passenger cars are capable of being readily altered to

[[Page 73062]]

comply with FMVSS Nos. 214 and 216. Based on the similarity of the 1997 
and 1998 models to the 1999 model year vehicles that are the subject of 
this petition, the agency has no reason to conclude that the 1999 
models are not similarly capable of being readily altered to comply. 
FNA was correct in observing that the agency, through oversight, had 
neglected to include in the notice of petition any discussion regarding 
the vehicles' compliance with FMVSS No. 216. The notice should have 
stated that the petition identified the installation of braces bonded 
at the rear roof corners as needed to conform the vehicles to that 
standard. With regard to the petitioner's failure to provide a VIN for 
the petitioned vehicle, the agency notes that although it would prefer 
petitioners to supply information of this kind, there is no regulatory 
requirement for them to do so.
    Based on these considerations, the agency decided to grant the 
petition.
    As NHTSA concluded in its analysis of the eligibility of the 
similar 1997 and 1998 Ferrari GT and GTA passenger cars, the 
modifications proposed for the 1999 Ferrari GT and GTA passenger cars 
indicate that the vehicles are capable of being readily altered.

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-445 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 decided that 1999 
Ferrari 456GT and GTA passenger cars that were not originally 
manufactured to comply with all applicable FMVSS are substantially 
similar to 1999 Ferrari 456GT and GTA 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 FMVSS.

    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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E5-7021 Filed 12-7-05; 8:45 am]
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