[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Notices]
[Pages 20157-20158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5790]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-16356; Notice 3]


Decision That Nonconforming 2002 and 2003 Ferrari 575 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 2002 and 2003 Ferrari 575 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 2002 and 2003 
Ferrari 575 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 2002 and 2003 Ferrari 575 passenger cars), and 
they are capable of being readily altered to conform to the standards.

DATES: This decision was effective December 16, 2003. The agency 
notified the petitioner at that time that the subject vehicles are 
eligible for

[[Page 20158]]

importation. This document provides public notice of the eligibility 
decision.

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.
    Where there is no substantially similar U.S.-certified motor 
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle 
to be admitted into the United States if its safety features comply 
with, or are capable of being altered to comply with, all applicable 
FMVSS based on destructive test data or such other evidence as NHTSA 
decides to be adequate.
    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 
and 2003 Ferrari 575 passenger cars are eligible for importation into 
the United States. NHTSA published notice of the petition on October 
28, 2003 (68 FR 61549) 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. 
This was from Ferrari North America, Inc. (FNA), the U.S. 
representative of the vehicle's original manufacturer. In its comment, 
FNA acknowledged that the subject vehicles can be brought into 
compliance with all applicable FMVSS, but cautioned that Registered 
Importers who conform the vehicles must exercise utmost care and 
exactitude in making the necessary modifications.
    Since FNA did not challenge the vehicle's capability of being 
brought into compliance with all applicable FMVSS, NHTSA decided to 
grant import eligibility to 2002 and 2003 Ferrari 575 passenger cars.

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-415 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 has decided that 
2002 and 2003 Ferrari 575 passenger cars that were not originally 
manufactured to comply with all applicable FMVSS, are substantially 
similar to 2002 and 2003 Ferrari 575 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. E6-5790 Filed 4-18-06; 8:45 am]
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