[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32188-32189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8539]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16612; Notice 3]


Decision That Nonconforming 2002 Ferrari Spider and Coupe 
Passenger Cars Manufactured From September 1, 2002 Through December 31, 
2002 Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by the National Highway Traffic Safety 
Administration that nonconforming 2002 Ferrari Spider and Coupe 
passenger cars manufactured from September 1, 2002 through December 31, 
2002 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 Ferrari Spider 
and Coupe passenger cars manufactured from September 1, 2002 through 
December 31, 2002 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 Ferrari Spider and Coupe passenger car 
manufactured from September 1, 2002 through December 31, 2002), and 
they are capable of being readily altered to conform to the standards.

DATES: This decision was effective April 1, 2004. The agency notified 
the petitioner at that time that the subject vehicles are eligible for 
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.
    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.
    Automobile Concepts, Inc. of North Miami, Florida (``AMC'') 
(Registered Importer 01-278), petitioned NHTSA to decide whether 2002 
Ferrari Spider and Coupe passenger cars manufactured from September 1, 
2002 through December 31, 2002 are eligible for importation into the 
United States. NHTSA published a notice of the petition on December 11, 
2003 (68 FR 69125) to afford an opportunity for public comment. The 
reader is referred to that notice for a thorough description of the 
petition.
    One substantive comment was received in response to the notice of 
petition, from Ferrari North America, Inc. (FNA), the U.S. 
representative of the vehicle's original manufacturer. FNA's comment 
addressed issues it believed AMC had overlooked in describing 
alterations needed to conform 2002 Ferrari Spider and Coupe passenger 
cars manufactured from September 1, 2002 through December 31, 2002 
models to certain of the FMVSS. FNA observed that the non-U.S. 
certified 2002 Ferrari 360 passenger cars that are the subject of the 
instant petition (i.e., those manufactured from September 1, 2002 
through December 31, 2002), are identical, with respect to their 
conformance to applicable FMVSS, to the nonconforming 2002 Ferrari 360 
passenger cars manufactured before September 1, 2002 that NHTSA has 
previously decided to be eligible for importation, as reflected in a 
notice of decision published on April 3, 2003 at 68 FR 16346 (Docket 
No. NHTSA-2002-13219). As a consequence, FNA contended that if the 
agency were to grant import eligibility to 2002 Ferrari 360 passenger 
cars manufactured from September 1, 2002 through December 31, 2002, 
that decision would have to be made on the same basis as the decision 
to grant import eligibility to the 2002 models manufactured before 
September 1, 2002.
    The agency accorded AMC an opportunity to respond to the issues 
raised by FNA. FNA's comments, AMC's responses, and NHTSA's analysis 
are set forth below for each of the issues that FNA raised.
    (1) FMVSS No. 201 Occupant Protection in Interior Impact: The 
petition identified a number of interior trim components in the non-
U.S. certified model that must be replaced with U.S.-model components 
or modified to meet the standard. FNA identified 16 interior trim 
components that are not found in the non-U.S. certified model and 
stated that all of these should be replaced with U.S.-model components. 
FNA also requested additional information concerning the petitioner's 
proposed substitution of occupant interior components purchased from 
another RI. FNA expressed the belief that an RI responsible for 
certifying a vehicle cannot rely on components manufactured by another 
RI when conforming the vehicle, whether or not the components have been 
shown to

[[Page 32189]]

bring the vehicle into compliance with the standard. AMC responded that 
it was aware of the need for replacing 16 interior components, but 
could not provide technical information regarding the components that 
it intended to purchase from J.K. Technologies, another RI, on account 
of a nondisclosure agreement that it had entered with that company.
    NHTSA's Analysis: The modifications AMC identified as needed to 
conform the vehicle to the standard would not prelude the vehicle from 
being deemed eligible for importation. Conformity packages submitted 
for vehicles imported under the decision must demonstrate that the 
vehicle is equipped with components that allow it to achieve compliance 
with the standard. Any modification or replacement of components 
necessary to meet the requirements of the standard must be shown to 
bring the vehicle into compliance. Such proof must be submitted by an 
RI as part of any conformity package submitted for 2002 Ferrari Spider 
and Coupe passenger cars manufactured from September 1, 2002 through 
December 31, 2002.
    Addressing the issue that FNA raised regarding the purchase by one 
RI of components manufactured or modified by another RI, the agency 
notes that if the supplier has proven to the agency's satisfaction, 
either through a import eligibility petition that was granted by the 
agency or through a conformity package that the agency approved, that a 
vehicle complies with the standard when equipped with the components at 
issue, the agency will allow the purchasing RI to demonstrate 
conformance by the installation of those components. This necessarily 
assumes the vehicle for which the supplying RI has manufactured or 
modified the components is of the same make, model, and model year as 
the vehicle on which the component is to be installed, or if the 
vehicle is of a different model year, there were no changes affecting 
compliance with the standard at issue between that model year and the 
model year of the vehicle for which the component is purchased.
    (2) FMVSS No. 301 Fuel System Integrity: The petition identified a 
number of fuel system components in the non-U.S. certified model that 
must be replaced with U.S.-model components to achieve compliance with 
the standard. FNA contended that the same modifications required for 
the 2001 and 2002 Ferrari Spider and Coupe passenger cars manufactured 
before September 1, 2002, be required for those manufactured from 
September 1, 2002 through December 31, 2002. AMC responded that it 
intended to perform modifications identical to those identified as 
needed to conform vehicles in the earlier production run.
    NHTSA's Analysis: Because FNA described the 2001 and 2002 models as 
being identical with respect to their conformance with all applicable 
FMVSS and AMC did not take issue with this representation, the agency 
has concluded that the following modifications, which were identified 
as need to conform the 2002 Ferrari 360 Spider and Coupe passenger cars 
manufactured before September 1, 2002 to the requirements of the 
standard, are appropriate for the those manufactured from September 1, 
2002 through December 31, 2002 as well:
    (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; and
    (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.
    (3) FMVSS No. 401 Interior Trunk Release: The petition stated that 
an extra cable and actuator must be installed on the hood latch in 
order to allow an occupant to unlatch the hood from within the trunk, 
as required by the standard. FNA disagreed that the modifications 
described in the petition would bring the vehicle into compliance with 
all applicable requirements of paragraph S4.3(b)(1) of the standard. 
AMC responded by stating that it will install U.S.-model components so 
that the non-U.S.-certified vehicle complies with the standard in the 
same manner as the U.S.-certified vehicle.
    NHTSA's Analysis: Because AMC's agreement to install U.S.-model 
components resolves the issue raised by FNA, the agency has concluded 
that the vehicles are capable of being readily altered in that manner 
to meet the requirements of the standard.

Conclusion

    In view of the above considerations, NHTSA decided to grant the 
petition.

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-433 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 2002 
Ferrari Spider and Coupe passenger cars manufactured from September 1, 
2002 through December 31, 2002 that were not originally manufactured to 
comply with all applicable FMVSS, are substantially similar to 2002 
Ferrari Spider and Coupe passenger cars manufactured from September 1, 
2002 through December 31, 2002 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. E6-8539 Filed 6-1-06; 8:45 am]
BILLING CODE 4910-59-P