[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32189-32191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8543]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-15681; Notice 3]


Decision That Nonconforming 2003 Ferrari Spider and Coupe 
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by the National Highway Traffic Safety 
Administration that nonconforming 2003 Ferrari Spider and Coupe 
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 2003 Ferrari Spider 
and Coupe 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 2003 Ferrari Spider and Coupe passenger cars), 
and they are

[[Page 32190]]

capable of being readily altered to conform to the standards.

DATES: This decision was effective October 31, 2003. 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.
    G&K Automotive Conversion, Inc. of Santa Ana, California 
(``G&K'')(Registered Importer 90-007), petitioned NHTSA to decide 
whether 2003 Ferrari Spider and Coupe passenger cars are eligible for 
importation into the United States. NHTSA published a notice of the 
petition on August 1, 2003 (68 FR 45309) 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 the 
vehicle's original manufacturer. FNA's comment addressed issues it 
believed G&K had overlooked in describing alterations necessary to 
conform 2003 Ferrari Spider and Coupe passenger cars to a number of 
FMVSS and to the Bumper Standard. FNA observed that the non-U.S. 
certified 2003 Ferrari 360 passenger cars that are the subject of the 
instant petition 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 2003 Ferrari 360 passenger cars, 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 gave G&K an opportunity to respond to FNA's comments. 
G&K did not see the need to do so because it believed that FNA had 
raised no issues beyond the ones it raised in response to the 
eligibility petition for 2002 Ferrari 360 passenger cars manufactured 
before September 1, 2002 that was also submitted by G&K.
    FNA's comments and NHTSA's analysis are set forth below for each of 
the issues that FNA raised.
    (1) 49 CFR Part 581, Bumper Standard: The petition stated that the 
front and rear bumper support structures in the non-U.S. certified 
model must be reinforced in order to comply with the Bumper Standard. 
FNA responded that the bumpers should be replaced with U.S.-model 
bumper components unless there is no doubt that G&K's proposed 
reinforcements will meet the requirements of 49 CFR part 581. In 
addition, FNA pointed out that NHTSA had specifically required that the 
bumpers on nonconforming 2002 Ferrari 360 passenger cars manufactured 
before September 1, 2002 must be replaced, and not merely modified to 
conform to the Bumper Standard.
    NHTSA's Analysis: The agency notes that Bumper Standard compliance 
issues are not directly relevant to an import eligibility decision, as 
such a decision is to be based on the capability of a non-U.S. 
certified vehicle to be altered to conform to the FMVSS, and the Bumper 
Standard is not an FMVSS. However, because a vehicle that is not 
originally manufactured to comply with the Bumper Standard must be 
modified to comply with the standard before it can be admitted 
permanently into the United States, conformance with the Bumper 
Standard must be shown in the conformity package submitted to NHTSA to 
allow release of the DOT conformance bond furnished at the time of 
vehicle importation.
    As part of the import eligibility decision for 2002 Ferrari 360 
passenger cars manufactured before September 1, 2002, NHTSA 
specifically required replacement of bumper components with U.S.-model 
components based on the petitioner's assertion that it would perform 
such a replacement in lieu of modifying the bumper components. After 
that decision, G&K submitted to the agency detailed descriptions of 
bumper modifications that were deemed sufficient to bring the bumpers 
on 2001 and 2002 Ferrari 360 passenger cars into conformance with the 
Bumper Standard. G&K requested and was granted confidentiality with 
respect to that information by NHTSA's Chief Counsel.
    Based on the showing that G&K made with respect to non-U.S. 
certified 2002 Ferrari 360 passenger cars manufactured before September 
1, 2002, NHTSA has concluded that the 2003 model vehicles that are the 
subject of the instant petition are also capable of being readily 
modified to comply with the Bumper Standard.
    (2) 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 either replaced with U.S.-model 
components or be modified to meet the standard. FNA contended that 
conformance with the standard could only be achieved by replacement of 
the components at issue, and not by their modification.
    NHTSA's Analysis: The modifications that G&K identified as 
necessary to achieve conformance with 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 conform to 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 2003 
Ferrari 306 Spider and Coupe passenger cars.
    (3) FMVSS No. 208 Occupant Crash Protection: The petition 
identified various occupant crash protection components in the non-U.S. 
certified model that must be replaced with U.S.-model components or 
modified to meet the standard. FNA stated that the components at issue 
should only be replaced with U.S.-model components

[[Page 32191]]

and not be modified to meet the standard.
    NHTSA's Analysis: The modifications G&K identified as necessary to 
comply with 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 conform to 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 2003 Ferrari 306 Spider and Coupe 
passenger cars.
    (4) 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 conformity with 
the standard. FNA requested that the same modifications required for 
2002 Ferrari 360 Spider and Coupe passenger cars be required for the 
2003 model as well.
    NHTSA's Analysis: Because FNA described the 2002 and 2003 models as 
being identical with respect to their conformance with all applicable 
FMVSS and G&K did not take issue with this representation, the agency 
has concluded that the following modifications, which were identified 
as needed to conform the 2002 model to the requirements of the 
standard, are appropriate for the 2003 model 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.

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-410 is the vehicle eligibility number assigned to vehicles 
admissible under this decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA decided that 2003 
Ferrari Spider and Coupe passenger cars that were not originally 
manufactured to comply with all applicable FMVSS, are substantially 
similar to 2003 Ferrari Spider and Coupe 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. E6-8543 Filed 6-1-06; 8:45 am]
BILLING CODE 4910-59-P