Decision That Certain Nonconforming Model Year 1996 and 1997 Ferrari F50 Passenger Cars Are Eligible for Importation |
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Topics: Ferrari F50
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
11 April 2017
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Notices]
[Pages 17517-17518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07161]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0094, Notice 2]
Decision That Certain Nonconforming Model Year 1996 and 1997
Ferrari F50 Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
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SUMMARY: This document announces a decision by the National Highway
Traffic Safety Administration that certain model year (MY) 1996 and
1997 Ferrari F50 passenger cars (PC) manufactured prior to September 1,
1997 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 those vehicles have
safety features that comply with, or are capable of being altered to
comply with, all applicable FMVSS.
DATES: This decision became effective on March 21, 2017.
ADDRESSES: For further information, contact George Stevens, Office of
Vehicle Safety Compliance, NHTSA (202-366-5308).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C 30141(a)(1)(B), 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 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 that 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.
J. K. Technologies, LLC (J.K.), Inc. of Baltimore, Maryland
(Registered Importer R-90-006) petitioned NHTSA to decide whether
nonconforming 1996 and 1997 Ferrari F50 PC's are eligible for
importation into the United States. NHTSA published a notice of the
petition on October 16, 2016 (81 FR 72852) to afford an opportunity for
public comment. No comments were received in response to this notice.
The reader is referred to the notice for a thorough description of the
petition.
NHTSA Conclusions
In its petition, J.K. noted that the original manufacturer,
Ferrari, S.p.A., certified the MY 1995 F50 PCs to all applicable FMVSS
and offered those vehicles for sale in the United States. J.K. also
contends that the non-U.S certified MY 1996 and 1997 Ferrari F50 PCs
share the same platform with the U.S.-certified MY 1995 Ferrari F50 PC,
and on that basis compares the non-U.S. certified model to those
vehicles to establish its conformity with many applicable FMVSS.
Because there is no U.S.-certified counterpart for the MY 1997 Ferrari
F50 PC, the petitioner acknowledged that it could not base its petition
solely on the substantial similarity of those vehicles to the U.S.-
certified MY 1995 Ferrari F50 PC. Instead, the petitioner chose to
establish import eligibility on the basis that the vehicles have safety
features that comply with, or are capable of being modified to comply
with, the FMVSS based on destructive test data or such other evidence
that NHTSA decides to be adequate as set forth in 49 U.S.C.
30141(a)(1)(B). Nevertheless, the petitioner contends that the non-U.S.
certified MY 1997 Ferrari F50 PCs use the same components as the U.S.-
certified MY 1995 Ferrari F50 PCs in virtually all of the systems
subject to applicable FMVSS.
NHTSA has reviewed the petition and has concluded that the
nonconforming versions of the MY 1996 and 1997 Ferrari F50 PCs are
similar to the U.S.-certified versions of the MY 1995 Ferrari F50 PCs
and are capable of being readily altered to comply with all applicable
FMVSS with respect to all FMVSS applicable prior to September 1, 1997.
NHTSA has limited this decision to vehicles manufactured prior to
September 1, 1997, because the U.S.-certified MY 1995 Ferrari F50 PCs
that are the basis for this decision were not required to conform to
the air bag system requirements of FMVSS No. 208 Occupant Crash
Protection and the petitioner made no representation as to compliance
with air bag system requirements of FMVSS No. 208 for the subject
vehicles.
NHTSA has long taken the position that RIs are not subject to the
requirements of standards that are being phased in, but must comply
with those requirements once they apply to 100 percent of a
manufacturer's production. The requirement for air bags to be installed
at the driver's and front outboard passenger's seating position applies
to 100 percent of passenger cars manufactured on or after September 1,
1997. As a consequence, an RI can meet the automatic protection
requirements of the standard by installing conforming automatic seat
belts in passenger cars manufactured prior to that date. Therefore,
J.K. or another RI could meet the standard by installing automatic seat
belts in 1996 and 1997 Ferrari F50 passenger cars manufactured prior to
September 1, 1997. Vehicles manufactured on or after that date would
require the installation of U.S.-model air bag systems to meet the
standard. The agency further notes that conformity packages submitted
for vehicles imported under this 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 nonconforming 1996
and 1997 Ferrari F50 passenger cars.
[[Page 17518]]
Decision
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that MY 1996 and 1997 Ferrari F50 passenger cars manufactured prior to
September 1, 1997 that were not originally manufactured to comply with
all applicable FMVSS, are capable of being altered to conform to all
applicable FMVSS.
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.
VCP-62 is assigned to MY 1996 and 1997 Ferrari F50 passenger cars
manufactured prior to September 1, 1997 are admissible under this
notice of final decision.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8).
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-07161 Filed 4-10-17; 8:45 am]
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