National Highway Traffic Safety Administration, DOT.
Notice of decision by National Highway Traffic Safety Administration that nonconforming 2002 and 2003 Ferrari 575 passenger cars are eligible for importation.
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.
This decision was effective December 16, 2003. The agency notified the petitioner at that time that the subject vehicles are eligible for Start Printed Page 20158importation. This document provides public notice of the eligibility decision.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151).End Further Info End Preamble Start Supplemental Information
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.
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.Start Signature
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E6-5790 Filed 4-18-06; 8:45 am]
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