Decision That Certain Nonconforming Model Year 1996 and 1997 Ferrari F50 Passenger Cars Are Eligible for Importation

Topics:  Ferrari F50

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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