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Decision That Nonconforming Model Year 2013-2014 Ferrari F12 Berlinetta Passenger Cars Are Eligible for Importation


American Government Topics:  Ferrari F12 Berlinetta

Decision That Nonconforming Model Year 2013-2014 Ferrari F12 Berlinetta Passenger Cars Are Eligible for Importation

Michael Cole
National Highway Traffic Safety Administration
23 March 2018


[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12841-12843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05917]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0104, Notice 3]


Decision That Nonconforming Model Year 2013-2014 Ferrari F12 
Berlinetta Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain Model Year (MY) 2013-2014 
Ferrari F12 Berlinetta passenger cars (PCs) 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 that 
were certified by their manufacturer as complying with the safety 
standards (the U.S.-certified version of the MY 2013-2014 Ferrari F12 
Berlinetta PC), and they are capable of being readily altered to 
conform to the standards.

[[Page 12842]]


DATES: This decision became effective on March 20, 2018.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA, telephone (202) 366-5308.

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 received, 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 submitted, 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# RI-90-007), petitioned NHTSA to decide whether 
certain MY 2013-2014 Ferrari F12 Berlinetta PCs are eligible for 
importation into the United States. NHTSA published a notice of the 
petition on December 7, 2016 (81 FR 88318) to afford an opportunity for 
public comment. The reader is referred to that notice for a thorough 
description of the petition.

Comments

    On February 6, 2017, Ferrari North America (FNA), the vehicle's 
original manufacturer, submitted comments to the petition docket. In 
their comments, Ferrari stated that while they agreed that the U.S. and 
the non-U.S. versions of the vehicle are ``substantially similar'' 
within the meaning of section 30141(a)(1)(A)(i), they strongly disputed 
G&K's assertions that the non-U.S. version could be readily altered to 
comply with all applicable FMVSS. FNA elaborated by presenting detailed 
reasons for their assertions with respect to specific FMVSS. G&K 
responded to FNA's comments by reiterating their belief that the 
subject non-U.S.-conforming vehicles can be readily modified to meet 
all applicable FMVSS and that they have the experience and technical 
knowledge to perform the necessary modifications to conform the 
vehicles and remedy necessary recalls.
    A summary of FNA's comments, G&K's responses to FNA's comments, and 
the conclusions that NHTSA has reached regarding the issues raised by 
the parties is set forth below.

Review of Comments and Conclusions

    NHTSA has reviewed the petition, FNA's comments, G&K's subsequent 
responses to FNA's comments, and G&K's responses to NHTSA's resultant 
inquiries. Based on these reviews and associated analyses, NHTSA has 
concluded that the subject nonconforming vehicles, as originally 
manufactured, conform to many FMVSS in the same manner as their U.S.-
certified counterparts, or are capable of being readily altered to 
comply with all applicable FMVSS as outlined in the petition, except as 
amended by NHTSA's following decisions.
    NHTSA has concluded that an RI who imports one of these vehicles 
must complete modifications in addition to those proposed in the 
petition, and include, in the statement of conformity and associated 
documents (referred to as a ``conformity package'') they submit to 
NHTSA under 49 CFR 592.6(d,) additional specific proof to confirm that 
each vehicle was manufactured to conform to, or was successfully 
altered to conform to, each of the following standards:
    FMVSS No. 101, Controls and Displays; FNA commented that a simple 
reprogramming of the software would be insufficient to render the 
vehicle compliant with the standard, and stated that in addition to 
various necessary software modifications, the instrument cluster must 
be replaced entirely, at considerable cost.
    G&K responded that they have the necessary equipment and expertise 
to reprogram the vehicle to render the instrument cluster compliant. 
They also assert that this would be sufficient, and that replacement of 
the cluster would not be necessary.
    NHTSA has decided that a description of how the programming changes 
were completed and how compliance with the standard was verified must 
be included in each conformity package. Photographs, printouts, and/or 
images of the installation computer's monitor (``screenshots''), as 
practicable, must also be submitted as proof that the reprogramming was 
carried out successfully. Proof must also be furnished that all 
portions of the instrument panel in the vehicle, as altered, meet the 
standard to which they are subject.
    FMVSS No. 201, Occupant Protection in Interior Impact; FNA 
commented that the U.S. Market vehicles to which this petition refers 
have special A-pillar and rear pillar trims to satisfy the requirements 
of FMVSS No. 201, and that replacement of this trim would be especially 
expensive.
    G&K responded that they have inspected the trim on the pillars of 
the vehicle subject to this petition, and that the relevant trim is 
identical both in appearance and material to the trim on the U.S.-
certified vehicle.
    NHTSA has decided that the A-pillar trim must be replaced with 
U.S.-conforming model replacement components. Each conformity package 
must include Ferrari replacement part number verification, which will 
consist of copies of purchase invoices and photographs, both pre- and 
post-installation, illustrating that the trim on the A-pillars of each 
vehicle being imported is identical to that in the U.S.-certified 
counterpart after the replacement parts are installed.
    FMVSS No. 208, Occupant Crash Protection; FNA commented that the 
airbag system, and specifically the Child Seat Presence and Orientation 
Detector (``CPOD'') system, can be reprogrammed only by means of a 
specific device, and that this reprogramming is not straightforward. 
They further state that the passenger seat, front bumpers, and ceiling 
light would need to be replaced to ensure properly functioning sensors 
and telltales.
    G&K responded that they will inspect the passenger seat of each 
imported vehicle for compliance, and replace the seat or install 
components as necessary. They also assert that they have the necessary 
equipment and expertise to program the vehicle to activate the 
necessary sensing systems to satisfy the advanced airbag requirements. 
Finally, they state they will inspect, and replace as necessary, the 
ceiling lights to incorporate the necessary telltale, and that the 
relevant sensors in the bumpers are identical for the certified and 
non-certified vehicles.
    NHTSA has decided that the passenger seat, the ceiling light 
containing the passenger airbag telltale, and the front bumper must be 
replaced with the U.S.-conforming model replacement component. Each 
conformity package must include Ferrari replacement part number

[[Page 12843]]

verification, which will consist of copies of purchase invoices and a 
detailed description of the occupant protection system in place on the 
vehicle at the time it was delivered to the RI. The RI must also 
provide a similarly detailed description of the occupant protection 
system in place after the vehicle is altered, including photographs of 
all required labeling. The descriptions must include assembly diagrams 
and associated part numbers for all components that were removed from 
and installed on the vehicle, and descriptions of how the programming 
changes were completed and how compliance was verified. Additionally, 
photographs (e.g., screenshots) or report printouts, as practicable, 
must be submitted as proof that the reprogramming was carried out 
successfully. Proof in the form of test results that, as altered, the 
vehicle conforms to child protection requirements, passenger out of 
position, unbelted occupant, and telltale requirements of FMVSS No. 208 
after the replacement parts and software updates are installed.
    FMVSS No. 225, Child Restraint Anchorage Systems; FNA commented 
that while G&K correctly summarized that they will need to add the 
appropriate child restraint anchorage, this summary unduly minimizes 
the expense and potential difficulties of said installation. 
Specifically, FNA states that installation will require replacement of 
upholstery, and that the screw holding the anchorage must be tightened 
to a precisely-defined torque.
    G&K responded by asserting that they have the necessary experience 
to install such an anchorage in a vehicle.
    NHTSA has decided that each conformity package must include 
photographic evidence that the required anchorage has been installed in 
each imported vehicle, and include a description of how the RI 
accomplished proper torqueing of the anchorage screw.
    FMVSS No. 301 Fuel System Integrity; FNA stated that the 
modifications to the fuel system that G&K identified in their petition 
may overlook reinforcements that have been provided for U.S.-certified 
vehicles to limit the movement of the gearbox in rear-end collisions as 
a means of preventing its impact with the fuel tank.
    G&K responded by reiterating that they will inspect each individual 
vehicle for compliance with this standard, and that they will install 
additional brackets behind the gearbox similar to those found in U.S.-
certified vehicles as necessary.
    NHTSA has decided that each conformity package must include a 
detailed description of all modifications made to achieve conformity 
with this standard and that all newly installed and replaced components 
must be U.S.-conforming model Ferrari replacement components, provided 
that the non-U.S. vehicles were manufactured with mounting anchorages 
that are identical to those on the U.S.-certified vehicles. This 
description must include part number verification for each part 
replaced, copies of purchase invoices, and photographic evidence of the 
modifications made to achieve conformity.
    In addition to the information specified above, each conformity 
package must include evidence showing how the RI verified that the 
changes they made in loading or reprograming vehicle software to 
achieve conformity with each separate FMVSS, did not also cause the 
vehicle to fall out of compliance with any other applicable FMVSS.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2013-2014 Ferrari F12 Berlinetta passenger cars that were not 
originally manufactured to comply with all applicable FMVSS, are 
substantially similar to MY 2013-2014 Ferrari F12 Berlinetta passenger 
cars manufactured for importation into and/or 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 Federal Motor Vehicle 
Safety Standards.

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-594 is the vehicle eligibility number assigned to vehicles 
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).

Michael Cole,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-05917 Filed 3-22-18; 8:45 am]
 BILLING CODE 4910-59-P

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