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Decision That Nonconforming Model Year 2010 Lamborghini Murcielago Passenger Cars Are Eligible for Importation


American Government Topics:  Lamborghini Murcielago

Decision That Nonconforming Model Year 2010 Lamborghini Murcielago Passenger Cars Are Eligible for Importation

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
10 October 2017


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 47075-47076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21665]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0105, Notice 2]


Decision That Nonconforming Model Year 2010 Lamborghini 
Murcielago 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) 2010 
Lamborghini Murcielago 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 sale in the United States and certified by their 
manufacturer as complying with the safety standards (the U.S. certified

[[Page 47076]]

version of the MY 2010 Lamborghini Murcielago PC), and they are capable 
of being readily altered to conform to the standards.

DATES: This decision became effective on October 3, 2017.

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)(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, CA (G&K) (Registered 
Importer #RI-90-007), petitioned NHTSA to decide whether MY 2010 
Lamborghini Murcielago PCs are eligible for importation into the United 
States. NHTSA published a notice of the petition on May 2, 2017 (82 FR 
20532) to afford an opportunity for public comment. No comments were 
received in response to this petition. The reader is referred to the 
receipt notice for a thorough description of the petition.

NHTSA's Conclusions

    NHTSA has reviewed the petition and has concluded that the vehicles 
covered by the petition are substantially similar to MY 2010 
Lamborghini Murcielago PCs and are capable of being readily altered to 
comply with all applicable FMVSS.
    NHTSA has also concluded that each RI who imports and modifies one 
of these vehicles must include in the statement of conformity and 
associated documents (``conformity package'') it submits to the NHTSA 
under 49 CFR part 592.6(d) explicit proof to confirm that the vehicle 
was, where applicable, originally manufactured to conform to, or was 
successfully altered to conform to, FMVSS No. 101 Controls and 
Displays, FMVSS No. 138, Tire Pressure Monitoring Systems, FMVSS No. 
208, Occupant Crash Protection, and FMVSS No. 301 Fuel System 
Integrity. This proof must include detailed descriptions of all 
modifications made, including a detailed description of systems in 
place (if any) on the vehicle as delivered to the RI, and a similarly 
detailed description of alterations made to the vehicle and said 
systems, including photographs of all required labeling. The 
descriptions must also include parts assembly diagrams and associated 
part numbers for all components that were removed from or installed in 
the vehicle, an accounting of any computer programming modifications 
undertaken and a description of how compliance was verified after 
alteration of the vehicle.
    In addition to the information specified above, each conformity 
package must also include evidence showing how the RI verified that the 
changes it 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 2010 Lamborghini Murcielago passenger cars that were not 
originally manufactured to comply with all applicable FMVSS, are 
substantially similar to MY 2010 Lamborghini Murcielago 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-595 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.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-21665 Filed 10-6-17; 8:45 am]
 BILLING CODE 4910-59-P




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