Decision That Nonconforming Model Year 2014 Ferrari LaFerrari Passenger Cars Are Eligible for Importation

Topics:  Ferrari LaFerrari

Otto G. Matheke III
National Highway Traffic Safety Administration
17 April 2020

[Federal Register Volume 85, Number 75 (Friday, April 17, 2020)]
[Notices]
[Pages 21506-21507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08149]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0028, Notice 2]


Decision That Nonconforming Model Year 2014 Ferrari LaFerrari 
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) 2014 Ferrari 
LaFerrari 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 the 
2014 model year vehicles are substantially similar to vehicles that 
were originally manufactured for importation into and offered for sale 
in the United States and certified to all applicable FMVSS (the U.S-
certified version of the 2014 Ferrari LaFerrari PCs) or are capable of 
being altered to comply with all applicable FMVSS.

DATES: This decision became effective on December 10, 2019.

FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle 
Safety Compliance, NHTSA (202-366-1012).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec.  30141(a)(l)(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 under 49 U.S.C. Sec.  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.
    Under 49 U.S.C. 30141(a)(l)(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, (Registered Importer R-90-006), of 
Baltimore, Maryland, petitioned NHTSA to decide whether MY 2014 Ferrari 
LaFerrari PCs are eligible for importation into the United States. 
NHTSA published a notice of the petition on October 10, 2019 (84 FR 
54727) to afford an opportunity for public comment. The reader is 
referred to the notice for a thorough description of the petition.

Comments

    Two comments were submitted to this docket The first comment stated 
``Luxury cars should not be afforded any other exceptions or privileges 
that non-luxury cars are''. This statement is considered non-
substantive as all vehicles are held to the same safety standards 
regardless of value. The second comment is a detailed analysis in 
support of granting the petition and echoing the petitioners 
reasonings.

NHTSA Conclusions

    In its petition, J.K. Technologies noted that the original 
manufacturer, Ferrari, certified the MY 2014 Ferrari LaFerrari PCs to 
all applicable FMVSS and offered those vehicles for sale in the United 
States.
    NHTSA has reviewed the petition and has concluded that the 
nonconforming versions of the MY 2014 Ferrari LaFerrari PCs described 
in the petition are substantially similar to the U.S.-certified 
versions of the MY 2014 Ferrari LaFerrari PCs and are capable of being 
readily altered to comply with all applicable FMVSS.

[[Page 21507]]

    NHTSA has also determined that any RI who imports or modifies one 
of these vehicles must include in the statement of conformity and 
associated documents (referred to as a ``conformity package'') it 
submits to NHTSA under 49 CFR 592.6(d) additional specific proof to 
confirm that the vehicle was manufactured to conform to, or was 
successfully altered to conform to, FMVSS No. 138, Tire Pressure 
Monitoring Systems, and FMVSS No. 208, Occupant Protection. This proof 
must include detailed descriptions of all modifications made to achieve 
conformity with those standards, including a detailed description of 
systems in place (if any) on the vehicle at the time it was delivered 
to the RI and a similarly detailed description of the systems in place 
after the vehicle is altered, including photographs of all required 
labeling. The description must also include parts assembly diagrams and 
associated part numbers for all components that were removed from or 
installed on the vehicle, a description of bow any computer programming 
changes were completed, and a description of bow compliance was 
verified after alterations were completed. Photographs (e.g., monitor 
print screen captures) or report printouts, as practicable, must be 
submitted as proof that any computer reprogramming was carried out 
successfully.
    In addition to the information specified above, each conformity 
package must also include evidence showing how the RI verified that any 
changes it made in loading or reprograming vehicle software to achieve 
conformity with each separate FMVSS did not 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 2014 Ferrari LaFerrari PCs that were not originally 
manufactured to comply with all applicable FMVSS are substantially 
similar to 2014 Ferrari LaFerrari PCs manufactured for importation into 
and/or sale in the United States, and certified under 49 U.S.C. 30115, 
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. 
VSP-609 is the vehicle eligibility number assigned to MY 2014 Ferrari 
LaFerrari PCs admissible under this notice of final decision.

    Authority: (49 U.S.C. 30141(a)(l)(A), (a)(l)(B), and (b)(l); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-08149 Filed 4-16-20; 8:45 am]
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