[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Notices]
[Page 20157-20158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-158]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-16356; Notice 3]
Decision That Nonconforming 2002 and 2003 Ferrari 575 Passenger
Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of decision by National Highway Traffic Safety
Administration that nonconforming 2002 and 2003 Ferrari 575 passenger
cars are eligible for importation.
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SUMMARY: 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.
DATES: This decision was effective December 16, 2003. The agency
notified the petitioner at that time that the subject vehicles are
eligible for
[[Page 20158]]
importation. This document provides public notice of the eligibility
decision.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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.
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.
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.
Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E6-5790 Filed 4-18-06; 8:45 am]
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