Decision That Nonconforming 1992 Ferrari 348TB Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-54; Notice 2]

Decision That Nonconforming 1992 Ferrari 348TB Passenger Cars Are

Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1992 Ferrari

348TB passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1992 Ferrari

348TB passenger cars not originally manufactured to comply with all

applicable Federal motor vehicle safety standards are eligible for

importation into the United States because they are substantially

similar to a vehicle originally manufactured for importation into and

sale in the United States and certified by its manufacturer as

complying with the safety standards (the U.S.-certified version of the

1992 Ferrari 348TB), and they are capable of being readily altered to

conform to the standards.

DATES: This decision is effective December 16, 1994.

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i) of

the National Traffic and Motor Vehicle Safety Act (the Act)), a motor

vehicle that was not originally manufactured to conform to all

applicable Federal motor vehicle safety standards 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. 30115 (formerly section 114 of the Act), 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 Federal motor vehicle safety standards.

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.

Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered

Importer R-90-009) petitioned NHTSA to decide whether 1992 Ferrari

348TB passenger cars are eligible for importation into the United

States. NHTSA published notice of the petition on July 20, 1994 (59 FR

37126) to afford an opportunity for public comment.

As stated in that notice, the vehicle which Champagne claimed to be

substantially similar is the version of 1992 Ferrari 348TB that Ferrari

S.p.A. manufactured for importation into and sale in the United States

and certified as conforming to all applicable Federal motor vehicle

safety standards. The petitioner alleged that it had carefully compared

the two vehicles, and found them to be substantially similar with

respect to compliance with most applicable Federal motor vehicle safety

standards.

Specifically, the petitioner claimed that the non-U.S. certified

1992 Ferrari 348TB is identical to its U.S. certified counterpart with

respect to compliance with Standard Nos. 102 Transmission Shift Lever

Sequence . . . ., 103 Defrosting and Defogging Systems, 104 Windshield

Wiping and Washing Systems, 105 Hydraulic Brake Systems, 106 Brake

Hoses, 107 Reflecting Surfaces, 109 New Pneumatic Tires, 112 Headlamp

Concealment Devices, 113 Hood Latch Systems, 116 Brake Fluid, 124

Accelerator Control Systems, 201 Occupant Protection in Interior

Impact, 202 Head Restraints, 203 Impact Protection for the Driver Form

the Steering Control System, 204 Steering Control Rearward

Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention

Components, 207 Seating Systems, 210 Seat Belt Assembly Anchorages, 211

Wheel Nuts, Wheel Discs and Hubcaps, 212 Windshield Retention, 216 roof

Crush Resistance, 219 Windshield Zone Intrusion, and 302 Flammability

of Interior Materials.

Additionally, the petitioner stated that the non-U.S. certified

1992 Ferrari 348TB complies with the Bumper Standard found in 49 CFR

Part 581.

Petitioners also contended that the non-U.S. certified 1992 Ferrari

348TB is capable of being readily modified to meet the following

standards, in the manner indicated:

Standard No. 101 Controls and Displays: (a) substitution of a lens

marked ``Brake'' for a lens with an ECE symbol on the brake failure

indicator lamp; (b) installation of a seat belt warning lamp; (c)

recalibration of speedometer/odometer from kilometers to miles per

hour.

Standard No. 108 Lamps Reflective Devices and Associated Equipment:

(a) installation of U.S.-model headlamp assemblies which incorporate

sealed beam headlamps; (b) installation of front and rear sidemarker/

reflector assemblies; (c) installation of a high mounted stop lamp.

Standard No. 110 Tire Selection and Rims: installation of a tire

information placard.

Standard No. 111 Rearview Mirrors: replacement of the passenger

side rearview mirror, which is convex but lacks the required warning

statement.

Standard No. 114 Theft Protection: installation of a buzzer

microswitch and a warning buzzer in the steering lock electrical

assembly.

Standard No. 115 Vehicle Identification Number: Installation of a

VIN plate that can be read from outside the left windshield pillar, and

a VIN reference label on the edge of the door or latch post nearest the

driver.

Standard No. 118 Power-Operated Window System: rewiring of the

power window system so that the window transport is iniperative when

the ignition is switched off.

Standard No. 208 Occupant Crash Protection: (a) installation of an

ignition switch-actuated seat belt warning lamp and buzzer; (b)

installation of a passive restraint system consisting of driver and

passenger side automatic seat belt assemblies, tracks, and a control

unit that have part numbers identical to those found on the U.S.

certified 1992 Ferrari 348TB. The petitioner claimed that the lower

dash panel on the non-U.S. certified 1992 Ferrari 348TB is identical to

that found on its U.S. certified counterpart, and that a knee bolster

is not supplied on the U.S. certified vehicle.

Standard No. 209 Seat Belt Assemblies: installation of seat belts

labeled in accordance with the standard.

Standard No. 214 Side Door Strength: installation of reinforcing

beams.

Standard No. 301 Fuel System Integrity: installation of a rollover

valve in the fuel tank vent line between the fuel tank and the

evaporative emissions collection canister. The reader is referred to

that notice for a thorough description of the petition.

One comment was received in response to the notice of the petition,

from Fiat Auto U.S.A., Inc. (Fiat), the United States representative of

Ferrari. In its comment, Fiat stated that Ferrari, and other companies

within the Fiat Group, have invested considerable resources in the

design and production of vehicles that comply with the Federal motor

vehicle safety standards. Although it stated that it has not determined

what modifications are necessary to bring a vehicle into compliance

with the Federal safety standards, Fiat contended that it is not

possible to achieve such compliance by simply retrofitting a vehicle

built for the European market, without conducting extensive development

and testing.

NHTSA accorded Champagne an opportunity to respond to Fiat's

comment. In its response, Champagne stated that the entire passive

restraint system that it proposes to install in the non-U.S. certified

1992 Ferrari 348TB, including the control unit and the wiring harness,

is available from Ferrari in kit form. Champagne further stated that it

is simple to install this equipment because all mounting points are

supplied on the non-U.S. certified vehicle.

As they have been performed with relative ease on thousands of

vehicles imported over the years, none of the other modifications

described in the petition would preclude NHTSA from determining that

the non-U.S. certified 1992 Ferrari 348TB is eligible for importation.

NHTSA has accordingly decided to grant the petition.

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 86 is the vehicle eligibility number assigned to vehicles

admissible under this decision.

Final Determination

Accordingly, on the basis of the foregoing, NHTSA hereby decides

that a 1992 Ferrari 348TB not originally manufactured to comply with

all applicable Federal motor vehicle safety standards is substantially

similar to a 1992 Ferrari 348TB originally manufactured for importation

into and sale in the United States and certified under 49 U.S.C. 30115,

and is capable of being readily altered to conform to all applicable

Federal motor vehicle safety standards.

Authority: 49 U.S.C. 30141(a)(10(A) and (b)(1); 49 CFR 593.8;

delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: December 13, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-31014 Filed 12-15-94; 8:45 am]

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