[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28253]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-92; Notice 1]

 

Notice of Receipt of Petition for Decision That Nonconforming 
1972 and 1973 Ferrari Daytona 365 GTB/4 Passenger Cars are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of Receipt of petition for decision that nonconforming 
1972 and 1973 Ferrari Daytona 365 GTB/4 passenger cars are eligible for 
importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a decision that 1972 
and 1973 Ferrari Daytona 365 GTB/4 passenger cars that were not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards are eligible for importation into the United 
States because (1) they are substantially similar to vehicles that were 
originally manufactured for importation into and sale in the United 
States and that were certified by their manufacturer as complying with 
the safety standards, and (2) they are capable of being readily altered 
to conform to the standards.

DATES: The closing date for comments on the petition is December 16, 
1994.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Section, Room 5109, National 
Highway Traffic Safety Administration, 400 Seventh St., SW, Washington, 
DC 20590. [Docket hours are from 9:30 am to 4 pm].

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)(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 vehicles 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 published 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 published this decision in 
the Federal Register.
    J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered 
Importer 90-006) has petitioned NHTSA to decide whether 1972 and 1973 
Ferrari Daytona 365 GTB/4 passenger cars are eligible for importation 
into the United States. The vehicles that J.K. believes are 
substantially similar are the 1972 and 1973 Ferrari Daytona 365 GTB/4 
passenger cars that were manufactured for importation into, and sale 
in, the United States and certified by their manufacturer as conforming 
to all applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared the non-U.S. 
certified 1972 and 1973 Ferrari Daytona 365 GTB/4 passenger cars to 
their U.S. certified counterparts, and found the vehicles to be 
substantially similar with respect to compliance with most Federal 
motor vehicle safety standards.
    J.K. submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1972 and 1973 Ferrari Daytona 
365 GTB/4 passenger cars, as originally manufactured, conform to many 
Federal motor vehicle safety standards in the same manner as their U.S. 
certified counterparts, or are capable of being readily altered to 
conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1972 and 1973 Ferrari Daytona 365 GTB/4 passenger cars are identical to 
their U.S. certified counterparts with respect to compliance with 
standards 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 From the Steering 
Control System, 204 Steering Control Rearward Displacement, 205 Glazing 
Materials, 206 Door Locks and Door Retention Components, 207 Seating 
Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 
211 Wheel Nuts, Wheel Discs and Hubcaps, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, 301 Fuel Systems, Integrity, and 302 
Flammability of Interior Materials.
    Petitioner also contends that the vehicles are capable of being 
readily altered 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) recalibration of the speedometer/odometer from 
kilometers to miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model sealed beam headlamps and 
front sidemarkers; (b) installation of U.S.-model taillamp lenses which 
incorporate rear sidemarkers.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: replacement of the passenger side 
rearview mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: installation of a warning buzzer 
microswitch and a warning buzzer in the steering lock 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 Window System: installation of a relay in 
the power window system so that the window transport is inoperative 
when the ignition is switched off.
    Standard No. 208 Occupant Crash Protection: installation of a seat 
belt warning light and buzzer.
    Standard No. 214 Side Door Strength: installation of door bars on 
the 1973 Ferrari Daytona 365 GTB/4.
    Additionally, the petitioner states that reinforcement bars may 
have to be installed behind the bumpers on some non-U.S. certified 1972 
and 1973 Ferrari Daytona 365 GTB/4 passenger cars to comply with the 
Bumper Standard found in 49 CFR Part 581.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Section, National Highway Traffic Safety 
Administration, Room 5109, 400 Seventh Street, S.W., Washington, DC 
20590. It is requested but not required that 10 copies be submitted.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    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.

    Issued on: November 9, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-28253 Filed 11-15-94; 8:45 am]
BILLING CODE 4910-59-M