[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Notices]
[Pages 5246-5247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1939]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-92; Notice 2]
Decision That Nonconforming 1972 and 1973 Ferrari Daytona 365
GTB/4 Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1972 and 1973
Ferrari Daytona 365 GTB/4 passenger cars are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1972 and 1973
Ferrari Daytona 365 GTB/4 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 vehicles originally manufactured for
importation into and sale in the United States and certified by their
manufacturer as complying with the safety standards (the U.S.-certified
versions of the 1972 and 1973 Ferrari Daytona 365 GTB/4), and they are
capable of being readily altered to conform to the standards.
DATES: This decision is effective as of January 26, 1995.
FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202)-366-5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. Sec. 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. Sec. 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.
J.K. Motors, Inc. of Kingsville, Maryland (Registered Importer R-
90-006) petitioned NHTSA to decide whether 1972 and 1973 Ferrari
Daytona 365 GTB/4 passenger cars are eligible for importation into the
United States. NHTSA published notice of the petition on November 16,
1994 (59 FR 59274) 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 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.
Because Fiat's comments did not specify how non-U.S. certified 1972
and 1973 Ferrari Daytona 365 GTB/4 passenger cars are incapable of
being readily altered to conform to the standards, there was no basis
for NHTSA to solicit a response from J.K. As they have been performed
with relative ease on thousands of vehicles imported over the years,
none of the modifications described in the petition would preclude
NHTSA from determining that non-U.S. certified 1972 and 1973 Ferrari
Daytona 365 GTB/4 passenger cars are 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 [[Page 5247]] on the form HS-7 accompanying entry the
appropriate vehicle eligibility number indicating that the vehicle is
eligible for entry. VSP 100 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 1972 and 1973 Ferrari Daytona 365 GTB/4 passenger cars not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards are substantially similar to 1972 and 1973
Ferrari Daytona 365 GTB/4 passenger cars originally manufactured for
importation into and sale in the United States and certified under 49
U.S.C. Sec. 30115, and are capable of being readily altered to conform
to all applicable Federal motor vehicle safety standards.
Authority: 49 U.S.C. 30141(a)(2)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: January 20, 1995.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 95-1939 Filed 1-25-95; 8:45 am]
BILLING CODE 4910-59-M