[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