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

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