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 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.

-----------------------------------------------------------------------

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