Decision That Nonconforming 1973 Ferrari Dino 246 GTS Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-98; Notice 2]

Decision That Nonconforming 1973 Ferrari Dino 246 GTS Passenger

Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1973 Ferrari

Dino 246 GTS passenger cars are eligible for importation.

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

SUMMARY: This notice announces the decision by NHTSA that 1973 Ferrari

Dino 246 GTS 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 a vehicle originally manufactured for importation into and

sale in the United States and certified by its manufacturer as

complying with the safety standards (the U.S.-certified version of the

1973 Ferrari Dino 246 GTS), and they are capable of being readily

altered to conform to the standards.

DATES: This decision is effective March 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-

5306). [[Page 14480]]

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 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.

G&K Automotive Conversion, Inc., of Santa Ana, California

(Registered Importer R-90-007) petitioned NHTSA to decide whether 1973

Ferrari Dino 246 GTS passenger cars are eligible for importation into

the United States. NHTSA published notice of the petition on December

28, 1994 (59 FR 67002) 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 1973

Ferrari Dino 246 GTS passenger cars are incapable of being readily

altered to conform to the standards, there was no basis for NHTSA to

solicit a response from the petitioner. 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 1973 Ferrari Dino 246

GTS 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 on the form HS-7 accompanying entry the appropriate vehicle

eligibility number indicating that the vehicle is eligible for entry.

VSP 107 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 a 1973 Ferrari Dino 246 GTS not originally manufactured to comply

with all applicable Federal motor vehicle safety standards is

substantially similar to a 1973 Ferrari Dino 246 GTS originally

manufactured for importation into and sale in the United States and

certified under 49 U.S.C. Sec. 30115, and is capable of being readily

altered to conformed to all applicable Federal motor vehicle safety

standards.

Authority: 49 U.S.C. 3014(a)(1)(A) and (b)(1); 49 CFR 593.8;

delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: March 14, 1995.

Harry Thompson,

Acting Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-6703 Filed 3-16-95; 8:45 am]

BILLING CODE 4910-59-M