[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28253]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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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
