[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Notices]
[Pages 14479-14480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6703]
-----------------------------------------------------------------------
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
