Receipt of Petition for Determination That Nonconforming 1970 Ferrari 365 GT 2+2 Passenger Cars Are Eligible for Importation

Topics:  Ferrari 365 GT

William A. Boehly
National Highway Traffic Safety Administration
January 27, 1994

[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-1668]


[[Page Unknown]]

[Federal Register: January 27, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-05; Notice 1]

 

Receipt of Petition for Determination That Nonconforming 1970 
Ferrari 365 GT 2+2 Passenger Cars Are Eligible for Importation

agency: National Highway Traffic Safety Administration, DOT.

action: Notice of receipt of petition for determination that 
nonconforming 1970 Ferrari 365 GT 2+2 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 determination that a 
1970 Ferrari 365 GT 2+2 that was not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards is eligible 
for importation into the United States because it is substantially 
similar to a vehicle that was originally manufactured for importation 
into and sale in the United States and that was certified by its 
manufacturer as complying with the safety standards, and it is capable 
of being readily modified to conform to the standards.

dates: The closing date for comments on the petition is February 28, 
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 Street SW., 
Washington, DC 20590. (Docket hours are from 9:30 a.m. to 4 p.m.)

for further information contact: Ted Bayler, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5306).

supplementary information:

Background

    Under section 108(c)(3)(A)(i) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), 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 on and after January 31, 1990, unless 
NHTSA has determined that the motor vehicle is substantially similar to 
a motor vehicle originally manufactured for importation into and sale 
in the United States, certified under 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 modified to conform to all applicable 
Federal motor vehicle safety standards.
    Petitions for eligibility determinations 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 determines, 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 determination 
in the Federal Register.
    J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered 
Importer No. R-90-006) has petitioned NHTSA to determine whether 1970 
Ferrari 365 GT 2+2 passenger cars are eligible for importation into the 
United States. The vehicle which J.K. believes is substantially similar 
is the 1970 Ferrari 365 GT 2+2 that was manufactured for importation 
into and sale in the United States and certified by its manufacturer as 
conforming to all applicable Federal motor vehicle safety standards.
    The petitioner stated that it carefully compared the non-U.S. 
certified version of the 1970 Ferrari 365 GT 2+2 to its U.S. certified 
counterpart, and found that the two vehicles are substantially similar 
with respect to compliance with most applicable Federal motor vehicle 
safety standards.
    J.K. submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1970 Ferrari 365 GT 2+2, as 
originally manufactured, conforms to many Federal motor vehicle safety 
standards in the same manner as its U.S. certified counterpart, or is 
capable of being readily modified to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1970 Ferrari 365 GT 2+2 is identical to its U.S. certified counterpart 
with respect to compliance with Standard Nos. 102 Transmission Shift 
Leave Sequence * * *, 103 Defrosting and Defogging System, 104 
Windshield Wiping and Washing Systems, 105 Hydraulic Brake Systems, 106 
Brake Hoses, 107 Reflecting Surfaces, 109 New Pneumatic Tires, 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, and 211 Wheel Nuts, 
Wheel Discs and Hubcaps.
    Petitioner also contends that the non-U.S. certified 1970 Ferrari 
365 GT 2+2 is capable of being readily modified to meet the following 
standards, in he 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 headlamp assemblies which 
incorporate sealed beam headlamps and front sidemarkers; (b) 
installation of U.S.-model taillamp assemblies which incorporate rear 
sidemarkers.
    Standard No. 110  Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111  Rearview Mirrors: Replacement of the passenger 
side rearview mirror, which is convex but lacks the required warning 
statement.
    Standard No. 114  Theft Protection: Installation of a buzzer 
microswitch in the steering lock assembly, and a warning buzzer.
    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. 208  Occupant Crash Protection: Installation of a seat 
belt warning buzzer.
    Standard No. 301  Fuel System Integrity: Installation of a rollover 
valve in the fuel tank vent line between the fuel tank and the 
evaporative emissions collection canister.
    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 SW., 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: 15 U.S.C. 1397(c)(3) (A)(i)(I) and (C)(ii); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: January 14, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-1668 Filed 1-26-94; 8:45 am]
BILLING CODE 4910-59-M