Notice of Receipt of Petition for Determination that Nonconforming 1985 Ferrari 412 Passenger Cars Are Eligible for Importation

Topics:  Ferrari 412

William A. Boehly
National Highway Traffic Safety Administration
April 25, 1994

[Federal Register Volume 59, Number 79 (Monday, April 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-9920]


[[Page Unknown]]

[Federal Register: April 25, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-27; Notice 1]

 

Notice of Receipt of Petition for Determination that 
Nonconforming 1985 Ferrari 412 Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that 
nonconforming 1985 Ferrari 412 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 
1985 Ferrari 412 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 has safety features that 
comply with, or are capable of being modified to comply with, all such 
standards.

DATES: The closing date for comments on the petition is May 25, 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 section 108(c)(3)(A)(i)(I) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i)(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. Where there is no substantially 
similar U.S.-certified motor vehicle, 108(c)(3)(A)(i)(II) of the Act, 
15 U.S.C. 1397(c)(3)(A)(i)(II), permits a nonconforming motor vehicle 
to be admitted into the United States if its safety features comply 
with, or are capable of being modified to comply with, all applicable 
Federal motor vehicle safety standards based on destructive test data 
or such other evidence as NHTSA determines to be adequate.
    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.
    G&K Automotive Conversion, Inc. of Santa Ana, California 
(Registered Importer No. R-90-007) has petitioned NHTSA to determine 
whether 1985 Ferrari 412 passenger cars are eligible for importation 
into the United States. The petitioner contends that this vehicle is 
eligible for importation under section 108(c)(3)(A)(i)(II) of the Act, 
15 U.S.C. 1397(c)(3)(A)(i)(II), because it has safety features that 
comply with, or are capable of being modified to comply with, all 
applicable Federal motor vehicle safety standards.
    Specifically, the petitioner claims that the 1985 Ferrari 412 has 
safety features that comply 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, 113 Hood 
Latch Systems, 116 Brake Fluids, 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, 212 Windshield Retention, 216 Roof Crush Resistance, 
219 Windshield Zone Intrusion, and 302 Flammability of Interior 
Materials.
    The petitioner further contends that the vehicle is capable of 
being readily modified 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) placement of a hazard symbol on the hazard light 
system switch; (c) 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; (b) 
installation of front and rear sidemarkers; (c) installation of a high-
mounted stop lamp.
    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.
    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.
    Standard No. 118 Power-Operated Window Systems: Rewiring of the 
power window system so that the window transport is inoperative when 
the ignition is switched off.
    Standard No. 208 Occupant Crash Protection: (1) Replacement of the 
existing Type 1 rear seat belts with U.S.-model belts equipped with 
retractors; (2) installation of a seat belt warning buzzer.
    Standard No. 214 Side Door Strength: installation of reinforcing 
beams.
    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.
    Additionally, the petitioner claims that energy absorbing shock 
absorbers must be added to the front and rear bumpers of the 1985 
Ferrari 412 to comply with the Bumper Standard found in 49 CFR part 
581.
    Interested persons are invited to submit comments on the petition 
described. 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)(II) and (C)(ii); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on April 18, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-9920 Filed 4-22-94; 8:45 am]
BILLING CODE 4910-59-M