Determination That Nonconforming 1971 Ferrari Daytona 365 GTB 4 Passenger Cars Are Eligible for Importation

Topics:  Ferrari 365 GTB/4 Daytona

William A. Boehly
National Highway Traffic Safety Administration
Federal Register
April 5, 1994

[Federal Register: April 5, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-09; Notice 2]

 
Determination That Nonconforming 1971 Ferrari Daytona 365 GTB 4 
Passenger Cars Are Eligible for Importation

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

ACTION: Notice of determination by NHTSA that nonconforming 1971 
Ferrari Daytona 365 GTB 4 passenger cars are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1971 
Ferrari Daytona 365 GTB 4 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 1971 Ferrari Daytona 365 GTB 4), and they are capable of 
being readily modified to conform to the standards.

DATES: The determination is effective as of the date of its publication 
in the Federal Register.

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 must 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 (Registered Importer No. 
R-90-006) petitioned NHTSA to determine whether 1971 Ferrari Daytona 
365 GTB 4 passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on January 27, 1994 (59 
FR 3923) to afford an opportunity for public comment. The reader is 
referred to that notice for a thorough description of the petition. No 
comments were received in response to the notice. Based on its review 
of the information submitted by the petitioner, NHTSA has determined to 
grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final determination 
must indicate on the form HS-7 accompanying entry the appropriate 
vehicle eligibility number indicating that the vehicle is eligible for 
entry. VSP #61 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby determines 
that a 1971 Ferrari Daytona 365 GTB 4 not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards is 
substantially similar to a 1971 Ferrari Daytona 365 GTB 4 originally 
manufactured for importation into and sale in the United States and 
certified under section 114 of the National Traffic and Motor Vehicle 
Safety Act, and is capable of being readily modified to conform to all 
applicable Federal motor vehicle safety standards.

    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: March 30, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-8034 Filed 4-4-94; 8:45 am]
BILLING CODE 4910-59-M