[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]



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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.

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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