Notice of Receipt of Petition for Decision That Nonconforming 1995 Ferrari 456 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3806]

Notice of Receipt of Petition for Decision That Nonconforming

1995 Ferrari 456 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1995 Ferrari 456 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 decision that a 1995

Ferrari 456 that was not originally manufactured to comply with all

applicable Federal motor vehicle safety standards is eligible for

importation into the United States because (1) 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 (2) it is

capable of being readily altered to conform to the standards.

DATE: The closing date for comments on the petition is June 10, 1998.

ADDRESS: Comments should refer to the docket number and notice number,

and be submitted to: Docket Management, Room PL-401, 400 Seventh St.,

SW, Washington, DC 20590. [Docket hours are from 10 am to 5 pm]

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A), 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. 30115, 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.

J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer

90-006) has petitioned NHTSA to decide whether 1995 Ferrari 456

passenger cars are eligible for importation into the United States. The

vehicle which J.K. believes is substantially similar is the 1995

Ferrari 456 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.

[[Page 25896]]

The petitioner claims that it carefully compared the non-U.S.

certified 1995 Ferrari 456 to its U.S. certified counterpart, and found

the two vehicles to be substantially similar with respect to compliance

with most Federal motor vehicle safety standards.

J.K. submitted information with its petition intended to

demonstrate that the non-U.S. certified 1995 Ferrari 456, 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 altered to conform to those standards.

Specifically, the petitioner claims that the non-U.S. certified

1995 Ferrari 456 is identical to its U.S. certified counterpart with

respect to compliance 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, 109 New Pneumatic Tires, 113 Hood Latch Systems, 116 Brake

Fluid, 124 Accelerator Control Systems, 201 Occupant Protection in

Interior Impact, 202 Head Restraints, 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, 212 Windshield Retention, 216 Roof Crush

Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity,

and 302 Flammability of Interior Materials.

Petitioner also contends that the vehicle is capable of being

readily altered to meet the following standards, in the manner

indicated:

Standard No. 101 Controls and Displays: (a) inscription of the word

``Brake'' on the dash, in place of the international ECE warning

symbol; (b) replacement of the speedometer/odometer with one calibrated

in miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamps and front

sidemarker lights; (b) installation of U.S.-model taillamp assemblies

and rear sidemarker lights; (c) installation of a U.S.-model high-

mounted stop light assembly.

Standard No. 110 Tire Selection and Rims: installation of a tire

information placard.

Standard No. 111 Rearview Mirror: replacement of the passenger side

rearview mirror with a U.S.-model component.

Standard No. 114 Theft Protection: installation of a key

microswitch and a warning buzzer.

Standard No. 118 Power Window Systems: installation of a relay in

the power window system so that the window transport is inoperative

when the ignition is switched off.

Standard No. 208 Occupant Crash Protection: (a) installation of a

seat belt warning buzzer wired to the seat belt latch; (b) replacement

of the seat belts and the driver's and passenger's side air bags, knee

bolsters, control unit and sensors with U.S.-model components on

vehicles that are not so equipped. The petitioner states that the

vehicle is equipped with combination lap and shoulder restraints are

automatic, self-tensioning, and that release by means of a single red

push button at both front and rear outboard designated seating

positions.

Standard No. 214 Side Impact Protection: installation of door bars

on vehicles that are not so equipped.

With regard to compliance with the Bumper Standard found in 49 CFR

Part 581, the petitioner states that the bumpers and the support

structure for the bumpers on the non-U.S. certified 1995 Ferrari 456

are identical to those found on the vehicle's U.S. certified

counterpart. The petitioner notes, however, that some of these bumpers

may have to be replaced if they do not have holes cut into the side to

accommodate side marker lights.

The petitioner also states that a vehicle identification number

plate must be affixed to the vehicle to meet the requirements of 49 CFR

part 565.

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, S.W., 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: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;

delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: May 6, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-12439 Filed 5-8-98; 8:45 am]

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