Notice of Receipt of Petition for Decision That Nonconforming 1999-2000 Ferrari 360 Modena Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-6081]

Notice of Receipt of Petition for Decision That Nonconforming

1999-2000 Ferrari 360 Modena Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1999-2000 Ferrari 360 Modena passenger cars are eligible for

importation.

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SUMMARY: This document announces receipt by the National Highway

Traffic Safety Administration (NHTSA) of a petition for a decision that

1999-2000 Ferrari 360 Modena passenger cars that were not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards are eligible for importation into the United States because

(1) they are substantially similar to vehicles that were originally

manufactured for importation into and sale in the United States and

that were certified by their manufacturer as complying with the safety

standards, and (2) they are capable of being readily altered to conform

to the standards.

DATES: The closing date for comments on the petition is September 13,

1999.

ADDRESSES: 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 9 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 1999-2000 Ferrari 360

Modena passenger cars are eligible for importation into the United

States. The vehicles which J.K. believes are substantially similar are

1999-2000 Ferrari 360 Modena passenger cars that were manufactured for

importation into, and sale in, the United States and certified by their

manufacturer as conforming to all applicable Federal motor vehicle

safety standards.

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

1999-2000 Ferrari 360 Modena passenger cars to their U.S.-certified

counterparts, and found the 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 non-U.S. certified 1999-2000 Ferrari 360 Modena

passenger cars, as originally manufactured, conform to many Federal

motor vehicle safety standards in the same manner as their U.S.

certified counterparts, or are capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that non-U.S. certified 1999-

2000 Ferrari 360 Modena passenger cars are identical to their U.S.

certified counterparts with respect to compliance with Standard Nos.

102 Transmission Shift Lever Sequence . . ., 103 Defrosting and

Defogging Systems, 104

[[Page 44263]]

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.

Additionally, the petitioner states that non-U.S. certified 1999-

2000 Ferrari 360 Modena passenger cars comply with the Bumper Standard

found in 49 CFR Part 581.

Petitioner also contends that the vehicles are capable of being

readily altered 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 a noncomplying symbol on the brake

failure indicator lamp; (b) replacement of the speedometer 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 lamps; (b) installation of U.S.-model taillamp assemblies

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

mounted stop lamp on vehicles that are not already so equipped.

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 warning buzzer

and a warning buzzer microswitch in the steering lock assembly.

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

safety belt warning buzzer, wired to the driver's seat belt latch; (b)

replacement of the driver's and passenger's side air bags, control

units, sensors, seat belts and knee bolsters with U.S.-model components

on vehicles that are not already so equipped. The petitioner states

that the vehicles are equipped at the front outboard seating positions

with combination lap and shoulder belts that are self tensioning and

capable of being released by means of a single red push-button.

Standard No. 214 Side Impact Protection: installation of U.S.-model

doorbars in vehicles that are not already so equipped.

The petitioner also states that a vehicle identification plate must

be affixed to the vehicle near the left windshield post and a reference

and certification label must be affixed in the area of the left front

door post 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 Management, Room PL-401, 400 Seventh St., SW,

Washington, DC 20590. [Docket hours are from 9 am to 5 pm.] 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: August 9, 1999.

Marilynne Jacobs,

Director, Office of Vehicle Safety

Windshield Retention, 216 Roof Crush Resistance, 219 Windshield Zone

Intrusion, 301 Fuel System Integrity, and 302 Flammability of Interior

Materials. Compliance.

[FR Doc. 99-20960 Filed 8-12-99; 8:45 am]

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