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 FMVSS 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 FMVSS.

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 ( printed page 47491) received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register .

J.K. Technologies LLC (JK) of Baltimore, Maryland (Registered Importer R-90-006) has petitioned NHTSA to decide whether nonconforming MY 1994 and 1995 Lamborghini Diablo SE30 PCs are eligible for importation into the United States. The vehicles which JK believes are substantially similar are MY 1994 and 1995 Lamborghini Diablo SE30 PCs sold in the United States and certified by their manufacturer as conforming to all applicable FMVSS.

The petitioner claims that it compared non-U.S. certified MY 1994 and 1995 Lamborghini Diablo SE30 PCs to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS.

JK submitted information with its petition intended to demonstrate that non-U.S. certified MY 1994 and 1995 Lamborghini Diablo SE30 PCs, as originally manufactured, conform to many applicable FMVSS 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 the non U.S.-certified MY 1994 and 1995 Lamborghini Diablo SE30 PCs, as originally manufactured, conform to: Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and Washing Systems, 105 Hydraulic and Electric Brake Systems, 106 Brake Hoses, 109 New pneumatic and certain specialty tires, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 124 Accelerator Control Systems, 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, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, and 302 Flammability of Interior Materials.

The petitioner also contends that the subject non-U.S certified vehicles are capable of being readily altered to meet the following standards, in the manner indicated:

Standard No. 101 Controls and Displays: Replacement of the original instrument cluster with the U.S. model component and reprogramming the associated software as described in the petition.

Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Replacement of the front and rear side marker lamps, headlamps, taillamps and stop lamps with U.S.-conforming components.

Standard No. 110 Tire Selection and Rims: Installation of the required tire information placard.

Standard No. 111 Rearview Mirrors: Inscription of the required warning statement on the face of the passenger side rearview mirror or replacement of the mirror with a U.S. model mirror.

114  Theft protection: A U.S. model center console control system will be added to activate the key warning and belt warning systems.

118  Power-Operated Window, Partition, and Roof panel System: A U. S. model center console control system will be added to activate the key warning and belt warning systems.

Standard No. 208 Occupant Crash Protection: Replacement of passive restraint system, electrical wiring harness, passenger's side seat belt, seatbelt tracks and electronic control unit (ECU) with U.S. model components as described in the petition.

Standard No. 209 Seat Belt Assemblies: Replacement of the passenger seat belt assembly with U.S. model components.

Standard No. 301 Fuel System Integrity: Replacement of fuel system components with U.S. model components as necessary to meet all applicable requirements of the standards.

The petitioner additionally states that a vehicle identification plate must be affixed to the vehicle near the left windshield pillar to meet the requirements of 49 CFR part 565.

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 addresses 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), (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.