Monday, May 28, 2007


2 The ‘‘Skyhook’’ strategy detaches the vehicle
body, as a sprung mass, from what is taking place
on the axles and wheels by calming the movement
of the body * * * In addition to improved comfort,
this provides for ‘‘optimal control of the vehicle
body at all times.’’ Page 10 of the petition.
Ferrari stated that its inability to sell
the F430 in the United States through
2007 would lead to a substantial loss of
sales and revenue. Ferrari stated that in
2004, sales of the 8-cylinder 360
models, those models being replaced by
the F430, accounted for 86 percent of its
U.S. sales. Ferrari projected that if it
were unable to sell the F430 model in
the U.S., it would realize a decrease in
net profit of approximately 44 million
Euros ($53,000,000) in 2007. Ferrari
stated that such consequences
demonstrate ‘‘substantial economic
hardship’’ within the meaning of 49
U.S.C. 30113(b)(3)(B)(i).
Ferrari has requested that additional
specific details regarding its finances
and financial forecasts be afforded
confidential treatment under 49 CFR
512.4, Asserting a claim for confidential
information. We have determined that
this information is to be afforded such
III. Why an Exemption Would Be in the
Public Interest
The petitioner put forth several
arguments in favor of a finding that the
requested exemption is consistent with
the public interest. Specifically:
1. Ferrari states that the vehicle is
equipped with a variety of ‘‘active
safety’’ systems beyond that required by
the FMVSSs and that these systems
‘‘significantly improve vehicle handling
and enhance controllability.’’ Such
systems include the Manettino control
system, which adjusts vehicle handling
and stability to specific driving
conditions; the Control Stability System,
an electronic stability control system;
Electro-Hydraulic Differential, a system
that manages torque distribution
between the two rear wheels to improve
stability; Continuous Damping Control,
a system that adjusts to road conditions
in order to improve braking; and ‘‘Sky-
Hook’’ strategy.2
2. The petitioner states that the F430
also has a variety of passive safety
features not required under the FMVSS,
including seat belt pretensioners and a
fuel system that complies with the
upgraded fuel system integrity
requirements in advance of the
compliance date.
3. Ferrari notes that the requirements
for which the F430 does not comply are
primarily designed to protect children
from injuries due to air bag deployment.
Ferrari argues that it is unlikely that
young children would be passengers in
the vehicles covered by the exemption.
4. Ferrari states that the F430 will
have a manual on/off switch for the
passenger air bag. Ferrari also notes that
a child restraint system that
automatically suppresses the passenger
air bag when properly installed would
be available upon request of a consumer
at no cost.
5. Ferrari states that the F430 was
designed and marketed as a high
performance, racing type vehicle, and
therefore would have negligible on-road
operation. Thus, Ferrari states, the
impact of the exemption is expected to
be minimal.
6. Ferrari argues that granting the
exemption would increase choices
available to the U.S. driving population
in the high-performance vehicle
7. The petitioner argues that granting
the exemption would maintain the
viability of U.S. firms associated with
the sales and maintenance associated
with the F430. Ferrari projects the F430
to be a major part of Ferrari sales in the
U.S. during the two-year period for
which an exemption has been
IV. How You May Comment on the
Ferrari Application
We invite you to submit comments on
the application described above. You
may submit comments [identified by the
DOT Docket number in the heading of
this document] by any of the following
• Web Site:
Follow the instructions for submitting
comments on the DOT electronic docket
site by clicking on ‘‘Help and
Information’’ or ‘‘Help/Info.’’
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
• Federal eRulemaking Portal: Go to Follow the
online instructions for submitting
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking. Note
that all comments received will be
posted without change to http://, including any personal
information provided.
Docket: For access to the docket in
order to read background documents or
comments received, go to http:// at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit
We shall consider all comments
received before the close of business on
the comment closing date indicated
below. To the extent possible, we shall
also consider comments filed after the
closing date. We shall publish a notice
of final action on the application in the
Federal Register pursuant to the
authority indicated below.
(49 U.S.C. 30113; delegations of authority at
49 CFR 1.50. and 501.8)
Issued on: November 18, 2005.
Roger A. Saul,
Director, Office of Crashworthiness
[FR Doc. E5–6551 Filed 11–25–05; 8:45 am]
National Highway Traffic Safety
[Docket No. NHTSA–2005–23083]
Notice of Receipt of Petition for
Decision That Nonconforming 2005
Lamborghini Murcielago Roadster
Passenger Cars Are Eligible for
AGENCY: National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2005
Lamborghini Murcielago roadster
passenger cars are eligible for
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2005
Lamborghini Murcielago roadster
passenger cars that were not originally
manufactured to comply with all

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