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Federal Register / Vol. 71, No.

106 / Friday, June 2, 2006 / Notices 32189

bring the vehicle into compliance with responded that it intended to perform eligible for entry. VSP–433 is the
the standard. AMC responded that it modifications identical to those vehicle eligibility number assigned to
was aware of the need for replacing 16 identified as needed to conform vehicles vehicles admissible under this notice of
interior components, but could not in the earlier production run. final decision.
provide technical information regarding NHTSA’s Analysis: Because FNA
described the 2001 and 2002 models as Final Decision
the components that it intended to
purchase from J.K. Technologies, being identical with respect to their Accordingly, on the basis of the
another RI, on account of a conformance with all applicable FMVSS foregoing, NHTSA decided that 2002
nondisclosure agreement that it had and AMC did not take issue with this Ferrari Spider and Coupe passenger cars
entered with that company. representation, the agency has manufactured from September 1, 2002
NHTSA’s Analysis: The modifications concluded that the following through December 31, 2002 that were
AMC identified as needed to conform modifications, which were identified as not originally manufactured to comply
the vehicle to the standard would not need to conform the 2002 Ferrari 360 with all applicable FMVSS, are
prelude the vehicle from being deemed Spider and Coupe passenger cars substantially similar to 2002 Ferrari
eligible for importation. Conformity manufactured before September 1, 2002 Spider and Coupe passenger cars
packages submitted for vehicles to the requirements of the standard, are manufactured from September 1, 2002
imported under the decision must appropriate for the those manufactured through December 31, 2002 originally
demonstrate that the vehicle is from September 1, 2002 through manufactured for importation into and
equipped with components that allow it December 31, 2002 as well: sale in the United States and certified
to achieve compliance with the (a) replacement of the fuel/vapor under 49 U.S.C. 30115, and are capable
standard. Any modification or separator, rollover valve, filler neck, of being readily altered to conform to all
replacement of components necessary to vapor lines, evaporative (charcoal) applicable FMVSS.
meet the requirements of the standard canister, air pump, and associated Authority: 49 U.S.C. 30141(a)(1)(A) and
must be shown to bring the vehicle into hardware on non-U.S. certified versions (b)(1); 49 CFR 593.8; delegations of authority
compliance. Such proof must be of the vehicle to make them identical to at 49 CFR 1.50 and 501.8.
submitted by an RI as part of any those in the U.S. certified version;
conformity package submitted for 2002 (b) modification of the U.S.-model Claude H. Harris,
Ferrari Spider and Coupe passenger cars filler neck so that it can be attached to Director, Office of Vehicle Safety Compliance.
manufactured from September 1, 2002 the non-U.S.-model tank; and [FR Doc. E6–8539 Filed 6–1–06; 8:45 am]
through December 31, 2002. (c) relocation of the charcoal canister, BILLING CODE 4910–59–P
Addressing the issue that FNA raised air pump, fuel filler neck, and rollover
regarding the purchase by one RI of valve so that they are in essentially the
components manufactured or modified same position as those components DEPARTMENT OF TRANSPORTATION
by another RI, the agency notes that if found on the U.S. certified vehicle.
the supplier has proven to the agency’s (3) FMVSS No. 401 Interior Trunk National Highway Traffic Safety
satisfaction, either through a import Release: The petition stated that an Administration
eligibility petition that was granted by extra cable and actuator must be
the agency or through a conformity installed on the hood latch in order to [Docket No. NHTSA–2003–15681; Notice 3]
package that the agency approved, that allow an occupant to unlatch the hood
a vehicle complies with the standard from within the trunk, as required by Decision That Nonconforming 2003
when equipped with the components at the standard. FNA disagreed that the Ferrari Spider and Coupe Passenger
issue, the agency will allow the modifications described in the petition Cars Are Eligible for Importation
purchasing RI to demonstrate would bring the vehicle into compliance
conformance by the installation of those with all applicable requirements of AGENCY: National Highway Traffic
components. This necessarily assumes paragraph S4.3(b)(1) of the standard. Safety Administration, DOT.
the vehicle for which the supplying RI AMC responded by stating that it will ACTION: Notice of decision by the
has manufactured or modified the install U.S.-model components so that National Highway Traffic Safety
components is of the same make, model, the non-U.S.-certified vehicle complies Administration that nonconforming
and model year as the vehicle on which with the standard in the same manner 2003 Ferrari Spider and Coupe
the component is to be installed, or if as the U.S.-certified vehicle. passenger cars are eligible for
the vehicle is of a different model year, NHTSA’s Analysis: Because AMC’s importation.
there were no changes affecting agreement to install U.S.-model
compliance with the standard at issue components resolves the issue raised by SUMMARY: This document announces a
between that model year and the model FNA, the agency has concluded that the decision by the National Highway
year of the vehicle for which the vehicles are capable of being readily Traffic Safety Administration (NHTSA)
component is purchased. altered in that manner to meet the that certain 2003 Ferrari Spider and
(2) FMVSS No. 301 Fuel System requirements of the standard. Coupe passenger cars that were not
Integrity: The petition identified a originally manufactured to comply with
number of fuel system components in Conclusion all applicable Federal motor vehicle
the non-U.S. certified model that must In view of the above considerations, safety standards (FMVSS) are eligible
be replaced with U.S.-model NHTSA decided to grant the petition. for importation into the United States
components to achieve compliance with because they are substantially similar to
the standard. FNA contended that the Vehicle Eligibility Number for Subject vehicles originally manufactured for
same modifications required for the Vehicles importation into and sale in the United
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2001 and 2002 Ferrari Spider and Coupe The importer of a vehicle admissible States and that were certified by their
passenger cars manufactured before under any final decision must indicate manufacturer as complying with the
September 1, 2002, be required for those on the form HS–7 accompanying entry safety standards (the U.S. certified
manufactured from September 1, 2002 the appropriate vehicle eligibility version of the 2003 Ferrari Spider and
through December 31, 2002. AMC number indicating that the vehicle is Coupe passenger cars), and they are

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32190 Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices

capable of being readily altered to Standard. FNA observed that the non- conformance bond furnished at the time
conform to the standards. U.S. certified 2003 Ferrari 360 passenger of vehicle importation.
DATES: This decision was effective cars that are the subject of the instant As part of the import eligibility
October 31, 2003. The agency notified petition are identical, with respect to decision for 2002 Ferrari 360 passenger
the petitioner at that time that the their conformance to applicable FMVSS, cars manufactured before September 1,
subject vehicles are eligible for to the nonconforming 2002 Ferrari 360 2002, NHTSA specifically required
importation. This document provides passenger cars manufactured before replacement of bumper components
public notice of the eligibility decision. September 1, 2002 that NHTSA has with U.S.-model components based on
previously decided to be eligible for the petitioner’s assertion that it would
FOR FURTHER INFORMATION CONTACT:
importation, as reflected in a notice of perform such a replacement in lieu of
Coleman Sachs, Office of Vehicle Safety
decision published on April 3, 2003 at modifying the bumper components.
Compliance, NHTSA (202–366–3151).
68 FR 16346 (Docket No. NHTSA–2002– After that decision, G&K submitted to
SUPPLEMENTARY INFORMATION: the agency detailed descriptions of
13219). As a consequence, FNA
Background contended that if the agency were to bumper modifications that were deemed
grant import eligibility to 2003 Ferrari sufficient to bring the bumpers on 2001
Under 49 U.S.C. 30141(a)(1)(A), a
360 passenger cars, that decision would and 2002 Ferrari 360 passenger cars into
motor vehicle that was not originally conformance with the Bumper
manufactured to conform to all have to be made on the same basis as
the decision to grant import eligibility to Standard. G&K requested and was
applicable FMVSS shall be refused granted confidentiality with respect to
admission into the United States unless the 2002 models manufactured before
September 1, 2002. that information by NHTSA’s Chief
NHTSA has decided that the motor Counsel.
vehicle is substantially similar to a The agency gave G&K an opportunity
to respond to FNA’s comments. G&K Based on the showing that G&K made
motor vehicle originally manufactured with respect to non-U.S. certified 2002
for importation into and sale in the did not see the need to do so because
it believed that FNA had raised no Ferrari 360 passenger cars manufactured
United States, certified as required before September 1, 2002, NHTSA has
under 49 U.S.C. 30115, and of the same issues beyond the ones it raised in
response to the eligibility petition for concluded that the 2003 model vehicles
model year as the model of the motor that are the subject of the instant
vehicle to be compared, and is capable 2002 Ferrari 360 passenger cars
petition are also capable of being readily
of being readily altered to conform to all manufactured before September 1, 2002
modified to comply with the Bumper
applicable FMVSS. that was also submitted by G&K.
Standard.
Petitions for eligibility decisions may FNA’s comments and NHTSA’s (2) FMVSS No. 201 Occupant
be submitted by either manufacturers or analysis are set forth below for each of Protection in Interior Impact: The
importers who have registered with the issues that FNA raised. petition identified a number of interior
NHTSA pursuant to 49 CFR part 592. As (1) 49 CFR Part 581, Bumper trim components in the non-U.S.
specified in 49 CFR 593.7, NHTSA Standard: The petition stated that the certified model that must be either
publishes notice in the Federal Register front and rear bumper support replaced with U.S.-model components
of each petition that it receives, and structures in the non-U.S. certified or be modified to meet the standard.
affords interested persons an model must be reinforced in order to FNA contended that conformance with
opportunity to comment on the petition. comply with the Bumper Standard. FNA the standard could only be achieved by
At the close of the comment period, responded that the bumpers should be replacement of the components at issue,
NHTSA decides, on the basis of the replaced with U.S.-model bumper and not by their modification.
petition and any comments that it has components unless there is no doubt NHTSA’s Analysis: The modifications
received, whether the vehicle is eligible that G&K’s proposed reinforcements that G&K identified as necessary to
for importation. The agency then will meet the requirements of 49 CFR achieve conformance with the standard
publishes this decision in the Federal part 581. In addition, FNA pointed out would not prelude the vehicle from
Register. that NHTSA had specifically required being deemed eligible for importation.
G&K Automotive Conversion, Inc. of that the bumpers on nonconforming Conformity packages submitted for
Santa Ana, California 2002 Ferrari 360 passenger cars vehicles imported under the decision
(‘‘G&K’’)(Registered Importer 90–007), manufactured before September 1, 2002 must demonstrate that the vehicle is
petitioned NHTSA to decide whether must be replaced, and not merely equipped with components that allow it
2003 Ferrari Spider and Coupe modified to conform to the Bumper to conform to the standard. Any
passenger cars are eligible for Standard. modification or replacement of
importation into the United States. NHTSA’s Analysis: The agency notes components necessary to meet the
NHTSA published a notice of the that Bumper Standard compliance requirements of the standard must be
petition on August 1, 2003 (68 FR issues are not directly relevant to an shown to bring the vehicle into
45309) to afford an opportunity for import eligibility decision, as such a compliance. Such proof must be
public comment. The reader is referred decision is to be based on the capability submitted by an RI as part of any
to that notice for a thorough description of a non-U.S. certified vehicle to be conformity package submitted for 2003
of the petition. altered to conform to the FMVSS, and Ferrari 306 Spider and Coupe passenger
One comment was received in the Bumper Standard is not an FMVSS. cars.
response to the notice of petition, from However, because a vehicle that is not (3) FMVSS No. 208 Occupant Crash
Ferrari North America, Inc. (FNA), the originally manufactured to comply with Protection: The petition identified
U.S. representative of the vehicle’s the Bumper Standard must be modified various occupant crash protection
original manufacturer. FNA’s comment to comply with the standard before it components in the non-U.S. certified
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addressed issues it believed G&K had can be admitted permanently into the model that must be replaced with U.S.-
overlooked in describing alterations United States, conformance with the model components or modified to meet
necessary to conform 2003 Ferrari Bumper Standard must be shown in the the standard. FNA stated that the
Spider and Coupe passenger cars to a conformity package submitted to components at issue should only be
number of FMVSS and to the Bumper NHTSA to allow release of the DOT replaced with U.S.-model components

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Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices 32191

and not be modified to meet the eligible for entry. VSP–410 is the the Treasury, Financial Management
standard. vehicle eligibility number assigned to Service, Funds Management Division,
NHTSA’s Analysis: The modifications vehicles admissible under this decision. Surety Bond Branch, 3700 East-West
G&K identified as necessary to comply Highway, Room 6F01, Hyattsville, MD
with the standard would not prelude the Final Decision
20782.
vehicle from being deemed eligible for Accordingly, on the basis of the Dated: May 25, 2006.
importation. Conformity packages foregoing, NHTSA decided that 2003
Vivian L. Cooper,
submitted for vehicles imported under Ferrari Spider and Coupe passenger cars
that were not originally manufactured to Director, Financial Accounting and Services
the decision must demonstrate that the
Division, Financial Management Service.
vehicle is equipped with components comply with all applicable FMVSS, are
substantially similar to 2003 Ferrari [FR Doc. 06–5040 Filed 6–1–06; 8:45 am]
that allow it to conform to the standard.
Spider and Coupe passenger cars BILLING CODE 4810–35–M
Any modification or replacement of
components necessary to meet the originally manufactured for importation
requirements of the standard must be into and sale in the United States and
certified under 49 U.S.C. 30115, and are DEPARTMENT OF THE TREASURY
shown to bring the vehicle into
compliance. Such proof must be capable of being readily altered to Internal Revenue Service
submitted by an RI as part of any conform to all applicable FMVSS.
conformity package submitted for 2003 Authority: 49 U.S.C. 30141(a)(1)(A) and Open Meeting of the Joint Committee
Ferrari 306 Spider and Coupe passenger (b)(1); 49 CFR 593.8; delegations of authority of the Taxpayer Advocacy Panel
cars. at 49 CFR 1.50 and 501.8.
(4) FMVSS No. 301 Fuel System AGENCY: Internal Revenue Service (IRS)
Integrity: The petition identified a Claude H. Harris, Treasury.
number of fuel system components in Director, Office of Vehicle Safety Compliance.
ACTION: Notice.
the non-U.S. certified model that must [FR Doc. E6–8543 Filed 6–1–06; 8:45 am]
be replaced with U.S.-model BILLING CODE 4910–59–P SUMMARY: An open meeting of the Joint
components to achieve conformity with Committee of the Taxpayer Advocacy
the standard. FNA requested that the Panel will be conducted. The Taxpayer
same modifications required for 2002 DEPARTMENT OF THE TREASURY Advocacy Panel is reviewing public
Ferrari 360 Spider and Coupe passenger comment, ideas, and suggestions on
cars be required for the 2003 model as Fiscal Service improving customer service at the
well. Internal Revenue Service brought
NHTSA’s Analysis: Because FNA Surety Companies Acceptable on
forward by the Area and Issue
described the 2002 and 2003 models as Federal Bonds: Change in State of
Committees.
being identical with respect to their Incorporation—Firemen’s Insurance
conformance with all applicable FMVSS Company of Newark, NJ DATES: The meeting will be held
and G&K did not take issue with this Thursday, June 29, 2006, 1:30 to 5:30
AGENCY: Financial Management Service, p.m., Friday, June 30, 2006, 8:30 a.m. to
representation, the agency has Fiscal Service, Department of the
concluded that the following 5 p.m., and Saturday, July 1, 2006, 8 to
Treasury. 11:30 a.m., Mountain Time.
modifications, which were identified as ACTION: Notice.
needed to conform the 2002 model to FOR FURTHER INFORMATION CONTACT:
the requirements of the standard, are SUMMARY: This is Supplement No. 16 to Barbara Toy at 1–888–912–1227, or
appropriate for the 2003 model as well: the Treasury Department Circular 570, 414–297–1611.
(a) Replacement of the fuel/vapor 2005 Revision, published July 1, 2005, SUPPLEMENTARY INFORMATION: Notice is
separator, rollover valve, filler neck, at 70 FR 38502. hereby given pursuant to section
vapor lines, evaporative (charcoal) FOR FURTHER INFORMATION CONTACT: 10(a)(2) of the Federal Advisory
canister, air pump, and associated Surety Bond Branch at (202) 874–6850. Committee Act, 5 U.S.C. App. (1988)
hardware on non-U.S. certified versions that an open meeting of the Joint
SUPPLEMENTARY INFORMATION: Firemen’s
of the vehicle to make them identical to Committee of the Taxpayer Advocacy
those in the U.S. certified version; Insurance Company of Newark, New
Jersey has redomesticated from the state Panel (TAP) will be held Thursday, June
(b) modification of the U.S.-model
of New Jersey to the state of South 29, 2006, 1:30 to 5:30 p.m., Friday, June
filler neck so that it can be attached to
Carolina, effective January 1, 2006. 30, 2006, 8:30 a.m. to 5 p.m., and
the non-U.S.-model tank; and
Federal bond-approving officers Saturday, July 1, 2006, 8 to 11:30 a.m.,
(c) relocation of the charcoal canister,
should annotate their reference copies Mountain Time, at the Warwick Hotel in
air pump, fuel filler neck, and rollover
of the Treasury Department Circular 570 Denver, Colorado, 1776 Grant Street,
valve so that they are in essentially the
(‘‘Circular’’), 2005 revision, at 70 FR Denver, CO 80203. If you would like to
same position as those components
38518, to reflect this change. have the Joint Committee of TAP
found on the U.S. certified vehicle.
The Circular may be viewed and consider a written statement, please call
Conclusion downloaded through the Internet at 1–888–912–1227 or 414–231–2360, or
In view of the above considerations, http://www.fms.treas.gov/c570. A hard write Barbara Toy, TAP Office, MS–
NHTSA decided to grant the petition. copy may be purchased from the 1006MIL, 211 West Wisconsin Avenue,
Government Printing Office (GPO), Milwaukee, WI 53203–2221, or fax to
Vehicle Eligibility Number for Subject Subscription Service, Washington, DC, 414–231–2360, or you can contact us at
Vehicles telephone (202) 512–1800. When http://www.improveirs.org.
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The importer of a vehicle admissible ordering the Circular from GPO, use the The agenda will include the
under any final decision must indicate following stock number: 769–004– following: Monthly committee summary
on the form HS–7 accompanying entry 05219–0. report, discussion of issues brought to
the appropriate vehicle eligibility Questions concerning this notice may the joint committee, office reports, and
number indicating that the vehicle is be directed to the U.S. Department of discussion of next meeting.

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