Decision That Nonconforming 1999 Ferrari 456GT and GTA Passenger Cars Are Eligible for Importation, 73061-73062 [E5-7021]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices
Within the last 12 months ODI has
received only 17 complaints regarding
either stalling or drivability issues with
these ignition coils. Within the last two
years ODI has received only 38
complaints. After the first CSC was sent
to dealerships on January 31, 2003, by
VW, the number of complaints
regarding this issue has rapidly
declined. (Figure 1)
Although the concerns of the
petitioner could theoretically lead to a
safety problem, two years of real-world
data shows very little risk due to the fact
that in the majority of events the engine
continues to operate at a reduced power
level. The absence of reported realworld crash experience is consistent
with the minimal consequence on the
vehicle control systems associated with
ignition coil failure. This is largely due
to the fact that the failure happens on
an individual coil and there is no trend
of multiple and simultaneous coil
failures that would tend to drive up the
rate of reported stalling events. Should
the vehicle stall, the power brake system
will maintain a reserve of two or more
brake pedal applications before
reverting to a manual braking
application mode. Any loss of power
steering assist will increase steering
effort at low speeds but at highway
speeds the increase in steering effort
will be minimal to none. Once the
vehicle operator becomes aware of the
problem (by experiencing a loss of
power due to one of the ignition coils
malfunctioning), he or she is able to take
precautionary and compensatory
measures and still maintain control of
the vehicle.
In sum, VW’s service campaign seems
to be effectively alleviating the problem
the petitioner has raised; the frequency
of the alleged defect has declined
considerably; and the alleged defect
does not, based on current evidence,
seem likely to lead to a significant safety
problem. In view of the foregoing, it is
unlikely that the NHTSA would issue
an order for the notification and remedy
of the alleged defect as defined by the
petitioner at the conclusion of the
investigation requested in the petition.
Therefore, in view of the need to
allocate and prioritize the NHTSA’s
limited resources to best accomplish the
agency’s safety mission, the petition is
denied.
Authority: 49 U.S.C. 30162(d); delegations
of authority at CFR 1.50 and 501.8.
Issued on: December 2, 2005.
Daniel Smith,
Associate Administrator for Enforcement.
[FR Doc. 05–23765 Filed 12–7–05; 8:45 am]
BILLING CODE 4910–59–P
VerDate Aug<31>2005
16:29 Dec 07, 2005
Jkt 208001
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2004–18478; Notice 2]
Decision That Nonconforming 1999
Ferrari 456GT and GTA Passenger
Cars Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of decision by National
Highway Traffic Safety Administration
that nonconforming 1999 Ferrari 456GT
and GTA passenger cars are eligible for
importation.
AGENCY:
SUMMARY: This document announces a
decision by the National Highway
Traffic Safety Administration (NHTSA)
that certain 1999 Ferrari 456GT and
GTA passenger cars that were not
originally manufactured to comply with
all applicable Federal motor vehicle
safety standards (FMVSS) are eligible
for importation into the United States
because they are substantially similar to
vehicles originally manufactured for
importation into and sale in the United
States and that were certified by their
manufacturer as complying with the
safety standards (the U.S. certified
version of the 1999 Ferrari 456GT and
GTA passenger cars), and they are
capable of being readily altered to
conform to the standards.
DATES: This decision was effective
September 24, 2004.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
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 as required
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
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
73061
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. Technologies, LLC (JK) of
Baltimore, Maryland (Registered
Importer 90–006), petitioned NHTSA to
decide whether 1999 Ferrari 456GT and
GTA passenger cars are eligible for
importation into the United States.
NHTSA published notice of the petition
on July 9, 2004 (69 FR 41570) to afford
an opportunity for public comment. The
reader is referred to that notice for a
thorough description of the petition.
One comment was received in
response to the notice of petition, from
Ferrari North America, Inc. (FNA), the
U.S. representative of Ferrari SpA, the
vehicle’s manufacturer. In its comment,
FNA contended that there are complex
issues concerning the conformance of
Ferrari GT and GTA passenger cars to
FMVSS Nos. 214 Side Impact Protection
and 216 Roof Crush Resistance. FNA
supported this contention by noting that
such issues had come to the fore in the
import eligibility decision covering
1997 and 1998 Ferrari 456 GT and GTA
passenger cars that was published on
April 16, 2004 (at 69 FR 20663). As a
consequence, FNA expressed concern
that the petitioner in this instance had
not fully documented its conclusions
with regard to both the need for
modifications to meet those two
standards and the methods by which
such modifications would be made if
they are deemed to be necessary. FNA
further noted that although the petition
had referred to FMVSS No. 216, no
mention of this standard was made in
the notice of petition published by the
agency. Lastly, FNA observed that the
petitioner did not supply the vehicle
identification number (VIN) of the
vehicle on which the petition was
based, despite agency instructions for
petitioning RIs to furnish this
information.
The agency referred FNA’s comments
to the petitioner, but received no
response. The agency notes that other
than observing that there are complex
issues concerning the conformance of
the vehicles with FMVSS Nos. 214 and
216, FNA provided no specifics to
support this position. More
significantly, FNA did not contend that
the vehicles are incapable of being
readily altered to comply with those
standards. As noted by FNA, the agency
has already concluded that 1997 and
1998 Ferrari GT and GTA passenger cars
are capable of being readily altered to
E:\FR\FM\08DEN1.SGM
08DEN1
73062
Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices
comply with FMVSS Nos. 214 and 216.
Based on the similarity of the 1997 and
1998 models to the 1999 model year
vehicles that are the subject of this
petition, the agency has no reason to
conclude that the 1999 models are not
similarly capable of being readily
altered to comply. FNA was correct in
observing that the agency, through
oversight, had neglected to include in
the notice of petition any discussion
regarding the vehicles’ compliance with
FMVSS No. 216. The notice should have
stated that the petition identified the
installation of braces bonded at the rear
roof corners as needed to conform the
vehicles to that standard. With regard to
the petitioner’s failure to provide a VIN
for the petitioned vehicle, the agency
notes that although it would prefer
petitioners to supply information of this
kind, there is no regulatory requirement
for them to do so.
Based on these considerations, the
agency decided to grant the petition.
As NHTSA concluded in its analysis
of the eligibility of the similar 1997 and
1998 Ferrari GT and GTA passenger
cars, the modifications proposed for the
1999 Ferrari GT and GTA passenger cars
indicate that the vehicles are capable of
being readily altered.
Vehicle Eligibility Number for Subject
Vehicles
The importer of a vehicle admissible
under any final decision must indicate
on the form HS–7 accompanying entry
the appropriate vehicle eligibility
number indicating that the vehicle is
eligible for entry. VSP–445 is the
vehicle eligibility number assigned to
vehicles admissible under this notice of
final decision.
Final Decision
Accordingly, on the basis of the
foregoing, NHTSA decided that 1999
Ferrari 456GT and GTA passenger cars
that were not originally manufactured to
comply with all applicable FMVSS are
substantially similar to 1999 Ferrari
456GT and GTA passenger cars
originally manufactured for importation
into and sale in the United States and
certified under 49 U.S.C. 30115, and are
capable of being readily altered to
conform to all applicable FMVSS.
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.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E5–7021 Filed 12–7–05; 8:45 am]
BILLING CODE 4910–59–P
VerDate Aug<31>2005
16:29 Dec 07, 2005
Jkt 208001
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
December 1, 2005.
The Department of the Treasury has
submitted the following public
information collection requirement(s) to
OMB for review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Copies of the
submission(s) may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11000, 1750
Pennsylvania Avenue, NW.,
Washington, DC 20220.
DATES: Written comments should be
received on or before January 9, 2006 to
be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–0013.
Type of Review: Extension.
Title: Notice Concerning Fiduciary
Relationship.
Form: IRS form 56.
Description: Form 56 is used to
inform the IRS that a person is acting for
another person in a fiduciary capacity
so that the IRS may mail tax notices to
the fiduciary concerning the persons for
whom he/she is acting. The data is used
to ensure that the fiduciary relationship
is established or terminated and to mail
or discontinue mailing designated tax
notices to the fiduciary.
Respondents: Business or other forprofit, Individuals or households.
Estimated Total Burden Hours:
292,800 hours.
OMB Number: 1545–0430.
Type of Review: Extension.
Title: Request for Prompt Assessment
Under Internal Revenue Code Section
6501(d).
Form: IRS form 4810.
Description: Form 4810 is used to
request a prompt assessment under IRC
Section 6501(d). IRS uses this form to
locate the return to expedite processing
of the taxpayer’s request.
Respondents: Business or other forprofit, Individual or households, Farms
and Federal Government.
Estimated Total Burden Hours: 2,000
hours.
OMB Number: 1545–0666.
Type of Review: Extension.
Title: Statement for Claiming Benefits
Provided by Section 911 of the Internal
Revenue Code.
Form: IRS form 673.
Description: Form 673 is completed
by a citizen of the United States and is
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
furnished to his or her employer in
order to exclude from income tax
withholding all or part of the wages
paid the citizen for services performed
outside the United States.
Respondents: Individual or
households.
Estimated Total Burden Hours: 71,000
hours.
OMB Number: 1545–1221.
Type of Review: Extension.
Title: EE–147–87 (final) Qualified
Separate Lines of Business.
Description: The affected public
includes employers who maintain
qualified employee retirement plans.
Where applicable, the employer must
furnish notice to the IRS that the
employer treats itself as operating
qualified separate lines of business and
some may request an IRS determination
that such lines satisfy administrative
security.
Respondents: Business or other forprofit.
Estimated Total Burden Hours: 899
hours.
OMB Number: 1545–1511.
Type of Review: Extension.
Title: REG–209828–96 (Final) Nuclear
Decommissioning Funds; Revised
Schedules of Ruling Amounts.
Description: The regulations revise
the requirements for requesting a
schedule or ruling amounts based on a
formula or method.
Respondents: Business or other forprofit.
Estimated Total Burden Hours: 100
hours.
OMB Number: 1545–1933.
Type of Review: Extension.
Title: Revenue Procedure 2005–28,
Granting Automatic Consent to Change
to the Alternative Tax Book Value
Method of Valuing Assets for Expense
Apportionment Purpose.
Form: IRS forms 1116 and 1118.
Description: This revenue procedure
provides the administrative procedure
under which an eligible taxpayer may
obtain automatic consent to change from
the fair market value method to the
alternative tax book value method to the
alternative tax book value method of
valuing assets for purpose of
apportioning expenses under section
1.861–9T(g) of the Temporary Income
Tax Regulations. The procedure applies
to changes in apportionment method
requested for taxable years beginning
between March 26, 2004 and March 25,
2006. The reporting and recordkeeping
requirements imposed by the revenue
procedure will enable the IRS to
identify eligibility to use the procedure
and the years for which the alternative
tax book value method is being adopted.
Likely respondents are corporations.
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 73061-73062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7021]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-18478; Notice 2]
Decision That Nonconforming 1999 Ferrari 456GT and GTA Passenger
Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of decision by National Highway Traffic Safety
Administration that nonconforming 1999 Ferrari 456GT and GTA passenger
cars are eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This document announces a decision by the National Highway
Traffic Safety Administration (NHTSA) that certain 1999 Ferrari 456GT
and GTA passenger cars that were not originally manufactured to comply
with all applicable Federal motor vehicle safety standards (FMVSS) are
eligible for importation into the United States because they are
substantially similar to vehicles originally manufactured for
importation into and sale in the United States and that were certified
by their manufacturer as complying with the safety standards (the U.S.
certified version of the 1999 Ferrari 456GT and GTA passenger cars),
and they are capable of being readily altered to conform to the
standards.
DATES: This decision was effective September 24, 2004.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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 as required 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 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 90-006), petitioned NHTSA to decide whether 1999 Ferrari 456GT
and GTA passenger cars are eligible for importation into the United
States. NHTSA published notice of the petition on July 9, 2004 (69 FR
41570) to afford an opportunity for public comment. The reader is
referred to that notice for a thorough description of the petition.
One comment was received in response to the notice of petition,
from Ferrari North America, Inc. (FNA), the U.S. representative of
Ferrari SpA, the vehicle's manufacturer. In its comment, FNA contended
that there are complex issues concerning the conformance of Ferrari GT
and GTA passenger cars to FMVSS Nos. 214 Side Impact Protection and 216
Roof Crush Resistance. FNA supported this contention by noting that
such issues had come to the fore in the import eligibility decision
covering 1997 and 1998 Ferrari 456 GT and GTA passenger cars that was
published on April 16, 2004 (at 69 FR 20663). As a consequence, FNA
expressed concern that the petitioner in this instance had not fully
documented its conclusions with regard to both the need for
modifications to meet those two standards and the methods by which such
modifications would be made if they are deemed to be necessary. FNA
further noted that although the petition had referred to FMVSS No. 216,
no mention of this standard was made in the notice of petition
published by the agency. Lastly, FNA observed that the petitioner did
not supply the vehicle identification number (VIN) of the vehicle on
which the petition was based, despite agency instructions for
petitioning RIs to furnish this information.
The agency referred FNA's comments to the petitioner, but received
no response. The agency notes that other than observing that there are
complex issues concerning the conformance of the vehicles with FMVSS
Nos. 214 and 216, FNA provided no specifics to support this position.
More significantly, FNA did not contend that the vehicles are incapable
of being readily altered to comply with those standards. As noted by
FNA, the agency has already concluded that 1997 and 1998 Ferrari GT and
GTA passenger cars are capable of being readily altered to
[[Page 73062]]
comply with FMVSS Nos. 214 and 216. Based on the similarity of the 1997
and 1998 models to the 1999 model year vehicles that are the subject of
this petition, the agency has no reason to conclude that the 1999
models are not similarly capable of being readily altered to comply.
FNA was correct in observing that the agency, through oversight, had
neglected to include in the notice of petition any discussion regarding
the vehicles' compliance with FMVSS No. 216. The notice should have
stated that the petition identified the installation of braces bonded
at the rear roof corners as needed to conform the vehicles to that
standard. With regard to the petitioner's failure to provide a VIN for
the petitioned vehicle, the agency notes that although it would prefer
petitioners to supply information of this kind, there is no regulatory
requirement for them to do so.
Based on these considerations, the agency decided to grant the
petition.
As NHTSA concluded in its analysis of the eligibility of the
similar 1997 and 1998 Ferrari GT and GTA passenger cars, the
modifications proposed for the 1999 Ferrari GT and GTA passenger cars
indicate that the vehicles are capable of being readily altered.
Vehicle Eligibility Number for Subject Vehicles
The importer of a vehicle admissible under any final decision must
indicate on the form HS-7 accompanying entry the appropriate vehicle
eligibility number indicating that the vehicle is eligible for entry.
VSP-445 is the vehicle eligibility number assigned to vehicles
admissible under this notice of final decision.
Final Decision
Accordingly, on the basis of the foregoing, NHTSA decided that 1999
Ferrari 456GT and GTA passenger cars that were not originally
manufactured to comply with all applicable FMVSS are substantially
similar to 1999 Ferrari 456GT and GTA passenger cars originally
manufactured for importation into and sale in the United States and
certified under 49 U.S.C. 30115, and are capable of being readily
altered to conform to all applicable FMVSS.
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.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E5-7021 Filed 12-7-05; 8:45 am]
BILLING CODE 4910-59-P
