Decision That Nonconforming 2003 Ferrari Spider and Coupe Passenger Cars Are Eligible for Importation, 32189-32191 [E6-8543]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices bring the vehicle into compliance with the standard. AMC responded that it was aware of the need for replacing 16 interior components, but could not provide technical information regarding the components that it intended to purchase from J.K. Technologies, another RI, on account of a nondisclosure agreement that it had entered with that company. NHTSA’s Analysis: The modifications AMC identified as needed to conform the vehicle to the standard would not prelude the vehicle from being deemed eligible for importation. Conformity packages submitted for vehicles imported under the decision must demonstrate that the vehicle is equipped with components that allow it to achieve compliance with the standard. Any modification or replacement of components necessary to meet the requirements of the standard must be shown to bring the vehicle into compliance. Such proof must be submitted by an RI as part of any conformity package submitted for 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002. Addressing the issue that FNA raised regarding the purchase by one RI of components manufactured or modified by another RI, the agency notes that if the supplier has proven to the agency’s satisfaction, either through a import eligibility petition that was granted by the agency or through a conformity package that the agency approved, that a vehicle complies with the standard when equipped with the components at issue, the agency will allow the purchasing RI to demonstrate conformance by the installation of those components. This necessarily assumes the vehicle for which the supplying RI has manufactured or modified the components is of the same make, model, and model year as the vehicle on which the component is to be installed, or if the vehicle is of a different model year, there were no changes affecting compliance with the standard at issue between that model year and the model year of the vehicle for which the component is purchased. (2) FMVSS No. 301 Fuel System Integrity: The petition identified a number of fuel system components in the non-U.S. certified model that must be replaced with U.S.-model components to achieve compliance with the standard. FNA contended that the same modifications required for the 2001 and 2002 Ferrari Spider and Coupe passenger cars manufactured before September 1, 2002, be required for those manufactured from September 1, 2002 through December 31, 2002. AMC VerDate Aug<31>2005 18:05 Jun 01, 2006 Jkt 208001 responded that it intended to perform modifications identical to those identified as needed to conform vehicles in the earlier production run. NHTSA’s Analysis: Because FNA described the 2001 and 2002 models as being identical with respect to their conformance with all applicable FMVSS and AMC did not take issue with this representation, the agency has concluded that the following modifications, which were identified as need to conform the 2002 Ferrari 360 Spider and Coupe passenger cars manufactured before September 1, 2002 to the requirements of the standard, are appropriate for the those manufactured from September 1, 2002 through December 31, 2002 as well: (a) replacement of the fuel/vapor separator, rollover valve, filler neck, vapor lines, evaporative (charcoal) canister, air pump, and associated hardware on non-U.S. certified versions of the vehicle to make them identical to those in the U.S. certified version; (b) modification of the U.S.-model filler neck so that it can be attached to the non-U.S.-model tank; and (c) relocation of the charcoal canister, air pump, fuel filler neck, and rollover valve so that they are in essentially the same position as those components found on the U.S. certified vehicle. (3) FMVSS No. 401 Interior Trunk Release: The petition stated that an extra cable and actuator must be installed on the hood latch in order to allow an occupant to unlatch the hood from within the trunk, as required by the standard. FNA disagreed that the modifications described in the petition would bring the vehicle into compliance with all applicable requirements of paragraph S4.3(b)(1) of the standard. AMC responded by stating that it will install U.S.-model components so that the non-U.S.-certified vehicle complies with the standard in the same manner as the U.S.-certified vehicle. NHTSA’s Analysis: Because AMC’s agreement to install U.S.-model components resolves the issue raised by FNA, the agency has concluded that the vehicles are capable of being readily altered in that manner to meet the requirements of the standard. Conclusion In view of the above considerations, NHTSA decided to grant the petition. 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 PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 32189 eligible for entry. VSP–433 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 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002 that were not originally manufactured to comply with all applicable FMVSS, are substantially similar to 2002 Ferrari Spider and Coupe passenger cars manufactured from September 1, 2002 through December 31, 2002 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. E6–8539 Filed 6–1–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2003–15681; Notice 3] Decision That Nonconforming 2003 Ferrari Spider and Coupe Passenger Cars Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of decision by the National Highway Traffic Safety Administration that nonconforming 2003 Ferrari Spider and Coupe passenger cars are eligible for importation. SUMMARY: This document announces a decision by the National Highway Traffic Safety Administration (NHTSA) that certain 2003 Ferrari Spider and Coupe 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 2003 Ferrari Spider and Coupe passenger cars), and they are E:\FR\FM\02JNN1.SGM 02JNN1 32190 Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices capable of being readily altered to conform to the standards. DATES: This decision was effective October 31, 2003. The agency notified the petitioner at that time that the subject vehicles are eligible for importation. This document provides public notice of the eligibility decision. FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202–366–3151). SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES 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. G&K Automotive Conversion, Inc. of Santa Ana, California (‘‘G&K’’)(Registered Importer 90–007), petitioned NHTSA to decide whether 2003 Ferrari Spider and Coupe passenger cars are eligible for importation into the United States. NHTSA published a notice of the petition on August 1, 2003 (68 FR 45309) 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 the vehicle’s original manufacturer. FNA’s comment addressed issues it believed G&K had overlooked in describing alterations necessary to conform 2003 Ferrari Spider and Coupe passenger cars to a number of FMVSS and to the Bumper VerDate Aug<31>2005 18:05 Jun 01, 2006 Jkt 208001 Standard. FNA observed that the nonU.S. certified 2003 Ferrari 360 passenger cars that are the subject of the instant petition are identical, with respect to their conformance to applicable FMVSS, to the nonconforming 2002 Ferrari 360 passenger cars manufactured before September 1, 2002 that NHTSA has previously decided to be eligible for importation, as reflected in a notice of decision published on April 3, 2003 at 68 FR 16346 (Docket No. NHTSA–2002– 13219). As a consequence, FNA contended that if the agency were to grant import eligibility to 2003 Ferrari 360 passenger cars, that decision would have to be made on the same basis as the decision to grant import eligibility to the 2002 models manufactured before September 1, 2002. The agency gave G&K an opportunity to respond to FNA’s comments. G&K did not see the need to do so because it believed that FNA had raised no issues beyond the ones it raised in response to the eligibility petition for 2002 Ferrari 360 passenger cars manufactured before September 1, 2002 that was also submitted by G&K. FNA’s comments and NHTSA’s analysis are set forth below for each of the issues that FNA raised. (1) 49 CFR Part 581, Bumper Standard: The petition stated that the front and rear bumper support structures in the non-U.S. certified model must be reinforced in order to comply with the Bumper Standard. FNA responded that the bumpers should be replaced with U.S.-model bumper components unless there is no doubt that G&K’s proposed reinforcements will meet the requirements of 49 CFR part 581. In addition, FNA pointed out that NHTSA had specifically required that the bumpers on nonconforming 2002 Ferrari 360 passenger cars manufactured before September 1, 2002 must be replaced, and not merely modified to conform to the Bumper Standard. NHTSA’s Analysis: The agency notes that Bumper Standard compliance issues are not directly relevant to an import eligibility decision, as such a decision is to be based on the capability of a non-U.S. certified vehicle to be altered to conform to the FMVSS, and the Bumper Standard is not an FMVSS. However, because a vehicle that is not originally manufactured to comply with the Bumper Standard must be modified to comply with the standard before it can be admitted permanently into the United States, conformance with the Bumper Standard must be shown in the conformity package submitted to NHTSA to allow release of the DOT PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 conformance bond furnished at the time of vehicle importation. As part of the import eligibility decision for 2002 Ferrari 360 passenger cars manufactured before September 1, 2002, NHTSA specifically required replacement of bumper components with U.S.-model components based on the petitioner’s assertion that it would perform such a replacement in lieu of modifying the bumper components. After that decision, G&K submitted to the agency detailed descriptions of bumper modifications that were deemed sufficient to bring the bumpers on 2001 and 2002 Ferrari 360 passenger cars into conformance with the Bumper Standard. G&K requested and was granted confidentiality with respect to that information by NHTSA’s Chief Counsel. Based on the showing that G&K made with respect to non-U.S. certified 2002 Ferrari 360 passenger cars manufactured before September 1, 2002, NHTSA has concluded that the 2003 model vehicles that are the subject of the instant petition are also capable of being readily modified to comply with the Bumper Standard. (2) FMVSS No. 201 Occupant Protection in Interior Impact: The petition identified a number of interior trim components in the non-U.S. certified model that must be either replaced with U.S.-model components or be modified to meet the standard. FNA contended that conformance with the standard could only be achieved by replacement of the components at issue, and not by their modification. NHTSA’s Analysis: The modifications that G&K identified as necessary to achieve conformance with the standard would not prelude the vehicle from being deemed eligible for importation. Conformity packages submitted for vehicles imported under the decision must demonstrate that the vehicle is equipped with components that allow it to conform to the standard. Any modification or replacement of components necessary to meet the requirements of the standard must be shown to bring the vehicle into compliance. Such proof must be submitted by an RI as part of any conformity package submitted for 2003 Ferrari 306 Spider and Coupe passenger cars. (3) FMVSS No. 208 Occupant Crash Protection: The petition identified various occupant crash protection components in the non-U.S. certified model that must be replaced with U.S.model components or modified to meet the standard. FNA stated that the components at issue should only be replaced with U.S.-model components E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices and not be modified to meet the standard. NHTSA’s Analysis: The modifications G&K identified as necessary to comply with the standard would not prelude the vehicle from being deemed eligible for importation. Conformity packages submitted for vehicles imported under the decision must demonstrate that the vehicle is equipped with components that allow it to conform to the standard. Any modification or replacement of components necessary to meet the requirements of the standard must be shown to bring the vehicle into compliance. Such proof must be submitted by an RI as part of any conformity package submitted for 2003 Ferrari 306 Spider and Coupe passenger cars. (4) FMVSS No. 301 Fuel System Integrity: The petition identified a number of fuel system components in the non-U.S. certified model that must be replaced with U.S.-model components to achieve conformity with the standard. FNA requested that the same modifications required for 2002 Ferrari 360 Spider and Coupe passenger cars be required for the 2003 model as well. NHTSA’s Analysis: Because FNA described the 2002 and 2003 models as being identical with respect to their conformance with all applicable FMVSS and G&K did not take issue with this representation, the agency has concluded that the following modifications, which were identified as needed to conform the 2002 model to the requirements of the standard, are appropriate for the 2003 model as well: (a) Replacement of the fuel/vapor separator, rollover valve, filler neck, vapor lines, evaporative (charcoal) canister, air pump, and associated hardware on non-U.S. certified versions of the vehicle to make them identical to those in the U.S. certified version; (b) modification of the U.S.-model filler neck so that it can be attached to the non-U.S.-model tank; and (c) relocation of the charcoal canister, air pump, fuel filler neck, and rollover valve so that they are in essentially the same position as those components found on the U.S. certified vehicle. jlentini on PROD1PC65 with NOTICES Conclusion In view of the above considerations, NHTSA decided to grant the petition. 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 VerDate Aug<31>2005 18:05 Jun 01, 2006 Jkt 208001 eligible for entry. VSP–410 is the vehicle eligibility number assigned to vehicles admissible under this decision. Final Decision Accordingly, on the basis of the foregoing, NHTSA decided that 2003 Ferrari Spider and Coupe passenger cars that were not originally manufactured to comply with all applicable FMVSS, are substantially similar to 2003 Ferrari Spider and Coupe 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. E6–8543 Filed 6–1–06; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Fiscal Service Surety Companies Acceptable on Federal Bonds: Change in State of Incorporation—Firemen’s Insurance Company of Newark, NJ AGENCY: Financial Management Service, Fiscal Service, Department of the Treasury. ACTION: Notice. SUMMARY: This is Supplement No. 16 to the Treasury Department Circular 570, 2005 Revision, published July 1, 2005, at 70 FR 38502. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874–6850. SUPPLEMENTARY INFORMATION: Firemen’s Insurance Company of Newark, New Jersey has redomesticated from the state of New Jersey to the state of South Carolina, effective January 1, 2006. Federal bond-approving officers should annotate their reference copies of the Treasury Department Circular 570 (‘‘Circular’’), 2005 revision, at 70 FR 38518, to reflect this change. The Circular may be viewed and downloaded through the Internet at http://www.fms.treas.gov/c570. A hard copy may be purchased from the Government Printing Office (GPO), Subscription Service, Washington, DC, telephone (202) 512–1800. When ordering the Circular from GPO, use the following stock number: 769–004– 05219–0. Questions concerning this notice may be directed to the U.S. Department of PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 32191 the Treasury, Financial Management Service, Funds Management Division, Surety Bond Branch, 3700 East-West Highway, Room 6F01, Hyattsville, MD 20782. Dated: May 25, 2006. Vivian L. Cooper, Director, Financial Accounting and Services Division, Financial Management Service. [FR Doc. 06–5040 Filed 6–1–06; 8:45 am] BILLING CODE 4810–35–M DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Joint Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service (IRS) Treasury. ACTION: Notice. SUMMARY: An open meeting of the Joint Committee of the Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is reviewing public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service brought forward by the Area and Issue Committees. DATES: The meeting will be held Thursday, June 29, 2006, 1:30 to 5:30 p.m., Friday, June 30, 2006, 8:30 a.m. to 5 p.m., and Saturday, July 1, 2006, 8 to 11:30 a.m., Mountain Time. FOR FURTHER INFORMATION CONTACT: Barbara Toy at 1–888–912–1227, or 414–297–1611. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Joint Committee of the Taxpayer Advocacy Panel (TAP) will be held Thursday, June 29, 2006, 1:30 to 5:30 p.m., Friday, June 30, 2006, 8:30 a.m. to 5 p.m., and Saturday, July 1, 2006, 8 to 11:30 a.m., Mountain Time, at the Warwick Hotel in Denver, Colorado, 1776 Grant Street, Denver, CO 80203. If you would like to have the Joint Committee of TAP consider a written statement, please call 1–888–912–1227 or 414–231–2360, or write Barbara Toy, TAP Office, MS– 1006MIL, 211 West Wisconsin Avenue, Milwaukee, WI 53203–2221, or fax to 414–231–2360, or you can contact us at http://www.improveirs.org. The agenda will include the following: Monthly committee summary report, discussion of issues brought to the joint committee, office reports, and discussion of next meeting. E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32189-32191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8543]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-15681; Notice 3]


Decision That Nonconforming 2003 Ferrari Spider and Coupe 
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by the National Highway Traffic Safety 
Administration that nonconforming 2003 Ferrari Spider and Coupe 
passenger cars are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 2003 Ferrari Spider 
and Coupe 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 2003 Ferrari Spider and Coupe passenger cars), 
and they are

[[Page 32190]]

capable of being readily altered to conform to the standards.

DATES: This decision was effective October 31, 2003. The agency 
notified the petitioner at that time that the subject vehicles are 
eligible for importation. This document provides public notice of the 
eligibility decision.

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.
    G&K Automotive Conversion, Inc. of Santa Ana, California 
(``G&K'')(Registered Importer 90-007), petitioned NHTSA to decide 
whether 2003 Ferrari Spider and Coupe passenger cars are eligible for 
importation into the United States. NHTSA published a notice of the 
petition on August 1, 2003 (68 FR 45309) 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 the 
vehicle's original manufacturer. FNA's comment addressed issues it 
believed G&K had overlooked in describing alterations necessary to 
conform 2003 Ferrari Spider and Coupe passenger cars to a number of 
FMVSS and to the Bumper Standard. FNA observed that the non-U.S. 
certified 2003 Ferrari 360 passenger cars that are the subject of the 
instant petition are identical, with respect to their conformance to 
applicable FMVSS, to the nonconforming 2002 Ferrari 360 passenger cars 
manufactured before September 1, 2002 that NHTSA has previously decided 
to be eligible for importation, as reflected in a notice of decision 
published on April 3, 2003 at 68 FR 16346 (Docket No. NHTSA-2002-
13219). As a consequence, FNA contended that if the agency were to 
grant import eligibility to 2003 Ferrari 360 passenger cars, that 
decision would have to be made on the same basis as the decision to 
grant import eligibility to the 2002 models manufactured before 
September 1, 2002.
    The agency gave G&K an opportunity to respond to FNA's comments. 
G&K did not see the need to do so because it believed that FNA had 
raised no issues beyond the ones it raised in response to the 
eligibility petition for 2002 Ferrari 360 passenger cars manufactured 
before September 1, 2002 that was also submitted by G&K.
    FNA's comments and NHTSA's analysis are set forth below for each of 
the issues that FNA raised.
    (1) 49 CFR Part 581, Bumper Standard: The petition stated that the 
front and rear bumper support structures in the non-U.S. certified 
model must be reinforced in order to comply with the Bumper Standard. 
FNA responded that the bumpers should be replaced with U.S.-model 
bumper components unless there is no doubt that G&K's proposed 
reinforcements will meet the requirements of 49 CFR part 581. In 
addition, FNA pointed out that NHTSA had specifically required that the 
bumpers on nonconforming 2002 Ferrari 360 passenger cars manufactured 
before September 1, 2002 must be replaced, and not merely modified to 
conform to the Bumper Standard.
    NHTSA's Analysis: The agency notes that Bumper Standard compliance 
issues are not directly relevant to an import eligibility decision, as 
such a decision is to be based on the capability of a non-U.S. 
certified vehicle to be altered to conform to the FMVSS, and the Bumper 
Standard is not an FMVSS. However, because a vehicle that is not 
originally manufactured to comply with the Bumper Standard must be 
modified to comply with the standard before it can be admitted 
permanently into the United States, conformance with the Bumper 
Standard must be shown in the conformity package submitted to NHTSA to 
allow release of the DOT conformance bond furnished at the time of 
vehicle importation.
    As part of the import eligibility decision for 2002 Ferrari 360 
passenger cars manufactured before September 1, 2002, NHTSA 
specifically required replacement of bumper components with U.S.-model 
components based on the petitioner's assertion that it would perform 
such a replacement in lieu of modifying the bumper components. After 
that decision, G&K submitted to the agency detailed descriptions of 
bumper modifications that were deemed sufficient to bring the bumpers 
on 2001 and 2002 Ferrari 360 passenger cars into conformance with the 
Bumper Standard. G&K requested and was granted confidentiality with 
respect to that information by NHTSA's Chief Counsel.
    Based on the showing that G&K made with respect to non-U.S. 
certified 2002 Ferrari 360 passenger cars manufactured before September 
1, 2002, NHTSA has concluded that the 2003 model vehicles that are the 
subject of the instant petition are also capable of being readily 
modified to comply with the Bumper Standard.
    (2) FMVSS No. 201 Occupant Protection in Interior Impact: The 
petition identified a number of interior trim components in the non-
U.S. certified model that must be either replaced with U.S.-model 
components or be modified to meet the standard. FNA contended that 
conformance with the standard could only be achieved by replacement of 
the components at issue, and not by their modification.
    NHTSA's Analysis: The modifications that G&K identified as 
necessary to achieve conformance with the standard would not prelude 
the vehicle from being deemed eligible for importation. Conformity 
packages submitted for vehicles imported under the decision must 
demonstrate that the vehicle is equipped with components that allow it 
to conform to the standard. Any modification or replacement of 
components necessary to meet the requirements of the standard must be 
shown to bring the vehicle into compliance. Such proof must be 
submitted by an RI as part of any conformity package submitted for 2003 
Ferrari 306 Spider and Coupe passenger cars.
    (3) FMVSS No. 208 Occupant Crash Protection: The petition 
identified various occupant crash protection components in the non-U.S. 
certified model that must be replaced with U.S.-model components or 
modified to meet the standard. FNA stated that the components at issue 
should only be replaced with U.S.-model components

[[Page 32191]]

and not be modified to meet the standard.
    NHTSA's Analysis: The modifications G&K identified as necessary to 
comply with the standard would not prelude the vehicle from being 
deemed eligible for importation. Conformity packages submitted for 
vehicles imported under the decision must demonstrate that the vehicle 
is equipped with components that allow it to conform to the standard. 
Any modification or replacement of components necessary to meet the 
requirements of the standard must be shown to bring the vehicle into 
compliance. Such proof must be submitted by an RI as part of any 
conformity package submitted for 2003 Ferrari 306 Spider and Coupe 
passenger cars.
    (4) FMVSS No. 301 Fuel System Integrity: The petition identified a 
number of fuel system components in the non-U.S. certified model that 
must be replaced with U.S.-model components to achieve conformity with 
the standard. FNA requested that the same modifications required for 
2002 Ferrari 360 Spider and Coupe passenger cars be required for the 
2003 model as well.
    NHTSA's Analysis: Because FNA described the 2002 and 2003 models as 
being identical with respect to their conformance with all applicable 
FMVSS and G&K did not take issue with this representation, the agency 
has concluded that the following modifications, which were identified 
as needed to conform the 2002 model to the requirements of the 
standard, are appropriate for the 2003 model as well:
    (a) Replacement of the fuel/vapor separator, rollover valve, filler 
neck, vapor lines, evaporative (charcoal) canister, air pump, and 
associated hardware on non-U.S. certified versions of the vehicle to 
make them identical to those in the U.S. certified version;
    (b) modification of the U.S.-model filler neck so that it can be 
attached to the non-U.S.-model tank; and
    (c) relocation of the charcoal canister, air pump, fuel filler 
neck, and rollover valve so that they are in essentially the same 
position as those components found on the U.S. certified vehicle.

Conclusion

    In view of the above considerations, NHTSA decided to grant the 
petition.

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-410 is the vehicle eligibility number assigned to vehicles 
admissible under this decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA decided that 2003 
Ferrari Spider and Coupe passenger cars that were not originally 
manufactured to comply with all applicable FMVSS, are substantially 
similar to 2003 Ferrari Spider and Coupe 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. E6-8543 Filed 6-1-06; 8:45 am]
BILLING CODE 4910-59-P