71118 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

d. The grantee warrants that it has not paid 

and agrees not to pay any bonus, commission 

or fee for the purpose of obtaining approval 

of its application for the financial assistance 

agreement. 

e. The grantee assures that it shall comply 

with all applicable provisions of Federal, 

State and local law. Nothing in this 

agreement shall require the grantee to 

observe or enforce compliance with any 

provision hereof, perform any other act or do 

any other thing in contravention of 

applicable State or territorial law; provided 

that if any of provisions of the agreement 

would require the grantee to violate any 

applicable State or territorial law, the grantee 

will at once notify the CO in writing in order 

that appropriate modifications may be made 

to the agreement to remedy the violation. 

All limits and standards set forth in this 

agreement are minimum requirements, and 

shall not affect the application of more 

stringent State or local standards, provided 

however, that in its procurement actions 

under this agreement, the grantee shall not 

give any preference to or discriminate against 

goods and services produced or 

manufactured in any country, State or other 

geographical area, except as provided in 

paragraph f below. 

f. The grantee assures and certifies that all 

manufactured products, steel, and cement 

used in carrying out this agreement are 

produced in the United States, in accordance 

with Section 165 of the Surface 

Transportation Assistance Act of 1982 (Pub. 

L. 97–424; 96 Stat. 2097) unless the Secretary 

of DOT has determined under Section 165 

that it is appropriate to waive this 

requirement. 

10. Order of Precedence.

In the event of any inconsistency between 

any provisions of this agreement, the 

following order of precedence shall apply: 

a. Statement of Purpose (excluding the 

grantee’s proposal, if incorporated). 

b. Special provisions contained in the 

assistance agreement. 

c. General Provisions, whether referenced 

or stated in full text, contained herein. 

d. The grantee’s proposal (if incorporated).

[FR Doc. 04–26986 Filed 12–7–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19738] 

Decision That Certain Nonconforming 

Motor Vehicles Are Eligible for 

Importation

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA 

that certain nonconforming motor 

vehicles are eligible for importation. 

SUMMARY: This document announces 

decisions by NHTSA that certain motor 

vehicles not originally manufactured to 

comply with all applicable Federal 

motor vehicle safety standards are 

eligible for importation into the United 

States because they are substantially 

similar to vehicles originally 

manufactured for importation into and/

or sale in the United States and certified 

by their manufacturers as complying 

with the safety standards, and they are 

capable of being readily altered to 

conform to the standards.

DATES: These decisions became effective 

on the dates specified in Annex A.

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 Federal motor vehicle safety 

standards 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 Federal motor 

vehicle safety standards. 

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. 

NHTSA received petitions from 

registered importers to decide whether 

the vehicles listed in Annex A to this 

notice are eligible for importation into 

the United States. To afford an 

opportunity for public comment, 

NHTSA published notice of these 

petitions as specified in Annex A. The 

reader is referred to those notices for a 

thorough description of the petitions. 

No substantive comments were received 

in response to these notices. Based on 

its review of the information submitted 

by the petitioners, NHTSA has decided 

to grant the petitions. 

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. Vehicle eligibility 

numbers assigned to vehicles admissible 

under this decision are specified in 

Annex A. 

Final Decision 

Accordingly, on the basis of the 

foregoing, NHTSA has decided that each 

motor vehicle listed in Annex A to this 

notice, which was not originally 

manufactured to comply with all 

applicable Federal motor vehicle safety 

standards, is substantially similar to a 

motor vehicle manufactured for 

importation into and/or sale in the 

United States, and certified under 49 

U.S.C. 30115, as specified in Annex A, 

and is capable of being readily altered 

to conform to all applicable Federal 

motor vehicle safety standards.

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.

Annex A—Nonconforming Motor Vehicles 

Decided To Be Eligible for Importation 

1. Docket No. NHTSA–2004–17647 

Nonconforming Vehicles: 2001–2002 

Mercedes Benz C–320 (203) Passenger 

Cars. 

Substantially Similar U.S.-Certified Vehicles:

2001–2002 Mercedes Benz C–320 (203) 

Passenger Cars. 

Notice of Petition Published at: 69 FR 24705 

(May 4, 2004). 

Vehicle Eligibility Number: VSP–441 

(effective date June 15, 2004). 

2. Docket No. NHTSA–2004–17766 

Nonconforming Vehicles: 2002–2004 

Mercedes Benz S–Class (220) Passenger 

Cars. 

Substantially Similar U.S.-Certified Vehicles:

2002–2004 Mercedes Benz S–Class (220) 

Passenger Cars. 

Notice of Petition Published at: 69 FR 29164 

(May 20, 2004). 

Vehicle Eligibility Number: VSP–442 

(effective date June 28, 2004). 

3. Docket No. NHTSA–2004–18610 

Nonconforming Vehicles: 1999 Cagiva Gran 

Canyon 900 Motorcycles. 

Substantially Similar U.S.-Certified Vehicles:

1999 Cagiva Gran Canyon 900 Motorcycles. 

Notice of Petition Published at: 69 FR 45110 

(July 28, 2004). 

Vehicle Eligibility Number: VSP–444 

(effective date September 2, 2004). 

4. Docket No. NHTSA–2004–18647 

Nonconforming Vehicles: 2004 Ferrari 360 

Series Passenger Cars.

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 71119

Substantially Similar U.S.-Certified Vehicles:

2004 360 Ferrari Series Passenger Cars. 

Notice of Petition Published at: 69 FR 51143 

(August 17, 2004). 

Vehicle Eligibility Number: VSP–446 

(effective date September 24, 2004). 

5. Docket No. NHTSA–2004–18782 

Nonconforming Vehicles: 2002 Honda CR–V 

Multipurpose Passenger Vehicles. 

Substantially Similar U.S.-Certified Vehicles:

2002 Honda CR–V Multipurpose Passenger 

Vehicles. 

Notice of Petition Published at: 69 FR 52744 

(August 27, 2004). 

Vehicle Eligibility Number: VSP–447 

(effective date October 5, 2004). 

6. Docket No. NHTSA–2004–18945 

Nonconforming Vehicles: 2000 Cadillac 

Deville Passenger Cars (Manufactured 8/1/

1999–12/31/2000). 

Substantially Similar U.S.-Certified Vehicles:

2000 Cadillac Deville Passenger Cars 

(Manufactured 8/1/1999–12/31/2000). 

Notice of Petition Published at: 69 FR 54342 

(September 8, 2004). 

Vehicle Eligibility Number: VSP–448 

(effective date October 14, 2004).

7. Docket No. NHTSA–2004–18946 

Nonconforming Vehicles: 1998 Toyota 4-

Runner Multipurpose Passenger Vehicles. 

Substantially Similar U.S.-Certified Vehicles:

1998 Toyota 4-Runner Multipurpose 

Passenger Vehicles. 

Notice of Petition Published at: 69 FR 54344 

(September 8, 2004). 

Vehicle Eligibility Number: VSP–449 

(effective date October 14, 2004). 

8. Docket No. NHTSA–2004–18947 

Nonconforming Vehicles: 2003–2004 BMW 5 

Series Passenger Vehicles. 

Substantially Similar U.S.-Certified Vehicles:

2003–2004 BMW 5 Series Passenger 

Vehicles. 

Notice of Petition Published at: 69 FR 54717 

(September 9, 2004). 

Vehicle Eligibility Number: VSP–450 

(effective date October 14, 2004). 

9. Docket No. NHTSA–2004–18849 

Nonconforming Vehicles: 1994–1997 Honda 

Accord, Sedan & Wagon, right hand drive 

(RHD) Passenger Cars. 

Substantially Similar U.S.-Certified Vehicles:

1994–1997 Honda Accord, Sedan & Wagon, 

left hand drive (LHD) Passenger Cars. 

Notice of Petition Published at: 69 FR 49944 

(August 12, 2004). 

Vehicle Eligibility Number: VSP–451 

(effective date October 29, 2004). 

10. Docket No. NHTSA–2004–19120 

Nonconforming Vehicles: 2001 Ducati 900 

Motorcycles. 

Substantially Similar U.S.-Certified Vehicles:

2001 Ducati 900 Motorcycles. 

Notice of Petition Published at: 69 FR 57132 

(September 23, 2004). 

Vehicle Eligibility Number: VSP–452 

(effective date October 29, 2004). 

11. Docket No. NHTSA–2004–19121 

Nonconforming Vehicles: 2000 BMW R1150 

GS Motorcycles. 

Substantially Similar U.S.-Certified Vehicles:

2000 BMW R1150 GS Motorcycles. 

Notice of Petition Published at: 69 FR 57133 

(September 23, 2004). 

Vehicle Eligibility Number: VSP–453 

(effective date October 29, 2004). 

12. Docket No. NHTSA–2004–19291 

Nonconforming Vehicles: 1993 Mercedes 

Benz 190E Passenger Cars. 

Substantially Similar U.S.-Certified Vehicles:

1993 Mercedes Benz 190E Passenger Cars. 

Notice of Petition Published at: 69 FR 60931 

(October 13, 2004). 

Vehicle Eligibility Number: VSP–454 

(effective date November 15, 2004). 

13. Docket No. NHTSA–2004–19290 

Nonconforming Vehicles: 2004 Rolls Royce 

Phantom Passenger Cars. 

Substantially Similar U.S.-Certified Vehicles:

2004 Rolls Royce Phantom Passenger Cars. 

Notice of Petition Published at: 69 FR 60932 

(October 13, 2004). 

Vehicle Eligibility Number: VSP–455 

(effective date November 17, 2004).

[FR Doc. 04–26984 Filed 12–7–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19122] 

Re-Opening of Comment Period on 

Whether Nonconforming 2004 

Lamborghini Gallardo Passenger Cars 

Are Eligible for Importation

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT.

ACTION: Re-opening of comment period.

SUMMARY: This document announces the 

reopening of the comment period on a 

petition for NHTSA to decide that 2004 

Lamborghini Gallardo passenger cars 

that were not originally manufactured to 

comply with all applicable Federal 

motor vehicle safety standards are 

eligible for importation into the United 

States.

DATES: The closing date for comments 

on the petition is December 13, 2004.

ADDRESSES: Comments are to be 

submitted to: Docket Management, 

Room PL–401, 400 Seventh Street, SW., 

Washington, DC 20590. (Docket hours 

are from 9 a.m. to 5 p.m.) 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 document (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–

787), or you may visit http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA (202) 366–3151).

SUPPLEMENTARY INFORMATION: On 

October 13, 2004, NHTSA published a 

notice (at 69 FR 60933) that it had 

received a petition to decide that 

nonconforming 2004 Lamborghini 

Gallardo passenger cars are eligible for 

importation into the United States. The 

notice solicited public comments on the 

petition and stated that the closing date 

for comments is November 12, 2004. 

This is to notify the public that 

NHTSA is reopening the comment 

period on this petition, and allowing it 

to run until December 13, 2004. This 

reopening is based on a request dated 

November 4, 2004, from Michael J. 

Grossman, the designated North 

American agent for Automobili 

Lamborghini, S.p.A.(‘‘Lamborghini’’), 

the vehicle’s manufacturer. Mr. 

Grossman stated that an extension of the 

comment period was needed because 

prior business commitments precluded 

him from completing his analysis of the 

petition and preparing comments 

thereon by the November 12 deadline. 

Characterizing the petition as raising 

potentially complex technical and 

regulatory issues, and citing the 

unavailability of other company 

personnel who could prepare comments 

on the petition, Mr. Grossman asserted 

that Lamborghini would be unable to 

submit its comments before the closing 

date specified in the notice of petition. 

NHTSA has decided to grant 

Lamborghini’s request. 

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 address 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)(B) 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. 04–26985 Filed 12–7–04; 8:45 am] 

BILLING CODE 4910–59–P