Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices 64623

be open to the public, except to the

extent that individuals with an interest

and expertise are selected to participate.

No public announcement of working

group meetings will be made.

Issued in Washington, DC, on November

24, 1997.

Joseph A. Hawkins,

Executive Director, Aviation Rulemaking

Advisory Committee.

[FR Doc. 97–32034 Filed 12–5–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–97–3163]

Decision That Nonconforming 1995

Ferrari F50 Passenger Cars Are

Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1995 Ferrari F50

passenger cars are eligible for

importation.

SUMMARY: This notice announces the

decision by NHTSA that 1995 Ferrari

F50 passenger cars 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 sale in the United States and

certified by their manufacturer as

complying with the safety standards

(the U.S.-certified version of the 1995

Ferrari F50), and they are capable of

being readily altered to conform to the

standards.

DATE: This decision is effective

December 8, 1997.

FOR FURTHER INFORMATION CONTACT:

George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202–366–

5306).

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.

J.K. Motors of Kingsville, Maryland

(‘‘J.K.’’) (Registered Importer R–90–006)

petitioned NHTSA to decide whether

1995 Ferrari F50 passenger cars are

eligible for importation into the United

States. NHTSA published notice of the

petition on August 18, 1997 (62 FR

44030) 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, from Fiat Auto

U.S.A., Inc. (Fiat), the U.S.

representative of Ferrari, S.p.A., the

vehicle’s manufacturer. In its comment,

Fiat observed that non-U.S. certified

1995 Ferrari F50 passenger cars are

equipped with manual 3-point seat belts

while their U.S. certified counterparts

are equipped with motorized 2-point

shoulder belts and manual 2-point lap

belts. Fiat contended that modification

of a non-U.S. certified 1995 Ferrari F50

for compliance with the automatic

restraint requirements of Federal Motor

Vehicle Safety Standard (FMVSS) No.

208, Occupant Crash Protection, would

be very difficult, if not impossible,

owing to the fact that the vehicle has a

carbon body. Fiat additionally observed

that the petitioner inaccurately

described the vehicle as having ‘‘rear

belts,’’ in view of the fact that it is a two

seater. With respect to the requirements

of FMVSS No. 210, Seat Belt Assembly

Anchorages, Fiat claimed that non-U.S.

certified 1995 Ferrari F50 passenger cars

have 3-point anchorages, while their

U.S. certified counterparts have 4-point

anchorages. Addressing the

requirements of FMVSS No. 214, Side

Impact Protection, Fiat contended that

U.S. certified 1995 Ferrari F50

passenger cars have a steel beam inside

their doors that cannot be simply added

to the non-U.S. certified version of the

vehicle.

NHTSA afforded J.K. an opportunity

to respond to Fiat’s comments. With

respect to Fiat’s comments regarding

FMVSS No. 208 and 210 compliance

issues, J.K. responded that the automatic

belt system that is supplied on the U.S.

certified 1995 Ferrari F50 bolts on to

existing mounts that are on the seats

and door frames of the non-U.S.

certified version of the vehicle. J.K.

additionally acknowledged that the

reference to rear seat belts in the

petition was in error since the 1995

Ferrari F50 has no rear seat. With

respect to the FMVSS No. 214

compliance issue raised by Fiat, J.K.

stated that the door beams in the U.S.

certified 1995 Ferrari F50 are bolt-on

components that can be easily installed

on the non-U.S. certified version of the

vehicle without the need for fabrication

or welding.

NHTSA has reviewed each of the

issues that Fiat has raised regarding

J.K.’s petition. NHTSA believes that

J.K.’s responses adequately address each

of those issues. NHTSA further notes

that the modifications described by J.K.

are consistent with its finding that a

non-U.S. certified 1995 Fiat F50 is

‘‘capable of being readily altered to

comply with all Federal motor vehicle

safety standards.’’

NHTSA has accordingly 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–226 is the

eligibility number assigned to vehicles

admissible under this decision.

Final Decision

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that

1995 Ferrari F50 passenger cars not

originally manufactured to comply with

all applicable Federal motor vehicle

safety standards are substantially

similar to 1995 Ferrari F50 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

Federal motor vehicle safety standards.

Authority: 49 U.S.C. 30141(a)(1)(A) and

(b)(1); 49 CAR 593.8; delegations of authority

at 49 CAR 1.50 and 501.8.
64624 Federal Register / Vol. 62, No. 235 / Monday, December 8, 1997 / Notices

Issued on: December 2, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97–32037 Filed 12–5–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–97–3164]

Decision That Nonconforming 1988–

1989 Audi 80 Passenger Cars Are

Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA

that nonconforming 1988–1989 Audi 80

passenger cars are eligible for

importation.

SUMMARY: This notice announces the

decision by NHTSA that 1988–1989

Audi 80 passenger cars 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 sale in the United States and

certified by their manufacturer as

complying with the safety standards

(the U.S.-certified version of the 1988–

1989 Audi 80), and they are capable of

being readily altered to conform to the

standards.

DATES: This decision is effective as of

December 8, 1997.

FOR FURTHER INFORMATION CONTACT:

George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202–366–

5306).

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.

Champagne Imports, Inc. of Lansdale,

Pennsylvania (Champagne) (Registered

Importer R–90–009) petitioned NHTSA

to decide whether 1988–1989 Audi 80

passenger cars are eligible for

importation into the United States.

NHTSA published notice of the petition

on August 5, 1997 (62 FR 42156) 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, from Volkswagen

of America, Inc. (Volkswagen), the U.S.

representative of Audi AG, the vehicle’s

manufacturer. In its comment,

Volkswagen observed that the

alterations identified in the petition are

the minimum that are necessary to

conform non-U.S. certified 1988–1989

Audi 80 passenger cars to the applicable

Federal motor vehicle safety standards.

Volkswagen further observed that in

addition to differences in the bumper

system, modifications were made to the

body components and structure of U.S.

certified 1988–1989 Audi 80 passenger

cars to achieve compliance with the

Bumper Standard found in 49 CFR part

581.

Petitioners for eligibility

determinations are not required to

submit arguments in support of the

capability of a non-conforming vehicle

to comply with the Bumper Standard.

Under statute, eligibility determinations

are based solely on the capability of a

vehicle to comply with the Federal

motor vehicle safety standards.

However, a passenger motor vehicle that

does not meet the Bumper Standard at

the time of importation must be brought

into compliance after importation in

order to comply with the law. Therefore,

a vehicle eligibility notice affords a

forum through which issues of

compliance with the Bumper Standard

can be raised and discussed. However,

NHTSA has no authority to deny an

eligibility petition solely on the basis

that the vehicle is incapable of being

conformed to meet the Bumper

Standard.

Volkswagen’s first observation, as

described above, appears to be generally

supportive of the petition. Although

Volkswagen’s second observation

identifies a potential need for alterations

beyond those specified in the petition to

conform non-U.S. certified 1988–89

Audi 80 passenger cars to the Bumper

Standard, the company nowhere

contends that these alterations cannot

be readily made. The petitioner and

other RIs seeking to import 1988–89

Audi 80s under this exemption should

recognize Volkswagen’s concern and

may be assured that NHTSA will

carefully examine data they submit in

support of their certification of

compliance with the Bumper Standard.

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–223 is the

eligibility number assigned to vehicles

admissible under this decision.

Final Decision

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that

1988–1989 Audi 80 passenger cars not

originally manufactured to comply with

all applicable Federal motor vehicle

safety standards are substantially

similar to 1988–1989 Audi 80 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

Federal motor vehicle safety standards.

Authority: 49 U.S.C. 30141(a)(1)(A) and

(b)(1); 49 CAR 593.8; delegations of authority

at 49 CAR 1.50 and 501.8.

Issued on: December 2, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97–32038 Filed 12–5–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE TREASURY

[Treasury Directive Number 12–53]

Delegation of Authority to Make

Decisions on Appeals of the Initial

Denial of Records Under the Freedom

of Information Act

Dated: December 1, 1997.

1. Delegation

a. This Directive delegates to the

Deputy Assistant Secretary (Human

Resources) the authority to make appeal

decisions on the initial denial of records

or other adverse determinations made