Notice of Receipt of Petition for Decision That Nonconforming 2006 BMW M3 Passenger Cars Manufactured Before September 1, 2006 Are Eligible for Importation, 26762-26764 [E9-12841]
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26762
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2009–0027]
Request for Renewal of Currently
Approved Information Collection:
Certification of Enforcement of Vehicle
Size and Weight Laws
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice and request for
comments.
The FHWA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) approval to renew an
information collection, which is
summarized below under
SUPPLEMENTARY INFORMATION. We
published a Federal Register Notice
with a 60-day public comment period
on this information collection on March
16, 2009. We are required to publish
this notice in the Federal Register by
the Paperwork Reduction Act of 1995.
DATES: Please submit comments by July
6, 2009.
ADDRESSES: You may submit comments
identified by DOT Docket ID Number
FHWA–2009–0027 by any of the
following methods:
Web Site: For access to the docket to
read background documents or
comments received go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 1–202–493–2251.
Mail: Docket Management Facility,
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001.
Hand Delivery or Courier: U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John
Nicholas (202–366–2317), Department
of Transportation, Federal Highway
Administration, Office of Freight
Management and Operations, 1200 New
Jersey Avenue, SE., Washington, DC
20590. Office hours are from 8 a.m. to
5 p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Title: Certification of Enforcement of
Vehicle Size and Weight Laws
Background: Title 23, U.S.C., section
141, requires each State, the District of
Columbia, and Puerto Rico to file an
PWALKER on PROD1PC71 with NOTICES
SUMMARY:
VerDate Nov<24>2008
16:08 Jun 02, 2009
Jkt 217001
annual certification that they are
enforcing their size and weight laws on
Federal-aid highways and that their
Interstate System weight limits are
consistent with Federal requirements to
be eligible to receive an apportionment
of Federal highway trust funds. Section
141 also authorizes the Secretary to
require States to file such information as
is necessary to verify that their
certifications are accurate. To determine
whether States are adequately enforcing
their size and weight limits each must
submit an updated plan for enforcing
their size and weight limits to the
FHWA at the beginning of each fiscal
year. At the end of the fiscal year, they
must submit their certifications and
sufficient information to verify that their
enforcement goals established in the
plan have been met. Failure of a State
to file a certification, adequately enforce
its size and weight laws, and enforce
weight laws on the Interstate System
that are consistent with Federal
requirements could result in a specified
reduction of its Federal highway fund
apportionment for the next fiscal year.
In addition, section 123 of the Surface
Transportation Assistance Act of 1978
(Pub. L. 95–599, 92 Stat. 2689, 2701)
requires each jurisdiction to inventory
(1) its penalties for violation of its size
and weight laws, and (2) the term and
cost of its oversize and overweight
permits.
Respondents: The State Departments
of Transportation (or equivalent) in the
50 states, the District of Columbia, and
the Commonwealth of Puerto Rico.
Frequency: Twice annually.
Estimated Average Burden per
Response: Each response will take
approximately 40 hours.
Estimated Total Annual Burden
Hours: The estimated total annual
burden for all respondents is 4,160
hours.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FHWA’s performance;
(2) the accuracy of the estimated
burdens; (3) ways for the FHWA to
enhance the quality, usefulness, and
clarity of the collected information; and
(4) ways that the burden could be
minimized, including the use of
electronic technology, without reducing
the quality of the collected information.
The agency will summarize and/or
include your comments in the request
for OMB’s clearance of this information
collection.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1.48.
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
Issued on: May 27, 2009.
James R. Kabel,
Chief, Management Programs and Analysis
Division.
[FR Doc. E9–12852 Filed 6–2–09; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2009–0102]
Notice of Receipt of Petition for
Decision That Nonconforming 2006
BMW M3 Passenger Cars
Manufactured Before September 1,
2006 Are Eligible for Importation
AGENCY: National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2006 BMW
M3 passenger cars manufactured before
September 1, 2006 are eligible for
importation.
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2006 BMW
M3 passenger cars manufactured before
September 1, 2006 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 (1) they are substantially
similar to vehicles that were originally
manufactured for 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 2006 BMW M3 passenger
cars manufactured before September 1,
2006) and (2) they are capable of being
readily altered to conform to the
standards.
DATE: The closing date for comments on
the petition is July 6, 2009.
ADDRESSES: Comments should refer to
the docket and notice numbers above
and be submitted by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
E:\FR\FM\03JNN1.SGM
03JNN1
PWALKER on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices
• Fax: 202–493–2251.
Instructions: Comments must be
written in the English language, and be
no greater than 15 pages in length,
although there is no limit to the length
of necessary attachments to the
comments. If comments are submitted
in hard copy form, please ensure that
two copies are provided. If you wish to
receive confirmation that your
comments were received, please enclose
a stamped, self-addressed postcard with
the comments. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Privacy Act: 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
comment (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 (65 FR
19477–78) or you may visit https://
DocketInfo.dot.gov.
How To Read Comments Submitted to
the Docket: You may read the comments
received by Docket Management at the
address and times given above. You may
also see the comments on the Internet.
To read the comments on the Internet,
take the following steps:
(1) Go to the Federal Docket
Management System (FDMS) Web page
https://www.regulations.gov.
(2) On that page, click on ‘‘Advanced
Docket Search.’’
(3) On the next page select
‘‘NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION’’ from the
drop-down menu in the Agency field
and enter the Docket ID number shown
at the heading of this document.
(4) After entering that information,
click on ‘‘submit.’’
(5) The next page contains docket
summary information for the docket you
selected. Click on the comments you
wish to see. You may download the
comments. Please note that even after
the comment closing date, we will
continue to file relevant information in
the Docket as it becomes available.
Further, some people may submit late
comments. Accordingly, we recommend
that you periodically search the Docket
for new material.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
16:08 Jun 02, 2009
Jkt 217001
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 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.
Wallace Environmental Testing
Laboratories, Inc. (WETL) of Houston,
TX (Registered Importer 90–005) has
petitioned NHTSA to decide whether
nonconforming 2006 BMW M3
passenger cars manufactured before
September 1, 2006 are eligible for
importation into the United States. The
vehicles which WETL believes are
substantially similar are 2006 BMW M3
passenger cars manufactured before
September 1, 2006 that were
manufactured for sale in the United
States and certified by their
manufacturer as conforming to all
applicable FMVSS.
The petitioner claims that it compared
non-U.S. certified 2006 BMW M3
passenger cars manufactured before
September 1, 2006 to their U.S.-certified
counterparts, and found the vehicles to
be substantially similar with respect to
compliance with most FMVSS.
WETL submitted information with its
petition intended to demonstrate that
non-U.S. certified 2006 BMW M3
passenger cars manufactured before
September 1, 2006, as originally
manufactured, conform to many FMVSS
in the same manner as their U.S.
certified counterparts, or are capable of
being readily altered to conform to those
standards.
Specifically, the petitioner claims that
non-U.S. certified 2006 BMW M3
passenger cars manufactured before
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
26763
September 1, 2006 are identical to their
U.S. certified counterparts with respect
to compliance with Standard Nos. 102
Transmission Shift Lever Sequence,
Starter Interlock, and Transmission
Braking Effect, 103 Windshield
Defrosting and Defogging Systems, 104
Windshield Wiping and Washing
Systems, 106 Brake Hoses, 109 New
Pneumatic Tires, 113 Hood Latch
System, 116 Motor Vehicle Brake Fluids,
118 Power-Operated Window, Partition,
and Roof Panel Systems, 124
Accelerator Control Systems, 135
Passenger Car Brake Systems, 201
Occupant Protection in Interior Impact,
202 Head Restraints, 204 Steering
Control Rearward Displacement, 205
Glazing Materials, 206 Door Locks and
Door Retention Components, 207
Seating Systems, 209 Seat Belt
Assemblies, 210 Seat Belt Assembly
Anchorages, 212 Windshield Mounting,
214 Side Impact Protection, 216 Roof
Crush Resistance, 219 Windshield Zone
Intrusion, 225 Child Restraint
Anchorage Systems, 302 Flammability
of Interior Materials, and 401 Interior
Trunk Release.
In addition, the petitioner claims that
the vehicles comply with the Bumper
Standard found in 49 CFR Part 581.
The petitioner also contends that the
vehicles are capable of being readily
altered to meet the following standards,
in the manner indicated:
Standard No. 101 Controls and
Displays: inscription of the word
‘‘brake’’ on the instrument cluster in
place of the international ECE warning
symbol and installation of a U.S.-model
speedometer, or modification of the
existing speedometer to conform with
the requirements of this standard.
Standard No. 108 Lamps, Reflective
Devices and Associated Equipment:
installation of U.S.-model high mounted
stop lamp and associated wiring.
Standard No. 110 Tire Selection and
Rims: installation of a tire information
placard on all vehicles not already so
equipped.
Standard No. 111 Rearview Mirrors:
installation of a U.S.-model passenger
side rearview mirror, or inscription of
the required warning statement on the
face of that mirror on all vehicles not
already so equipped.
Standard No. 114 Theft Protection:
installation of a supplemental key
warning buzzer, or installation of U.S.version software on all vehicles not
already so equipped.
Standard No. 208 Occupant Crash
Protection: installation of a seat belt
warning system that the meets the
requirements of this standard.
The petitioner states that the crash
protection system used in these vehicles
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03JNN1
26764
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices
consists of dual front airbags, knee
bolsters, and combination lap and
shoulder belts at the front outboard
seating positions.
Standard No. 301 Fuel System
Integrity: inspection of all vehicles and
replacement of any non U.S.-model fuel
system components with U.S.-model
components.
The petitioner additionally states that
a vehicle identification plate must be
affixed to the vehicles near the left
windshield post to meet the
requirements of 49 CFR Part 565.
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 addresses 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)(A) and
(b)(1); 49 CFR 593.8; delegations of authority
at 49 CFR 1.50 and 501.8.
Issued on: May 27, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9–12841 Filed 6–2–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2009–0101]
Notice of Receipt of Petition for
Decision That Nonconforming 2006
Porsche Cayenne Multipurpose
Passenger Vehicles Manufactured
Prior to September 1, 2006 Are Eligible
for Importation
PWALKER on PROD1PC71 with NOTICES
AGENCY: National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2006
Porsche Cayenne multipurpose
passenger vehicles manufactured prior
to September 1, 2006 are eligible for
importation.
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2006 Porsche
Cayenne multipurpose passenger
vehicles (MPVs) manufactured prior to
September 1, 2006 that were not
originally manufactured to comply with
all applicable Federal motor vehicle
safety standards (FMVSS) are eligible
VerDate Nov<24>2008
16:08 Jun 02, 2009
Jkt 217001
for importation into the United States
because: (1) They are substantially
similar to vehicles that were originally
manufactured for sale in the United
States and that were certified by their
manufacturer as complying with the
safety standards (the U.S.-certified 2006
Porsche Cayenne MPV manufactured
prior to September 1, 2006), and (2) they
are capable of being readily altered to
conform to the standards.
DATES: The closing date for comments
on the petition is July 6, 2009.
ADDRESSES: Comments should refer to
the docket and notice numbers above
and be submitted by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Comments must be
written in the English language, and be
no greater than 15 pages in length,
although there is no limit to the length
of necessary attachments to the
comments. If comments are submitted
in hard copy form, please ensure that
two copies are provided. If you wish to
receive confirmation that your
comments were received, please enclose
a stamped, self-addressed postcard with
the comments. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Privacy Act: 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
comment (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 (65 FR
19477–78).
How to Read Comments submitted to
the Docket: You may read the comments
received by Docket Management at the
address and times given above. You may
also view the documents from the
Internet at https://www.regulations.gov.
Follow the online instructions for
accessing the dockets. The docket ID
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
number and title of this notice are
shown at the heading of this document
notice. Please note that even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
periodically search the Docket for new
material.
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 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 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.
Wallace Environmental Testing
Laboratories, Inc. of Houston, Texas
(WETL) (Registered Importer 90–005)
has petitioned NHTSA to decide
whether nonconforming 2006 Porsche
Cayenne MPVs manufactured prior to
September 1, 2006, are eligible for
importation into the United States. The
vehicles which WETL believes are
substantially similar are 2006 Porsche
Cayenne MPVs manufactured prior to
September 1, 2006, that were
manufactured for sale in the United
States and certified by their
manufacturer as conforming to all
applicable FMVSS.
The petitioner claims that it carefully
compared non-U.S. certified 2006
Porsche Cayenne MPVs manufactured
prior to September 1, 2006, to their U.S.certified counterparts, and found the
vehicles to be substantially similar with
E:\FR\FM\03JNN1.SGM
03JNN1
Agencies
[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26762-26764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12841]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2009-0102]
Notice of Receipt of Petition for Decision That Nonconforming
2006 BMW M3 Passenger Cars Manufactured Before September 1, 2006 Are
Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
2006 BMW M3 passenger cars manufactured before September 1, 2006 are
eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2006 BMW M3 passenger cars manufactured before September 1, 2006 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 (1) they are substantially similar to
vehicles that were originally manufactured for 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 2006 BMW M3
passenger cars manufactured before September 1, 2006) and (2) they are
capable of being readily altered to conform to the standards.
DATE: The closing date for comments on the petition is July 6, 2009.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
[[Page 26763]]
Fax: 202-493-2251.
Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: 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 comment (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 (65 FR 19477-78) or you may visit https://DocketInfo.dot.gov.
How To Read Comments Submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also see the comments on the Internet. To read the
comments on the Internet, take the following steps:
(1) Go to the Federal Docket Management System (FDMS) Web page
https://www.regulations.gov.
(2) On that page, click on ``Advanced Docket Search.''
(3) On the next page select ``NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION'' from the drop-down menu in the Agency field and enter
the Docket ID number shown at the heading of this document.
(4) After entering that information, click on ``submit.''
(5) The next page contains docket summary information for the
docket you selected. Click on the comments you wish to see. You may
download the comments. Please note that even after the comment closing
date, we will continue to file relevant information in the Docket as it
becomes available. Further, some people may submit late comments.
Accordingly, we recommend that you periodically search the Docket for
new material.
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 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.
Wallace Environmental Testing Laboratories, Inc. (WETL) of Houston,
TX (Registered Importer 90-005) has petitioned NHTSA to decide whether
nonconforming 2006 BMW M3 passenger cars manufactured before September
1, 2006 are eligible for importation into the United States. The
vehicles which WETL believes are substantially similar are 2006 BMW M3
passenger cars manufactured before September 1, 2006 that were
manufactured for sale in the United States and certified by their
manufacturer as conforming to all applicable FMVSS.
The petitioner claims that it compared non-U.S. certified 2006 BMW
M3 passenger cars manufactured before September 1, 2006 to their U.S.-
certified counterparts, and found the vehicles to be substantially
similar with respect to compliance with most FMVSS.
WETL submitted information with its petition intended to
demonstrate that non-U.S. certified 2006 BMW M3 passenger cars
manufactured before September 1, 2006, as originally manufactured,
conform to many FMVSS in the same manner as their U.S. certified
counterparts, or are capable of being readily altered to conform to
those standards.
Specifically, the petitioner claims that non-U.S. certified 2006
BMW M3 passenger cars manufactured before September 1, 2006 are
identical to their U.S. certified counterparts with respect to
compliance with Standard Nos. 102 Transmission Shift Lever Sequence,
Starter Interlock, and Transmission Braking Effect, 103 Windshield
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing
Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch
System, 116 Motor Vehicle Brake Fluids, 118 Power-Operated Window,
Partition, and Roof Panel Systems, 124 Accelerator Control Systems, 135
Passenger Car Brake Systems, 201 Occupant Protection in Interior
Impact, 202 Head Restraints, 204 Steering Control Rearward
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention
Components, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat
Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion,
225 Child Restraint Anchorage Systems, 302 Flammability of Interior
Materials, and 401 Interior Trunk Release.
In addition, the petitioner claims that the vehicles comply with
the Bumper Standard found in 49 CFR Part 581.
The petitioner also contends that the vehicles are capable of being
readily altered to meet the following standards, in the manner
indicated:
Standard No. 101 Controls and Displays: inscription of the word
``brake'' on the instrument cluster in place of the international ECE
warning symbol and installation of a U.S.-model speedometer, or
modification of the existing speedometer to conform with the
requirements of this standard.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: installation of U.S.-model high mounted stop lamp and
associated wiring.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard on all vehicles not already so equipped.
Standard No. 111 Rearview Mirrors: installation of a U.S.-model
passenger side rearview mirror, or inscription of the required warning
statement on the face of that mirror on all vehicles not already so
equipped.
Standard No. 114 Theft Protection: installation of a supplemental
key warning buzzer, or installation of U.S.-version software on all
vehicles not already so equipped.
Standard No. 208 Occupant Crash Protection: installation of a seat
belt warning system that the meets the requirements of this standard.
The petitioner states that the crash protection system used in
these vehicles
[[Page 26764]]
consists of dual front airbags, knee bolsters, and combination lap and
shoulder belts at the front outboard seating positions.
Standard No. 301 Fuel System Integrity: inspection of all vehicles
and replacement of any non U.S.-model fuel system components with U.S.-
model components.
The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicles near the left windshield post to
meet the requirements of 49 CFR Part 565.
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 addresses 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)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: May 27, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-12841 Filed 6-2-09; 8:45 am]
BILLING CODE 4910-59-P