Notice of Receipt of Petition for Decision That Nonconforming 2005 and 2006 Mercedes Benz S-Class Passenger Cars Manufactured Before September 1, 2006, Are Eligible for Importation, 1117-1118 [2010-56]
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Federal Register / Vol. 75, No. 5 / Friday, January 8, 2010 / Notices
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairmen,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC, on December
29, 2009.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 2010–147 Filed 1–7–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2009–0191; Notice 1]
Notice of Receipt of Petition for
Decision That Nonconforming 2005
and 2006 Mercedes Benz S-Class
Passenger Cars Manufactured Before
September 1, 2006, Are Eligible for
Importation
pwalker on DSK8KYBLC1PROD with NOTICES
AGENCY: National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2005 and
2006 Mercedes Benz S-Class 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 2005 and
2006 Mercedes Benz S-Class 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 they are substantially similar to
vehicles that were 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 2005
and 2006 Mercedes Benz S-Class
passenger cars manufactured before
September 1, 2006,) and they are
capable of being readily altered to
conform to the standards.
DATES: The closing date for comments
on the petition is February 8, 2010.
ADDRESSES: Comments should refer to
the docket and notice numbers above
VerDate Nov<24>2008
16:14 Jan 07, 2010
Jkt 220001
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
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:
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
1117
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.
J.K. Technologies, LLC (‘‘JK’’), of
Baltimore, Maryland (Registered
Importer 90–006) has petitioned NHTSA
to decide whether nonconforming 2005
and 2006 Mercedes Benz S–Class
passenger cars manufactured before
September 1, 2006 are eligible for
importation into the United States. The
vehicles which JK believes are
substantially similar are 2005 and 2006
Mercedes Benz S–Class 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 states that it compared
non-U.S. certified 2005 and 2006
Mercedes Benz S–Class 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.
JK submitted information with its
petition intended to demonstrate that
non-U.S. certified 2005 and 2006
Mercedes Benz S–Class 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 2005 and 2006
E:\FR\FM\08JAN1.SGM
08JAN1
pwalker on DSK8KYBLC1PROD with NOTICES
1118
Federal Register / Vol. 75, No. 5 / Friday, January 8, 2010 / Notices
Mercedes Benz S–Class 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,
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, 210 Seat Belt
Assembly Anchorages, 212 Windshield
Mounting, 214 Side Impact Protection,
216 Roof Crush Resistance, 219
Windshield Zone Intrusion, 301 Fuel
System Integrity, and 302 Flammability
of Interior Materials.
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: (a) replacement of the
instrument cluster with a U.S.-model
component; (b) installation or activation
of the U.S.-version control and display
software and (c) installation of a U.S.model cruise control lever.
Standard No. 108 Lamps, Reflective
Devices and Associated Equipment:
installation of the following U.S.-model
components on vehicles that are not
already so equipped: (a) Front
sidemarker lamps; (b) headlamps; (c)
tail lamps with integral rear side marker
lamps.
Standard No. 110 Tire Selection and
Rims: Installation of a tire information
placard.
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.
Standard No. 114 Theft Protection:
Installation of a supplemental key
warning buzzer, or installation or
activation of U.S.-version software to
meet the requirements of this standard.
Standard No. 118 Power-Operated
Window, Partition, and Roof Panel
Systems: Installation or activation of
U.S.-version software in the vehicle’s
computer system to meet the
requirements of this standard on
vehicles that do not already have this
software installed or activated.
Standard No. 208 Occupant Crash
Protection: Inspection of all vehicles
and replacement of any non U.S.-model
VerDate Nov<24>2008
16:14 Jan 07, 2010
Jkt 220001
seat belts, and (b) installation or
activation of U.S.-version software to
ensure that the seat belt warning system
meets the requirements of this standard.
The petitioner states that with the
exemption of the seat belts the occupant
crash protection system used in these
vehicles is identical to that found in the
U.S.-certified model.
Standard No. 209 Seat Belt
Assemblies: Inspection of all vehicles
and installation of U.S.-model seat belts
on vehicles that are not already so
equipped.
Standard No. 225 Child Restraint
Anchorage Systems: Inspection of all
vehicles and installation of U.S.-model
child restraint anchorage system
components on vehicles not already so
equipped.
Standard No. 401 Interior Trunk
Release: Inspection of all vehicles and
installation of U.S.-model components
on vehicles not already so equipped.
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: January 4, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010–56 Filed 1–7–10; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Release of Waybill Data
The Surface Transportation Board has
received a request from Laroe Winn
Moerman & Donovan on behalf of
plaintiffs in connection with the
antitrust litigation pending in the
United States District Court for the
District of Columbia captioned In re
RAIL FREIGHT FUEL SURCHARGE
ANTITRUST LITIGATION, MDL Docket
No. 1869 (WB10–015–12/17/09), for
permission to use certain data from the
Board’s 1985 through 2008 Carload
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
Waybill Samples. A copy of this request
may be obtained from the Office of
Economics, Environmental Analysis,
and Administration.
The waybill sample contains
confidential railroad and shipper data;
therefore, if any parties object to these
requests, they should file their
objections with the Director of the
Board’s Office of Economics,
Environmental Analysis, and
Administration within 14 calendar days
of the date of this notice. The rules for
release of waybill data are codified at 49
CFR 1244.9.
Contact: Scott Decker, (202) 245–
0330.
Kulunie L. Cannon,
Clearance Clerk.
[FR Doc. 2010–85 Filed 1–7–10; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35340]
BNSF Railway Company—Temporary
Trackage Rights Exemption—Union
Pacific Railroad Company
Pursuant to a written trackage rights
agreement dated December 17, 2009,
Union Pacific Railroad Company (UP)
has agreed to grant temporary
nonexclusive overhead trackage rights
to BNSF Railway Company (BNSF) over
UP lines extending between: (1) UP
milepost 93.2 at Stockton, CA, on UP’s
Oakland Subdivision, and UP milepost
219.4 at Elsey, CA, on UP’s Canyon
Subdivision, a distance of
approximately 126.2 miles; and (2) UP
milepost 219.4 at Elsey, CA, and UP
milepost 280.7 at Keddie, CA, on UP’s
Canyon Subdivision, a distance of 61.3
miles.
The transaction is scheduled to be
consummated on January 22, 2010, the
effective date of the exemption (30 days
after the exemption is filed).
The nonexclusive overhead trackage
rights will permit BNSF to handle
ballast trains of company material for
use in the maintenance of BNSF’s
tracks. The trackage rights are temporary
in nature and are for a period from
January 22, 2010 through December 10,
2010.
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk and
Western Ry. Co.—Trackage Rights—BN,
354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.—Lease and
Operate, 360 I.C.C. 653 (1980), and any
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Pages 1117-1118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-56]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2009-0191; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
2005 and 2006 Mercedes Benz S-Class 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
2005 and 2006 Mercedes Benz S-Class 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
2005 and 2006 Mercedes Benz S-Class 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 they are
substantially similar to vehicles that were 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 2005 and 2006 Mercedes Benz S-Class passenger
cars manufactured before September 1, 2006,) and they are capable of
being readily altered to conform to the standards.
DATES: The closing date for comments on the petition is February 8,
2010.
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 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 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.
J.K. Technologies, LLC (``JK''), of Baltimore, Maryland (Registered
Importer 90-006) has petitioned NHTSA to decide whether nonconforming
2005 and 2006 Mercedes Benz S-Class passenger cars manufactured before
September 1, 2006 are eligible for importation into the United States.
The vehicles which JK believes are substantially similar are 2005 and
2006 Mercedes Benz S-Class 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 states that it compared non-U.S. certified 2005 and
2006 Mercedes Benz S-Class 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.
JK submitted information with its petition intended to demonstrate
that non-U.S. certified 2005 and 2006 Mercedes Benz S-Class 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 2005
and 2006
[[Page 1118]]
Mercedes Benz S-Class 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, 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, 210 Seat Belt Assembly Anchorages, 212
Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush
Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity,
and 302 Flammability of Interior Materials.
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: (a) replacement of the
instrument cluster with a U.S.-model component; (b) installation or
activation of the U.S.-version control and display software and (c)
installation of a U.S.-model cruise control lever.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: installation of the following U.S.-model components on
vehicles that are not already so equipped: (a) Front sidemarker lamps;
(b) headlamps; (c) tail lamps with integral rear side marker lamps.
Standard No. 110 Tire Selection and Rims: Installation of a tire
information placard.
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.
Standard No. 114 Theft Protection: Installation of a supplemental
key warning buzzer, or installation or activation of U.S.-version
software to meet the requirements of this standard.
Standard No. 118 Power-Operated Window, Partition, and Roof Panel
Systems: Installation or activation of U.S.-version software in the
vehicle's computer system to meet the requirements of this standard on
vehicles that do not already have this software installed or activated.
Standard No. 208 Occupant Crash Protection: Inspection of all
vehicles and replacement of any non U.S.-model seat belts, and (b)
installation or activation of U.S.-version software to ensure that the
seat belt warning system meets the requirements of this standard.
The petitioner states that with the exemption of the seat belts the
occupant crash protection system used in these vehicles is identical to
that found in the U.S.-certified model.
Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles
and installation of U.S.-model seat belts on vehicles that are not
already so equipped.
Standard No. 225 Child Restraint Anchorage Systems: Inspection of
all vehicles and installation of U.S.-model child restraint anchorage
system components on vehicles not already so equipped.
Standard No. 401 Interior Trunk Release: Inspection of all vehicles
and installation of U.S.-model components on vehicles not already so
equipped.
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: January 4, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-56 Filed 1-7-10; 8:45 am]
BILLING CODE 4910-59-P
