Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 67207

reports. However, the agency is not 

aware of any turn signal masking 

research involving lamps smaller than 

75 cm2. The Toyota Celica turn signal 

lamps are slightly greater than half that 

size. Research was performed by the 

Society of Automotive Engineers in 

1978 and 1993; however, neither of 

these studies involved turn signal areas 

less than 75 cm2. Furthermore, the 

research report cited by Toyota to 

support its petition indicates that the 

lamp configuration on the Toyota Celica 

increases masking, which is not the case 

with the GM lamp configuration. Toyota 

also failed to quantify the level of 

masking present through analysis of 

turn signal photometric data as GM did 

in supporting its petition. 

FMVSS No. 108 currently permits 

DRLs to be deactivated when turn signal 

lamps are activated, in order to 

eliminate the effects of masking turn 

signals where the minimum 100 mm 

spacing requirement is not met. 

Additionally, the agency notes that 

Toyota issued a Technical Service 

Bulletin (EL011–00) on October 6, 2000 

that addressed how to disable DRLs on 

the Celica for customers that made this 

request. This procedure does not appear 

to be complex. 

In consideration of the foregoing, 

NHTSA has decided that the applicant 

has not met the burden of persuasion 

regarding the noncompliance described 

in its appeal, and the non-compliance is 

consequential to motor vehicle safety. 

Accordingly, Toyota’s application is 

hereby denied and it must proceed to 

notify and remedy as required by 

statute, at no cost to the consumer.

Authority: (49 U.S.C. 30118(d) and 

30120(h); delegations of authority at 49 CFR 

1.50 and 501.8).

Issued on: November 8, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 04–25424 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19547] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2003–

2004 BMW X5 Multipurpose Passenger 

Vehicles, Manufactured From January 

1, 2003, Through December 31, 2004, 

Are Eligible for Importation

AGENCY: National Highway Traffic 

Safety Administration, DOT.

ACTION: Notice of receipt of petition for 

decision that nonconforming 2003–2004 

BMW X5 multipurpose passenger 

vehicles manufactured from January 1, 

2003, through December 31, 2004, are 

eligible for importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2003–2004 

BMW X5 multipurpose passenger 

vehicles manufactured from January 1, 

2003, through December 31, 2004, that 

were not originally manufactured to 

comply with all applicable Federal 

motor vehicle safety standards, are 

eligible for importation into the United 

States because (1) 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, 

and (2) they are capable of being readily 

altered to conform to the standards.

DATES: The closing date for comments 

on the petition is December 16, 2004.

ADDRESSES: Comments should refer to 

the docket number and notice number, 

and be submitted to: Docket 

Management, Room PL–401, 400 

Seventh St., 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 

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 (Volume 

65, Number 70; Pages 19477–78) 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: 

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. 

Automobile Concepts, Inc. (‘‘AMC’’), 

of North Miami, Florida (Registered 

Importer 01–278) has petitioned NHTSA 

to decide whether nonconforming 2003–

2004 BMW X5 multipurpose passenger 

vehicles manufactured from January 1, 

2003 through December 31, 2004, are 

eligible for importation into the United 

States. The vehicles which AMC 

believes are substantially similar are 

2003–2004 BMW X5 multipurpose 

passenger vehicles manufactured from 

January 1, 2003 through December 31, 

2004, that were manufactured for 

importation into, and sale in, the United 

States and certified by their 

manufacturer as conforming to all 

applicable Federal motor vehicle safety 

standards. 

The petitioner claims that it carefully 

compared non-U.S. certified 2003–2004 

BMW X5 multipurpose passenger 

vehicles manufactured from January 1, 

2003 through December 31, 2004, to 

their U.S.-certified counterparts, and 

found the vehicles to be substantially 

similar with respect to compliance with 

most Federal motor vehicle safety 

standards.

AMC submitted information with its 

petition intended to demonstrate that 

non-U.S. certified 2003–2004 BMW X5 

multipurpose passenger vehicles 

manufactured from January 1, 2003 

through December 31, 2004, as 

originally manufactured, conform to 

many Federal motor vehicle safety 

standards 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 2003–2004 BMW X5 

multipurpose passenger vehicles 

manufactured from January 1, 2003 

through December 31, 2004, 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 

67208 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Notices 

Washing Systems, 106 Brake Hoses, 113 

Hood Latch System, 116 Motor Vehicle 

Brake Fluids, 119 New Pneumatic Tires 

for Vehicles Other than Passenger Cars,

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, 212 Windshield 

Mounting, 214 Side Impact Protection,

216 Roof Crush Resistance, 219 

Windshield Zone Intrusion, 225 Child 

Restraint Anchorage Systems, 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: Installation of a U.S.-model 

instrument cluster. 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment:

Inspection of all vehicles and 

installation, on vehicles that are not 

already so equipped, of U.S.-model 

headlamps, taillamps, and front and rear 

side marker lamps that incorporate side 

reflex reflectors. 

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 the passenger side rearview 

mirror. 

Standard No. 114 Theft Protection:

Reprogramming and rewiring the 

vehicle’s systems, as required, to ensure 

compliance with the standard. 

Standard No. 118 Power-Operated 

Window, Partition, and Roof Panel 

Systems: Reprogramming the vehicle 

computer to the U.S.-mode to ensure 

compliance with the standard. 

Standard No. 120 Tire Selection and 

Rims for Motor Vehicles Other than 

Passenger Cars: Installation of a tire 

information placard. 

Standard No. 208 Occupant Crash 

Protection: (a) Inspection of all vehicles 

and replacement of any non U.S.-model 

seat belts, air bag control units, air bags, 

sensors, and knee bolsters with U.S.-

model components on vehicles that are 

not already so equipped, and (b) 

reprogramming the vehicle computer to 

the U.S.-mode to ensure compliance 

with the standard. 

The petitioner states that the occupant 

restraints used in these vehicles consist 

of dual front airbags and combination 

lap and shoulder belts at the front and 

rear outboard seating positions. These 

manual systems are automatic, selftensioning, and are released by means of 

a single red push-button. 

Standard No. 209 Seat Belt 

Assemblies: Inspection of all vehicles 

and replacement of non-U.S. model seat 

belt assemblies with U.S.-model 

components. 

Standard No. 210 Seat Belt Assembly 

Anchorages: Inspection of all vehicles 

and replacement of any non-U.S.-model 

seat belt anchorages with U.S.-model 

components on vehicles that are not 

already so equipped. 

Standard No. 301 Fuel System 

Integrity: Inspection of all vehicles and 

installation of U.S.-model components, 

on vehicles that are not already so 

equipped, to ensure compliance with 

the standard. 

The petitioner also states that all 

vehicles will be inspected prior to 

importation to assure compliance with 

the Theft Prevention Standard at 49 CFR 

Part 541 and that U.S.-model antitheft 

components will be installed, if 

necessary, to achieve compliance with 

that standard. 

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. 

Interested persons are invited to 

submit comments on the petition 

described above. Comments should refer 

to the docket number and be submitted 

to: Docket Management, Room PL–401, 

400 Seventh St., SW., Washington, DC 

20590. (Docket hours are from 9 a.m. to 

5 p.m.) It is requested but not required 

that 10 copies be submitted. 

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)(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. 04–25420 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19549] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2001 

Chevrolet Blazer Multipurpose 

Passenger Vehicles Are Eligible for 

Importation

AGENCY: National Highway Traffic 

Safety Administration, DOT.

ACTION: Notice of receipt of petition for 

decision that nonconforming 2001 

Chevrolet Blazer multipurpose 

passenger vehicles are eligible for 

importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2001 

Chevrolet Blazer multipurpose 

passenger vehicles that were not 

originally manufactured to comply with 

all applicable Federal motor vehicle 

safety standards 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, and (2) they are 

capable of being readily altered to 

conform to the standards.

DATES: The closing date for comments 

on the petition is December 16, 2004.

ADDRESSES: Comments should refer to 

the docket number and notice number, 

and be submitted to: Docket 

Management, Room PL–401, 400 

Seventh St., 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 

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 (Volume 

65, Number 70; Pages 19477–78) 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: 

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