70504 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Notices 

Second Avenue, Suite 3142, Seattle, WA 

98174–1002, (206) 220–7954.

[FR Doc. 04–26751 Filed 12–3–04; 8:45 am] 

BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19737] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2004 

Mercedes Benz Type 463 Short Wheel 

Base (SWB) Gelaendewagen 

Multipurpose Passenger Vehicles 

(MPVs) Are Eligible for Importation

AGENCY: National Highway Traffic 

Safety Administration, DOT.

ACTION: Notice of receipt of petition for 

decision that nonconforming 2004 

Mercedes Benz type 463 SWB 

Gelaendewagen MPVs are eligible for 

importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2004 

Mercedes Benz type 463 SWB 

Gelaendewagen MPVs 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 January 5, 2005.

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 am to 

5 pm]. 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. 

Under 49 U.S.C. 30141(a)(1)(B), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable Federal motor vehicle safety 

standards may also be granted 

admission into the United States, even 

if there is no substantially similar motor 

vehicle of the same model year 

originally manufactured for importation 

into and sale in United States, if the 

safety features of the vehicle comply 

with or are capable of being altered to 

comply with those standards based on 

destructive test information or other 

evidence that NHTSA decides is 

adequate. 

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 Baltimore, Maryland 

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

has petitioned NHTSA to decide 

whether 2004 Type 463 SWB 

Gelaendewagen MPVs are eligible for 

importation into the United States. J.K. 

has identified its petition as pertaining 

to both the Cabriolet and the Three Door 

versions of these vehicles. J.K. believes 

that these vehicles can be made to 

conform to all applicable Federal motor 

vehicle safety standards (FMVSS).

In its petition, J.K. noted that NHTSA 

has granted import eligibility to 2001–

2003 Mercedes Benz type 463 SWB 

Gelaendewagen MPVs (VCP–25) that 

they claim are identical to the 2004 

Mercedes Benz type 463 SWB 

Gelaendewagen MPVs that are the 

subject of this petition. In their petition 

for the 2001–2003 vehicles the 

petitioner stated that over a period of 

ten years, NHTSA has granted import 

eligibility to a number of Mercedes Benz 

Gelaendewagen type 463 vehicles. 

These include the 1990–1996 SWB 

version of the vehicle (assigned vehicle 

eligibility number VCP–14) and the 

1996 through 2001 long wheel base 

(LWB) version of the vehicle (assigned 

vehicle eligibility numbers VCP–11, 15, 

16, 18, and 21). These eligibility 

decisions were based on petitions 

submitted by J.K. and another register 

importer, Europa International, Inc., 

claiming that the vehicles were capable 

of being altered to comply with all 

applicable FMVSS. Because those 

vehicles were not manufactured for 

importation into and sale in the United 

States, and were not certified by their 

original manufacturer (Daimler Benz), as 

conforming to all applicable FMVSS, 

they cannot be categorized as 

‘‘substantially similar’’ to the 2004 SWB 

versions for purposes of establishing 

import eligibility under 49 U.S.C. 

30141(a)(1)(A). In addition, while there 

are some similarities between the SWB 

and LWB versions, NHTSA has decided 

that the 2002 through 2005 LWB 

versions of the vehicle that Mercedes 

Benz has manufactured for importation 

into and sale in the United States cannot 

be categorized as substantially similar to 

the SWB versions for the purpose of 

establishing import eligibility under 

section 30141(a)(1)(A). Therefore, we 

will construe J.K.’s petition as a petition 

pursuant to 49 U.S.C. 30141(a)(1)(B). 

J.K. submitted information with its 

petition intended to demonstrate that 

2004 Type 463 SWB Gelaendewagen 

MPVs, as originally manufactured, 

comply with many applicable FMVSS 

and are capable of being modified to 

comply with all other applicable 

standards to which they were not 

originally manufactured to conform. 

Specifically, the petitioner claims that 

2004 Type 463 SWB Gelaendewagen 

MPVs has safety features that comply 

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, 113 

Hood Latch System, 116 Motor Vehicle 

Brake Fluid, 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 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Notices 70505

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, and 302 Flammability of 

Interior Materials.

Petitioner also contends that the 

vehicles are capable of being able to 

meet the following standards, in the 

manner indicated: 

Standard No. 101 Controls and 

Displays: (a) Replacement of the 

instrument cluster with the U.S.-model 

component; (b) replacement of the 

cruise control lever with a U.S.-model 

component on vehicles that are not so 

equipped; (c) reprogramming and 

initialization of the vehicle control 

system to integrate the new instrument 

cluster and activate required warning 

systems. 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: (a) 

Installation of U.S.-model headlamps 

and front sidemarker lights; (b) 

installation of U.S.-model taillamp 

assemblies or modification of existing 

taillamps to conform to the standard; (c) 

installation of U.S.-model sidemarker 

lights. 

Standard No. 111 Rearview Mirrors:

replacement of the passenger side 

rearview mirror with a U.S.-model 

component or inscription of the 

required warning statement on the 

mirror’s surface. 

Standard No. 114 Theft Protection:

reprogramming of the vehicle control 

systems to activate the required driver 

warning.

Standard No. 118 Power-Operated 

Window, Partition, and Roof Panel 

Systems: reprogramming of the vehicle 

control systems to meet the 

requirements of this 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: programming of the vehicle 

control systems to activate the required 

seat belt warning system. The petitioner 

states that the vehicles are equipped 

with driver’s and passenger’s air bags 

and knee bolsters, and with 

combination lap and shoulder belts that 

are self-tensioning and that release by 

means of a single red push button at the 

front and rear outboard seating 

positions. 

Standard No. 225 Child Restraint 

Anchorage Systems: installation of U.S.-

model child seat anchorage 

components. 

Standard No. 301 Fuel System 

Integrity: The petitioner states that the 

vehicles’ fuel systems must be modified 

with U.S.-model parts to meet U.S. 

Environmental Protection Agency (EPA) 

OBDII, Spit Back, and enhanced EVAP 

requirements. The petitioner claims that 

as modified, these systems will control 

all fuel leaks in the case of an impact. 

The petitioner also states that a 

vehicle identification plate must be 

affixed to the vehicle near the left 

windshield post and a reference and 

certification label must be affixed in the 

area of the left front door 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 am to 

5 pm.] 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. 04–26752 Filed 12–3–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF THE TREASURY

Submission for OMB Review; 

Comment Request 

November 29, 2004. 

The Department of Treasury has 

submitted the following public 

information collection requirement(s) to 

OMB for review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Copies of the 

submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, 1750 

Pennsylvania Avenue, NW., 

Washington, DC 20220. 

Dates: Written comments should be 

received on or before January 5, 2005 to 

be assured of consideration. 

Financial Crimes Enforcement Network 

(FinCEN) 

OMB Number: 1506–0013. 

Form Number: FinCEN 104 (Formerly 

Customs Form 4789). 

Type of Review: Revision. 

Title: Registration of Money Services 

Business, 31 CFR 103.41. 

Description: Money services 

businesses file Form 107 to register with 

the Department of the Treasury 

pursuant to 31 U.S.C. 5330 and 31 CFR 

103.41. The information on the form is 

used by criminal investigators, and 

taxation and regulatory enforcement 

authorities, during the course of 

investigations involving financial 

crimes. 

Respondents: Business or other forprofit, Individuals or households, Notfor-profit institutions. 

Estimated Number of Respondents/

Recordkeepers: 17,000. 

Estimated Burden Hours Per 

Respondent/Recordkeeper: 45 minutes. 

Frequency of Response: Other (as 

required). 

Estimated Total Reporting/

Recordkeeping Burden: 17,600 hours. 

Clearance Officer: Steve Rudzinski, 

(703) 905–3845, Financial Crimes 

Enforcement Network, 2070 Chain 

Bridge Road, Suite 200, Vienna, VA 

22182. 

OMB Reviewer: Joseph F. Lackey, Jr., 

(202) 395–7316, Office of Management 

and Budget, Room 10235, New 

Executive Office Building, Washington, 

DC 20503.

Lois K. Holland, 

Treasury PRA Clearance Officer.

[FR Doc. 04–26720 Filed 12–3–04; 8:45 am] 

BILLING CODE 4810–02–P

DEPARTMENT OF THE TREASURY

Submission for OMB Review; 

Comment Request 

November 29, 2004. 

The Department of Treasury has 

submitted the following public 

information collection requirement(s) to 

OMB for review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Copies of the 

submission(s) may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding this 

information collection should be 

addressed to the OMB reviewer listed 

and to the Treasury Department 

Clearance Officer, Department of the 

Treasury, Room 11000, 1750