77314 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Notices 

of Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to grant waivers of the U.S.-

build requirement of the coastwise laws 

under certain circumstances. A request 

for such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket 2004–19920 at 

http://dms.dot.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with Pub. L. 105–383 and 

MARAD’s regulations at 46 CFR Part 

388 (68 FR 23084; April 30, 2003), that 

the issuance of the waiver will have an 

unduly adverse effect on a U.S.-vessel 

builder or a business that uses U.S.-flag 

vessels in that business, a waiver will 

not be granted. Comments should refer 

to the docket number of this notice and 

the vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR Part 388.

DATES: Submit comments on or before 

January 26, 2005.

ADDRESSES: Comments should refer to 

docket number MARAD–2004 19920. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. DOT Dockets, Room PL–401, 

Department of Transportation, 400 7th 

St., SW., Washington, DC 20590–0001. 

You may also send comments 

electronically via the Internet at http://

dmses.dot.gov/submit/. All comments 

will become part of this docket and will 

be available for inspection and copying 

at the above address between 10 a.m. 

and 5 p.m., e.t., Monday through Friday, 

except Federal holidays. An electronic 

version of this document and all 

documents entered into this docket is 

available on the World Wide Web at 

http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Michael Hokana, U.S. Department of 

Transportation, Maritime 

Administration, MAR–830 Room 7201, 

400 Seventh Street, SW., Washington, 

DC 20590. Telephone 202–366–0760.

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel TEMPTATION is: 

Intended Use: Day sail charter use. 

Geographic Region: Texas.

Dated: December 17, 2004.

By order of the Maritime Administrator. 

Joel C. Richard, 

Secretary, Maritime Administration.

[FR Doc. 04–28205 Filed 12–23–04; 8:45 am] 

BILLING CODE 4910–81–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2004–19875] 

Notice of Receipt of Petition for 

Decision That Nonconforming 1998 

BMW 3 Series Passenger Cars Are 

Eligible for Importation

AGENCY: National Highway Traffic 

Safety Administration, DOT.

ACTION: Notice of receipt of petition for 

decision that nonconforming 1998 BMW 

3 series passenger cars are eligible for 

importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 1998 BMW 

3 series passenger cars 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 26, 2005.

ADDRESSES: Comments should refer to 

the docket number and notice number, 

and be submitted to: Docket 

Management, Room PL–401, 400 

Seventh Street, 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. 

Sunshine Car Import (‘‘SCI’’) of Ft. 

Myers, Florida, (Registered Importer 01–

289) has petitioned NHTSA to decide 

whether nonconforming 1998 BMW 3 

series passenger cars are eligible for 

importation into the United States. The 

vehicles which SCI believes are 

substantially similar are 1998 BMW 3 

series passenger cars 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 1998 BMW 

3 series passenger cars 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. 

SCI submitted information with its 

petition intended to demonstrate that 

non-U.S. certified 1998 BMW 3 series 

passenger cars, 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 1998 BMW 3 series 

passenger cars are identical to their U.S. 

certified counterparts with respect to 

Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Notices 77315

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, 105 Hydraulic and Electric 

Brake Systems, 106 Brake Hoses, 109 

New Pneumatic Tires, 113 Hood Latch 

System, 116 Motor Vehicle Brake Fluids, 

124 Accelerator Control 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, 

216 Roof Crush Resistance, 219 

Windshield Zone Intrusion, 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) Installation of an indicator 

lamp lens cover inscribed with the word 

‘‘brake’’ in the instrument cluster in 

place of the one inscribed with the 

international ECE warning symbol, and 

(b) replacement or conversion of the 

speedometer to read in miles per hours. 

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, front side marker lamps, 

taillamp assemblies that incorporate 

rear side marker lamps, a high-mounted 

stoplamp assembly, and front and rear 

side reflex reflectors. 

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 system to meet the 

requirements of this standard. 

Standard No. 118 Power-Operated 

Window, Partition, and Roof Panel 

Systems: Installation of a supplemental 

relay system to meet the requirements of 

the standard. 

Standard No. 208 Occupant Crash 

Protection: (a) Installation of U.S. 

version software to ensure that the seat 

belt warning system meets the 

requirements of this standard, and (b) 

inspection of all vehicles and 

replacement of any non-U.S.-model 

components (including air bag modules 

and control units, seat belts, and knee 

bolsters) necessary for conformity with 

this standard with U.S.-model 

components. 

Petitioner states that the restraint 

systems used in the vehicles include 

airbags and knee bolsters at the front 

outboard seating positions, and 

combination lap and shoulder belts at 

the front and rear designated seating 

positions. 

Standard No. 214 Side Impact 

Protection: Inspection of all vehicles 

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

components necessary for conformity 

with this standard with U.S.-model 

components. 

Standard No. 301 Fuel System 

Integrity: Inspection of all vehicles and 

replacement of any non-U.S.-model 

components necessary for conformity 

with this standard with U.S.-model 

components. 

The petitioner 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 vehicles will be modified, if 

necessary, to comply with that standard. 

The petitioner also states that all 

vehicles will be inspected for 

conformity with the Bumper Standard 

found in 49 CFR part 581 and that any 

non-U.S.-model components necessary 

for conformity with this standard will 

be replaced 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. 

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 Street, 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. 04–28236 Filed 12–23–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34564] 

Portland & Western Railroad, Inc.—

Lease and Operation Exemption—

Union Pacific Railroad Company 

Portland & Western Railroad, Inc. 

(PNWR), a Class III rail carrier, has filed 

a verified notice of exemption under 49 

CFR 1150.41 to lease and operate 

approximately 0.87 miles of rail line 

currently owned by Union Pacific 

Railroad Company (UP) between 

milepost 741.59 near Willsburg Jct. and 

milepost 740.72 at the connection with 

UP’s main line at Willsburg Jct., in 

Clackamas County, OR. 

PNWR certifies that its projected 

revenues as a result of this transaction 

will not result in the creation of a Class 

II or Class I rail carrier. Because PNWR’s 

projected annual revenues will exceed 

$5 million, PNWR has certified to the 

Board on October 6, 2004, that the 

required notice of the transaction was 

posted at the workplace of the 

employees on the affected line on 

October 1, 2004, and was sent to the 

national offices of the labor unions 

representing employees on the line. See

49 CFR 1150.42(e). 

The transaction was scheduled to be 

consummated on or after December 10, 

2004 (which is more than 60 days after 

PNWR’s certification to the Board that it 

had complied with the Board’s rule at 

49 CFR 1150.42(e)). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34564, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Eric M. 

Hockey, Gollatz, Griffin & Ewing, P.C., 

Four Penn Center, Suite 200, 1600 John 

F. Kennedy Blvd., Philadelphia, PA 

19103–2808.