[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Pages 9019-9020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3967]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0014; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2009 AL Spaw EMA Mobile Stage Trailers Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2009 AL Spaw EMA Mobile Stage trailers are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2009 AL Spaw EMA Mobile Stage trailers 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 have safety features that comply with, or are capable of 
being altered to comply with, all such standards.

DATES:  The closing date for comments on the petition is March 29, 
2010.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 http://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 http://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)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be 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.
    Red Top Auto Sales (Red Top) of Fort Myers, Florida (Registered 
Importer 08-354) has petitioned NHTSA to decide whether 2009 AL Spaw 
EMA Mobile Stage trailers that were not originally manufactured to 
conform to all applicable FMVSS are eligible for importation into the 
United States. Red Top contends that these vehicles are eligible for 
importation under 49 U.S.C. 30141(a)(1)(B) because they have safety 
features that comply with, or are capable of being altered to comply 
with, all applicable FMVSS. Red Top submitted information with its 
petition intended to demonstrate that 2009 AL Spaw EMA Mobile Stage 
trailers are capable of being modified to comply with all applicable 
standards.
    Specifically, the petitioner claims that 2009 AL Spaw EMA Mobile 
Stage trailers are capable of being altered to meet the following 
standards, in the manner indicated:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of conforming rear reflex reflectors, license 
plate lamps, rear side marker lamps, front side marker lamps, 
intermediate side markers lamps, rear side reflex reflectors, front 
side reflex reflectors, intermediate side reflex reflectors, rear 
identification lamps and rear clearance lamps, to achieve compliance 
with the standard.
    Standard No. 109 New Pneumatic Tires for Vehicles Other than 
Passenger Cars: Inspection of all vehicles and replacement of any non 
conforming tires with ones that meet the standard.
    Standard No. 110 Tire Selection and Rims for Motor Vehicles Other 
than

[[Page 9020]]

Passenger Cars: installation of conforming rims and a tire information 
placard to achieve compliance with the standard.
    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.

    Issued on: February 22, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-3967 Filed 2-25-10; 8:45 am]
BILLING CODE 4910-59-P