53048 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Notices

applicable Federal motor vehicle safety

standards.

Champagne submitted information

with its petition intended to

demonstrate that the 1990–1991

Mercedes Benz 420 SE, as originally

manufactured, conforms to many

Federal motor vehicle safety standards

in the same manner as the 1990–1991

Mercedes Benz 420 SEL that was offered

for sale in the United States, or is

capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that

the 1990–1991 Mercedes Benz 420 SE is

identical to the certified 1990–1991

Mercedes Benz 420 SEL with respect to

compliance with Standard Nos. 102

Transmission Shift Lever Sequence

* * *., 103 Defrosting and Defogging

Systems, 104 Windshield Wiping and

Washing Systems, 105 Hydraulic Brake

Systems, 106 Brake Hoses, 109 New

Pneumatic Tires, 113 Hood Latch

Systems, 116 Brake Fluid, 124

Accelerator Control Systems, 201

Occupant Protection in Interior Impact,

202 Head Restraints, 204 Steering

Control Rearward Displacement, 205

Glazing Materials, 207 Seating Systems,

209 Seat Belt Assemblies, 210 Seat Belt

Assembly Anchorages, 212 Windshield

Retention, 216 Roof Crush Resistance,

219 Windshield Zone Intrusion, and 302

Flammability of Interior Materials.

Petitioner also contends that the

vehicle is capable of being readily

altered to meet the following standards,

in the manner indicated:

Standard No. 101 Controls and

Displays: (a) Substitution of a lens

marked ‘‘Brake’’ for a lens with an ECE

symbol on the brake failure indicator

lamp; (b) installation of a seat belt

warning lamp that displays the

appropriate symbol; (c) recalibration of

the speedometer/odometer from

kilometers to miles per hour.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

Installation of U.S.-model headlamp

assemblies; (b) installation of U.S.-

model front and rear sidemarker/

reflector assemblies; (c) installation of

U.S.-model taillamp assemblies; (d)

installation of a high mounted stop

lamp.

Standard No. 110 Tire Selection and

Rims: installation of a tire information

placard.

Standard No. 111 Rearview Mirrors:

replacement of the passenger side rear

view mirror.

Standard No. 114 Theft Protection:

installation of a buzzer microswitch in

the steering lock assembly, and a

warning buzzer.

Standard No. 118 Power Window

Systems: rewiring of the power window

system so that the window transport is

inoperative when the ignition is

switched off.

Standard No. 206 Door Locks and

Door Retention Components:

replacement of the rear door locks and

locking buttons with U.S.-model parts.

Standard No. 208 Occupant Crash

Protection: (a) Installation of a U.S.-

model seat belt in the driver’s position,

or a belt webbing-actuated microswitch

inside the driver’s seat belt retractor; (b)

installation of an ignition switchactuated seat belt warning lamp and

buzzer; (c) replacement of the driver’s

side air bag and knee bolster with U.S.-

model components. The petitioner

states that the vehicles are equipped

with combination lap and shoulder

restraints that adjust by means of an

automatic retractor and release by

means of a single push button at each

front designated seating position, with

combination lap and shoulder restraints

that release by means of a single push

button at each rear outboard designated

seating position, and with a lap belt in

the rear center designated seating

position.

Standard No. 214 Side Impact

Protection: installation of reinforcing

beams.

Standard No. 301 Fuel System

Integrity: installation of a rollover valve

in the fuel tank vent line between the

fuel tank and the evaporative emissions

collection canister.

Additionally, the petitioner states that

the bumpers on the 1990–1991

Mercedes Benz 420 SE must be

reinforced, or U.S.-model bumper

components must be installed, to

comply with the Bumper Standard

found in 49 CFR part 581.

The petitioner also states that a

vehicle identification number plate

must be affixed to the vehicle to comply

with 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 Section, National Highway

Traffic Safety Administration, Room

5109, 400 Seventh Street, S.W.,

Washington, DC 20590. 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.

Issued on: October 6, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97–26923 Filed 10–9–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. 97–069; Notice 1]

Notice of Receipt of Petition for

Decision That Nonconforming 1987–

1995 BMW K75S Motorcycles Are

Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of receipt of petition for

decision that nonconforming 1987–1995

BMW K75S motorcycles are eligible for

importation.

SUMMARY: This document announces

receipt by the National Highway Traffic

Safety Administration (NHTSA) of a

petition for a decision that 1987–1995

BMW K75S motorcycles 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 November 10, 1997.

ADDRESSES: Comments should refer to

the docket number and notice number,

and be submitted to: Docket Section,

Room 5109, National Highway Traffic

Safety Administration, 400 Seventh St.,

SW, Washington, DC 20590. [Docket

hours are from 9:30 am to 4 pm]

FOR FURTHER INFORMATION CONTACT:

George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202–366–

5306).

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
Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Notices 53049

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.

Champagne Imports, Inc. of Lansdale,

Pennsylvania (‘‘Champagne’’)

(Registered Importer 90–009) has

petitioned NHTSA to decide whether

1987–1995 BMW K75S motorcycles are

eligible for importation into the United

States. The vehicles which Champagne

believes are substantially similar are

1987–1995 BMW K75S motorcycles that

were manufactured for importation into,

and sale in, the United States and

certified by their manufacturer,

Bayerische Motorenwerke A.G., as

conforming to all applicable Federal

motor vehicle safety standards.

The petitioner claims that it carefully

compared non-U.S. certified 1987–1995

BMW K75S motorcycles 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.

Champagne submitted information

with its petition intended to

demonstrate that non-U.S. certified

1987–1995 BMW K75S motorcycles, 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 1987–1995 BMW

K75S motorcycles are identical to their

U.S. certified counterparts with respect

to compliance with Standard Nos. 106

Brake Hoses, 111 Rearview Mirrors, 116

Brake Fluid, 119 New Pneumatic Tires

for Vehicles other than Passenger Cars,

and 122 Motorcycle Brake Systems.

Petitioner also contends that the

vehicles are capable of being readily

altered to meet the following standards,

in the manner indicated:

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment:

installation of U.S.-model headlamp

assemblies.

Standard No. 120 Tire Selection and

Rims for Vehicles other than Passenger

Cars: installation of a tire information

placard.

Standard No. 123 Motorcycle Controls

and Displays: installation of a U.S.

model speedometer calibrated in miles

per hour.

The petitioner also states that vehicle

identification number plates meeting

the requirements of 49 CFR Part 565

will be affixed to non-U.S. certified

1987–1995 BMW K75S motorcycles.

Comments should refer to the docket

number and be submitted to: Docket

Section, National Highway Traffic

Safety Administration, Room 5109, 400

Seventh Street, S.W., Washington, DC

20590. 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.

Issued on: October 7, 1997.

Marilynne Jacobs,

Director Office of Vehicle Safety Compliance.

[FR Doc. 97–27007 Filed 10–9–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

[Docket No. RSPA–97–2968 (PDA–17(R))]

Application by William E. Comley, Inc.

and TWC Transportation Corporation

for a Preemption Determination as to

Public Utilities Commission of Ohio

Requirements for Cargo Tanks

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Public notice and invitation to

comment.

SUMMARY: Interested parties are invited

to submit comments on an application

by William E. Comley, Inc. and TWC

Transportation Corporation for an

administrative determination whether

Federal hazardous materials

transportation law preempts

requirements enforced by the Public

Utilities Commission of Ohio

concerning the transportation of

hypochlorite solutions in non-DOT

specification cargo tank motor vehicles.

DATES: Comments received on or before

November 24, 1997, and rebuttal

comments received on or before

December 9, 1997, will be considered

before an administrative ruling is issued

by RSPA’s Associate Administrator for

Hazardous Materials Safety. Rebuttal

comments may discuss only those

issues raised by comments received

during the initial comment period and

may not discuss new issues.

ADDRESSES: The application and all

comments received may be reviewed in

the Dockets Office, U.S. Department of

Transportation, Room PL–401, 400

Seventh Street, SW, Washington, DC

20590–0001. Comments may be

submitted to the Dockets Office at the

above address. Three copies of each

written comment should be submitted.

Comments may also be submitted by Email to ‘‘rspa.counsel@rspa.dot.gov.’’

Each comment should refer to the

Docket Number set forth above.

A copy of each comment must also be

sent to (1) Mr. William E. Comley, Sr.,

Chairman, WECCO/TWC, 28 Kenton

Lands Road, P.O. Box 18580, Erlanger,

KY 41018, and (2) Mr. William L.

Wright, Assistant Attorney General,

Public Utilities Section, 180 East Broad

Street, Columbus, OH 43215–3793. A

certification that a copy has been sent to

these persons must also be included

with the comment. (The following

format is suggested: ‘‘I certify that

copies of this comment have been sent

to Messrs. Comley and Wright at the

addresses specified in the Federal

Register.’’)

FOR FURTHER INFORMATION CONTACT:

Frazer C. Hilder, Office of the Chief

Counsel, Research and Special Programs

Administration, U.S. Department of

Transportation, Washington, DC 20590–

0001 (Tel. No. 202–366–4400).

SUPPLEMENTARY INFORMATION:

I. Application for a Preemption

Determination

William E. Comley, Inc. (WECCO) and

TWC Transportation Corporation (TWC)

have applied for a determination that

Federal hazardous material

transportation law, 49 U.S.C. 5101 et

seq., preempts certain requirements of

the State of Ohio, enforced by the Public

Utilities Commission of Ohio (PUCO),