65126 Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Notices

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: December 5, 1997.

Marilynne Jacobs, Director,

Office of Vehicle Safety Compliance.

[FR Doc. 97–32343 Filed 12–9–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–97–3189]

Notice of Receipt of Petition for

Decision That Nonconforming 1994–

1998 Mercedes-Benz S320 Passenger

Cars Are Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of receipt of petition for

decision that nonconforming 1994–1998

Mercedes-Benz S320 passenger cars are

eligible for importation.

SUMMARY: This notice announces receipt

by the National Highway Traffic Safety

Administration (NHTSA) of a petition

for a decision that 1994–1998 MercedesBenz S320 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 9, 1998.

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 10 am to

5 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

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 1994–1998 Mercedes-Benz

S320 passenger cars are eligible for

importation into the United States. The

vehicles which Champagne believes are

substantially similar are the 1994–1998

Mercedes-Benz S320 that were

manufactured for importation into, and

sale in, the United States and certified

by their manufacturer, Daimler Benz,

A.G., as conforming to all applicable

Federal motor vehicle safety standards.

The petitioner claims that it carefully

compared non-U.S. certified 1994–1998

Mercedes-Benz S320 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.

Champagne submitted information

with its petition intended to

demonstrate that non-U.S. certified

1994–1998 Mercedes-Benz S320

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 1994–1998 MercedesBenz S320 passenger cars are identical

to their U.S. certified counterparts 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.

Additionally, the petitioner states that

non-U.S. certified 1994–1998 MercedesBenz S320 passenger cars comply with

the Bumper Standard found in 49 CFR

Part 581.

Petitioner also contends that non-U.S.

certified 1994–1998 Mercedes-Benz

S320 passenger cars are 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 a

noncomplying 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.

Standard No. 110 Tire Selection and

Rims: installation of a tire information

placard.

Standard No. 111 Rearview Mirror:

replacement of the passenger side

rearview mirror.

Standard No. 114 Theft Protection:

installation of a warning buzzer

microswitch and a warning buzzer in

the steering lock assembly.

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

rear door locking buttons with U.S.-

model components.
Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Notices 65127

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 switch

actuated seat belt warning lamp and

buzzer; (c) replacement of the driver’s

and passenger’s side air bags and knee

bolsters if these are not 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 in each front

designated seating position, with

combination lap and shoulder restraints

that release by means of a single push

button in 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.

Petitioner states that a vehicle

identification number plate will be

affixed to non-U.S. certified 1994–1998

Mercedes-Benz S320 passenger cars 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 Management, Room PL–401,

400 Seventh St., SW, 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: December 5, 1997.

Marilynne Jacobs,

Director Office of Vehicle Safety Compliance.

[FR Doc. 97–32344 Filed 12–9–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–97–3146]

Toyota Technical Center, U.S.A., Inc.,

Receipt of Application for Decision of

Inconsequential Noncompliance

Toyota Technical Center, U.S.A., Inc.

(Toyota) of Washington, D.C. on behalf

of the Toyota Motor Manufacturing,

Kentucky, Inc. has determined that

some 1998 model Toyota Sienna

vehicles fail to comply with 49 CFR

571.120, Federal Motor Vehicle Safety

Standard (FMVSS) No. 120, ‘‘Tire

Selection and Rims for Vehicles Other

Than Passenger Cars,’’ and has filed an

appropriate report pursuant to 49 CFR

Part 573, ‘‘Defect and Noncompliance

Reports.’’ Toyota has also applied to be

exempted from the notification and

remedy requirements of 49 U.S.C.

Chapter 301—‘‘Motor Vehicle Safety’’

on the basis that the noncompliance is

inconsequential to motor vehicle safety.

This notice of receipt of an

application is published under 49

U.S.C. 30118 and 30120 and does not

represent any agency decision or other

exercise of judgment concerning the

merits of the application.

Paragraph S5.3 of FMVSS No. 120

states that the recommended cold

inflation pressure for the designated tire

must appear either on the certification

label or a tire information label.

Toyota produced 8,528 vehicles from

May 12, 1997 through October 13, 1997

which do not meet the labeling

requirements stated in the standard. The

recommended 240KPa (35 PSI) cold

inflation pressure for the designated tire

(P205/70R15) is misstated on the

certification label as 220 KPa (33 PSI).

However, the correct tire inflation

pressure appears on the voluntaryaffixed tire information label and in the

vehicle owners manual.

Toyota supports its application for

inconsequential noncompliance with

the following three statements:

1. On these vehicles, Toyota has

applied a voluntary tire information

label, on which the correct

recommended pressure, ‘‘240 KPa/35

PSI’’ (at maximum loaded vehicle

weight) appears, [located at] the door

opening portion of the driver side Bpillar. Toyota believes that owners will

refer to this tire information label rather

than the certification label, making the

possibility of confusion due to the

different tire inflation pressures quite

low.

2. The vehicle owner’s manual also

indicates the correct recommended

inflation pressure.

3. The Maximum Loaded Vehicle

Weight (MLVW)—the weight of the

heaviest vehicle of the car line with full

accessories, passengers in all designated

seating positions, and maximum cargo

and luggage load—of the Toyota Sienna

is 2,365 kg. In such [a] fully-loaded

condition, the rear axle is loaded more

than the front [axle], resulting in a rear

axle load of 1,204 kg or 602 kg on each

rear tire. The load limit of the subject

P205/70R15 tire inflated to 220 KPa (33

PSI) is 650 kg. Therefore, there still

exists a 48 kg margin under the MLVW.

Since the Sienna is a passenger

vehicle—as opposed to a cargo

vehicle—it is unlikely that the owner

will overload it.

Interested persons are invited to

submit written data, views, and

arguments on the application of Toyota

described above. Comments should refer

to the docket number and be submitted

to: U.S. Department of Transportation,

Docket Management, Room PL–401, 400

Seventh Street, S.W., Washington, D.C.,

20590. It is requested that two copies be

submitted.

All comments received before the

close of business on the closing date

indicated below will be considered. The

application and supporting materials,

and all comments received after the

closing date, will also be filed and will

be considered to the extent possible.

When the application is granted or

denied, the notice will be published in

the Federal Register pursuant to the

authority indicated below.

Comment closing date: January 9,

1998.

(49 U.S.C. 30118, 30120; delegations of

authority at 49 CFR 1.50 and 501.8)

Issued on: December 4, 1997.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–32266 Filed 12–9–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33510]

Kansas City Southern Lines, Inc.;

Corporate Family Transaction

Exemption; KCS Transportation

Company and the Kansas City

Southern Railway Company

Kansas City Southern Industries, Inc.

(KCSI), Kansas City Southern Lines, Inc.

(KCSL), the Kansas City Southern