27118 Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Notices

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, 206 Door Locks and

Door Retention Components, 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 1997–1998 MercedesBenz SLK passenger cars comply with

the Bumper Standard found in 49 CFR

Part 581 and with the Theft Prevention

Standard found in 49 CFR Part 541.

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) 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 that incorporate headlamps

with DOT markings; (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 with a U.S.-model

component.

Standard No. 114 Theft Protection:

installation of a warning 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. 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

and passenger’s side air bags and knee

bolsters with U.S.-model components if

the vehicle is not so equipped. 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 both

front designated seating positions, with

combination lap and shoulder restraints

that release by means of a single push

button at both rear outboard designated

seating positions, 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.

The petitioner also states that a

vehicle identification number plate

must be affixed to the vehicles 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 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: May 11, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98–13013 Filed 5–14–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–98–3810]

Notice of Receipt of Petition for

Decision That Nonconforming 1998

Mercedes-Benz Gelaendewagen, Type

463, Multi-Purpose Passenger Vehicles

Are Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Request for comments on

petition for decision that

nonconforming 1998 Mercedes-Benz

Gelaendewagen Type 463 multi-purpose

passenger vehicles (MPVs) are eligible

for importation.

SUMMARY: This notice requests

comments on a petition submitted to the

National Highway Traffic Safety

Administration (NHTSA) for a decision

that a 1998 Mercedes-Benz

Gelaendewagen Type 463 MPV that was

not originally manufactured to comply

with all applicable Federal motor

vehicle safety standards is eligible for

importation into the United States

because it has safety features that

comply with, or are capable of being

altered to comply with, all such

standards.

DATE: The closing date for comments on

the petition is June 15, 1998.

ADDRESS: 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. Where there is

no substantially similar U.S.-certified

motor vehicle, 49 U.S.C. 30141(a)(1)(B)
Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Notices 27119

permits a nonconforming motor vehicle

to be admitted into the United States if

its safety features comply with, or are

capable of being altered to comply with,

all applicable Federal motor vehicle

safety standards 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.

Europa International, Inc. of Santa Fe,

New Mexico (Registered Importer No.

R–91–002) has petitioned NHTSA to

decide whether 1998 Mercedes-Benz

Gelaendewagen Type 463 MPVs are

eligible for importation into the United

States. Europa contends that this vehicle

is eligible for importation under 49

U.S.C. § 30141(a)(1)(B) because it has

safety features that comply with, or are

capable of being altered to comply with,

all applicable Federal motor vehicle

safety standards.

Specifically, the petitioner claims that

the 1998 Mercedes-Benz

Gelaendewagen Type 463 MPV has

safety features that comply with

Standard Nos. 102 Transmission Shift

Lever Sequence . . . . (based on visual

inspection and operation), 103

Defrosting and Defogging Systems

(based on visual inspection), 104

Windshield Wiping and Washing

Systems (based on operation), 106 Brake

Hoses (based on visual inspection of

certification markings), 113 Hood Latch

Systems (based on information in

owner’s manual describing operation of

secondary latch mechanism), 116 Brake

Fluids (based on visual inspection of

certification markings and information

in owner’s manual describing fluids

installed at factory), 119 New Pneumatic

Tires for Vehicles other than Passenger

Cars (based on visual inspection of

certification markings), 124 Accelerator

Control Systems (based on operation

and comparison to U.S.-certified

vehicles), 201 Occupant Protection in

Interior Impact (based on test data and

certification of vehicle to European

standard), 202 Head Restraints (based

on Standard No. 208 test data for prior

model year vehicle with same head

restraint and certification of vehicle to

European standard), 204 Steering

Control Rearward Displacement (based

on test film for prior model year

vehicle), 205 Glazing Materials (based

on visual inspection of certification

markings), 207 Seating Systems, (based

on test results and certification of

vehicle to European standard), 209 Seat

Belt Assemblies (based on wiring

diagram of seat belt warning system and

visual inspection of certification

markings), 211 Wheel Nuts, Wheel Discs

and Hubcaps (based on visual

inspection), 214 Side Impact Protection

(based on test results for prior model

year vehicle), and 219 Windshield Zone

Intrusion (based on test results and

certification information for prior model

year vehicle).

The petitioner also contends that the

1998 Mercedes-Benz Gelaendewagen

Type 463 MPV is capable of being

altered to comply with 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 speedometer/

odometer calibrated in miles per hour.

Standard No. 105 Hydraulic Brake

Systems: (a) installation of a warning

label on the brake fluid reservoir cap; (b)

installation of a brake warning indicator

lamp.

Standard No. 108 Lamps, Reflective

Devices and Associated Equipment: (a)

installation of U.S.-model sealed beam

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

model side marker lamps and reflectors;

(c) installation of a high mounted stop

lamp. The petitioner asserts that testing

performed on the taillamp reveals that

it complies with the standard, even

though it lacks a DOT certification

marking, and that all other lights are

DOT certified.

Standard No. 111 Rearview Mirrors:

inscription of the required warning

statement on the convex surface of the

passenger side rearview mirror.

Standard No. 114 Theft Protection:

installation of a warning buzzer in the

steering lock electrical circuit.

Standard No. 118 Power-Operated

Window Systems: rewiring of the power

window system so that the window

transport is inoperative when the front

doors are open.

Standard No. 120 Tire Selection and

Rims for Vehicles other than Passenger

Cars: installation of a tire information

placard. The petitioner asserts that even

though the tire rims lack a DOT

certification marking, they comply with

the standard, based on their

manufacturer’s certification that they

comply with the German TUV

regulations, as well as their certification

by the British Standards Association

and the Rim Association of Australia.

Standard No. 206 Door Locks and

Door Retention Components:

installation of interior locking buttons

on all door locks and modification of

rear door locks to disable latch release

controls when locking mechanism is

engaged.

Standard No. 208 Occupant Crash

Protection: (a) installation of complying

driver’s and passenger’s side air bag

systems; (b) installation of a seat belt

warning system; (c) placement of an air

bag warning label on the visors of

vehicles manufactured after November

1996. The petitioner states that the

vehicle will meet frontal impact test

requirements with structural

modifications described in a submission

that has been granted confidentiality by

NHTSA’s Office of Chief Counsel under

49 CFR Part 512.

Standard No. 210 Seat Belt Assembly

Anchorages: insertion of instructions on

the installation and use of child

restraints in the owner’s manual for the

vehicle. The petitioner certifies that the

vehicle complies with this standard on

the basis of tests performed to the

standard’s requirements by an

independent testing and engineering

laboratory.

Standard No. 212 Windshield

Retention: application of cement to the

windshield’s edges.

Standard No. 301 Fuel System

Integrity: installation of a rollover valve.

The petitioner further claims to have

verified that the gas tank on a prior

model year vehicle was completely

protected within large frame members.

Standard No. 302 Flammability of

Interior Materials: treatment of fabric

seating surfaces with a flame-proof

spray. The petitioner additionally states

that a vehicle identification number

(VIN) plate must be attached to the

vehicle’s dash so that it is visible to an

observer at the driver’s side ‘‘A’’ pillar,

as required by 49 CFR Part 565. The

petitioner also states that a vehicle

rollover warning statement must be

inserted in the owner’s manual and on

a sticker affixed to the driver’s side visor

of short wheelbase Gelaendewagens, as

required by 49 CFR 575.105.

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
27120 Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Notices

1 Gulf & Ohio Railways, Inc., operates in the State

of Mississippi under the trade name of Mississippi

Delta Railroad and in the State of Georgia under the

trade name of Atlantic & Gulf Railroad.

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 will be published

in the Federal Register pursuant to the

authority indicated below.

Authority: 49 U.S.C. 30141(a)(1)(B) and

(b)(1); 49 CFR 593.8; delegations of authority

at 49 CFR 1.50 and 501.8.

Issued on May 11, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98–13014 Filed 5–14–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33589]

Gulf & Ohio Railways Holding Co.,

Inc.—Continuance in Control

Exemption—Knoxville & Holston River

Railroad Co., Inc.

Gulf & Ohio Railways Holding Co.,

Inc. has filed a notice of exemption to

continue in control of the Knoxville &

Holston River Railroad Co., Inc. (KHRR),

upon KHRR’s becoming a Class III

railroad.

The transaction is/was scheduled to

be consummated on or after May 7,

1998.

This transaction is related to STB

Finance Docket No. 33588, Knoxville &

Holston River Railroad Co., Inc.—

Acquisition and Operation Exemption—

Norfolk Southern Railway Company,

wherein KHRR seeks to acquire and

operate 2 lines of track and incidental

overhead trackage rights from the

Norfolk Southern Railway Company.

Applicant controls eight existing

Class III railroads: Albany Bridge

Company, operating in the State of

Georgia; Georgia & Florida Railroad Co.,

Inc., operating in the States of Georgia

and Florida; Gulf & Ohio Railways,

Inc.,1 operating in the State of

Mississippi and Georgia; Lexington &

Ohio Railroad Co., Inc., operating in the

State of Kentucky; Live Oak, Perry &

Georgia Railroad Company, Inc.,

operating in the States of Georgia and

Florida; Piedmont & Atlantic Railroad,

Inc., operating in the State of North

Carolina; Rocky Mount & Western

Railroad Co., Inc., operating in the State

of North Carolina; and Wiregrass Central

Railroad Company, Inc., operating in the

State of Alabama.

Applicant states that: (i) the rail lines

to be operated by KHRR do not connect

with any railroad in the corporate

family; (ii) the transaction is not part of

a series of anticipated transactions that

would connect KHRR’s lines with any

railroad in the corporate family; and (iii)

the transaction does not involve a Class

I carrier. Therefore, the transaction is

exempt from the prior approval

requirements of 49 U.S.C. 11323. See 49

CFR 1180.2(d)(2).

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Section 11326(c), however,

does not provide for labor protection for

transactions under sections 11324 and

11325 that involve only Class III rail

carriers. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not

impose labor protective conditions for

this transaction.

If the 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. 33589, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Jo A.

DeRoche, Esq., Weiner, Brodsky,

Sidman & Kider, P.C., 1350 New York

Avenue, N.W., Suite 800, Washington,

DC 20005–4797.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: May 6, 1998.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 98–12694 Filed 5–13–98; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33588]

Knoxville & Holston River Railroad Co.,

Inc.—Acquisition and Operation

Exemption—Norfolk Southern Railway

Company

Knoxville & Holston River Railroad

Co., Inc. (KHRR), a noncarrier, has filed

a verified notice of exemption under 49

CFR 1150.31 to acquire from Norfolk

Southern Railway Company (NS) and

operate 2 lines of track in the State of

Tennessee as follows: (1) the North Belt/

River Extension, extending from

milepost 67.1CG (former) = 0.4RFE, in

Knoxville, to the end of the line in

Marbledale, a distance of approximately

15.18 miles; and (2) the K&A Belt

(formerly the South Knoxville Spur),

extending from milepost 0.1, in

Knoxville, to the end of the line, also in

Knoxville, a distance of approximately

3.8 miles. In addition, KHRR will also

acquire incidental overhead trackage

rights on 4 segments of NS’s trackage in

Knoxville as follows: (1) from milepost

0.0C to milepost 3.0C; (2) from milepost

130.0A to milepost 132.4A; (3) from

milepost 0.0KA to milepost 1.1KA; and

(4) approximately 0.1-mile between

NS’s K&A Line and its K&A Belt.

The transaction is scheduled to be

consummated on or after May 7, 1998.

This transaction is related to STB

Finance Docket No. 33589, Gulf & Ohio

Railways Holding Co., Inc.—

Continuance in Control Exemption—

Knoxville & Hoston River Railroad Co.,

Inc., wherein Gulf & Ohio Railways

Holding Co., Inc. has concurrently filed

a verified notice to continue in control

of KHRR upon its becoming a Class III

rail carrier.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding 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. 33588, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Jo A.

DeRoche, Esq., Weiner, Brodsky,

Sidman & Kider, P.C., 1350 New York

Avenue, NW., Suite 800, Washington,

DC 20005–4797.