Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices 29793

inscribed on fourteen major car parts,

and a theft prevention certification label

will be affixed, in compliance with the

Theft Prevention Standard in 49 CFR

Part 541.

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: June 4, 1996.

Clive Van Orden,

Chief of Equipment and Imports Division

Office of Vehicle Safety Compliance.

[FR Doc. 96–14940 Filed 6–11–96; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 96–062; Notice 1]

Notice of Receipt of Petition for

Decision That Nonconforming ‘‘1993–

1996 Mercedes-Benz 220TE’’ Station

Wagons Are Eligible for Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of receipt of petition for

decision that nonconforming ‘‘1993–

1996 Mercedes-Benz 220TE’’ station

wagons are eligible for importation.

SUMMARY: This notice announces receipt

by the National Highway Traffic Safety

Administration (NHTSA) of a petition

for a decision that ‘‘1993–1996

Mercedes-Benz 220TE’’ station wagons

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 July 12, 1996.

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)

(formerly section 108(c)(3)(A)(i)(I) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), 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 (formerly section 114 of the

Act), 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.

G&K Automotive Conversion, Inc. of

Santa Ana, California (‘‘G&K’’)

(Registered Importer No. R–90–007) has

petitioned NHTSA to decide whether

‘‘1993–1996 Mercedes-Benz 220TE’’

station wagons are eligible for

importation into the United States. The

vehicles which G&K believes are

substantially similar are the 1993

Mercedes-Benz 300TE and 1994–1996

Mercedes-Benz E320 wagon. G&K has

submitted information indicating that

Daimler Benz, A.G., the company that

manufactured the 1993 Mercedes-Benz

300TE and 1994–1996 Mercedes-Benz

E320 wagon, certified those vehicles as

conforming to all applicable Federal

motor vehicle safety standards and

offered them for sale in the United

States.

The petitioner contends that it

carefully compared a ‘‘1994 MercedesBenz 220TE’’ to the 1993 MercedesBenz 300TE and 1994–1996 MercedesBenz E320 wagon, and found the

vehicles to be substantially similar with

respect to compliance with most

applicable Federal motor vehicle safety

standards.

G&K submitted information with its

petition intended to demonstrate that

the ‘‘1994 Mercedes-Benz 220TE’’, as

originally manufactured, conforms to

many Federal motor vehicle safety

standards in the same manner as the

1993 Mercedes-Benz 300TE and 1994–

1996 Mercedes-Benz E320 wagon that

were 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 ‘‘1993–1996 Mercedes-Benz 220TE’’

is identical to the certified 1993

Mercedes-Benz 300TE and 1994–1996

Mercedes-Benz E320 wagon with

respect to compliance with Standards

Nos. 102 Transmission Shift Lever

Sequence * * *, 103 Defrosting and

Defogging Systems, 104 Windshield

Wiping and Washing Systems, 105

Hydraulic Brake Systems, 106 Brake

Hoses, 107 Reflecting Surfaces, 109

New Pneumatic Tires, 113 Hood Latch

Systems, 116 Brake Fluid, 124

Accelerator Control Systems, 201

Occupant Protection in Interior Impact,

202 Head Restraints, 203 Impact

Protection for the Driver From the

Steering Control System, 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, 211 Wheel Nuts, Wheel

Discs and Hubcaps, 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) placement of the appropriate

symbol on the seat belt warning lamp;

(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
29794 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This notice

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 11323–24.

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803, which was enacted on

December 29, 1995, and took effect on January 1,

1996, abolished the Interstate Commerce

Commission and transferred certain functions to the

Surface Transportation Board (Board). This notice

relates to functions that are subject to Board

jurisdiction pursuant to 49 U.S.C. 10901.

assemblies and front sidemarkers; (b)

installation of U.S.-model taillamp

assemblies which incorporate rear

sidemarkers; (c) 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, which is convex, with a

U.S.-model component.

Standard No. 114 Theft Protection:

Installation of a buzzer microswitch in

the steering lock assembly, and a

warning buzzer.

Standard No. 115 Vehicle

Identification Number: Installation of a

VIN plate that can be read from outside

the left windshield pillar, and a VIN

reference label on the edge of the door

or latch post nearest the driver.

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: Installation of a seat belt

warning buzzer. The petitioner states

that the vehicle is equipped with an

automatic restraint system consisting of

a driver’s and passenger’s side air bag

and knee bolsters. The petitioner further

states that the vehicle is equipped with

Type 2 seat belts in the front and rear

outboard designated seating positions,

and with a Type 1 seat belt in the rear

center designated seating position.

Standard No. 214 Side Impact

Protection: Installation of door 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 ‘‘1993–1996

Mercedes-Benz 220TE’’ must be

reinforced to comply with the Bumper

Standard found in 49 CFR Part 581.

The petitioner further states that

before the vehicle will be imported into

the United States, its VIN will be

inscribed on fourteen major car parts,

and a theft prevention certification label

will be affixed, in compliance with the

Theft Prevention Standard in 49 CFR

Part 541.

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.

Dated: June 4, 1996.

Clive Van Orden,

Chief of Equipment and Imports Division,

Office of Vehicle Safety Compliance.

[FR Doc. 96–14941 Filed 6–11–96; 8:45 am]

BILLING CODE 4910–59–P

Surface Transportation Board 1

[STB Finance Docket No. 32970]

BHP Copper, Inc.—Continuance in

Control Exemption—BHP Nevada

Railroad Company

BHP Copper, Inc. (BHP Copper), a

noncarrier holding company, has filed a

notice of exemption to continue in

control of BHP Nevada Railroad

Company (BNR), upon BNR’s becoming

a Class III rail carrier. Consummation

was expected to occur on or after May

31, 1996.

BNR, a noncarrier, has concurrently

filed a notice of exemption in BHP

Nevada Railroad Company—

Acquisition and Operation Exemption—

Northern Nevada Railroad Corporation,

STB Finance Docket No. 32969, to

acquire approximately 150.241 miles of

rail lines of Northern Nevada Railroad

Corporation (NN) in Elko and White

Pine Counties, NV.

BHP Copper controls two other

nonconnecting Class III rail carriers: San

Manuel Arizona Railroad Company

(SMA) and Magma Arizona Railroad

Company (MAA) operating in Arizona.

BHP Copper states that: (1) BNR will

not connect with any of the other

railroads in its corporate family; (2) the

continuance in control is not part of a

series of anticipated transactions that

would connect BNR with any other

railroad in its corporate family; and (3)

the transaction does not involve a Class

I railroad. The transaction therefore is

exempt from the prior approval

requirements of 49 U.S.C. 11343. 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

railroad carriers. Because this

transaction involves Class III rail

carriers only, the Board, under the

statute, may not impose labor protective

conditions for this transaction.

Petitions to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

reopen will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 32970, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Branch,

1201 Constitution Avenue, N.W.,

Washington, DC 20423 and served on:

Fritz R. Kahn, Fritz R. Kahn, P.C., Suite

750 West, 1100 New York Avenue, NW.,

Washington, DC 20005–3934.

Decided: June 4, 1996.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 96–14900 Filed 6–11–96; 8:45 am]

BILLING CODE 4915–00–P

[STB Finance Docket No. 32969]

BHP Nevada Railroad Company—

Acquisition and Operation

Exemption—Northern Nevada Railroad

Corporation

BHP Nevada Railroad Company

(BNR), a noncarrier, has filed a verified

notice of exemption under 49 CFR

1150.31 to acquire the rail lines and

other assets of Northern Nevada

Railroad Corporation (NN) from

milepost 0.0 at Cobre to the end of the

line at milepost 148.941 at Riepetown,

and from milepost 0.0 at McGill

Junction to the end of the line at

milepost 1.3 at McGill, a total of

approximately 150.241 miles in Elko

and White Pine Counties, NV.