51550 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: August 27, 2008. 

Peter J. Hartman, 

Division Administrator, Federal Highway 

Administration—Boise, Idaho. 

[FR Doc. E8–20352 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2008–0139] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2005– 

2006 Mercedes Benz SLK Class (171 

Chassis) Passenger Cars 

Manufactured Between August 31, 

2004 and August 31, 2006 Are Eligible 

for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2005–2006 

Mercedes Benz SLK class (171 chassis) 

passenger cars manufactured between 

August 31, 2004 and August 31, 2006 

are eligible for importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2005–2006 

Mercedes Benz SLK class (171 chassis) 

passenger cars manufactured between 

August 31, 2004 and August 31, 2006 

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 (1) they are 

substantially similar to vehicles that 

were originally manufactured for sale in 

the United States and that were certified 

by their manufacturer as complying 

with the safety standards (the U.S.- 

certified version of the 2005–2006 

Mercedes Benz SLK class (171 chassis) 

passenger cars manufactured between 

August 31, 2004 and August 31, 2006,) 

and (2) they are capable of being readily 

altered to conform to the standards. 

DATE: The closing date for comments on 

the petition is October 3, 2008. 

ADDRESSES: Comments should refer to 

the docket and notice numbers above 

and be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• 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. 

• 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. 

• 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 see the comments on the Internet. 

To read the comments on the Internet, 

take the following steps: 

(1) Go to the Federal Docket 

Management System (FDMS) Web page 

http://www.regulations.gov. 

(2) On that page, click on ‘‘Advanced 

Docket Search.’’ 

(3) On the next page select 

‘‘NATIONAL HIGHWAY TRAFFIC 

SAFETY ADMINISTRATION’’ from the 

drop-down menu in the Agency field 

and enter the Docket ID number shown 

at the heading of this document. 

(4) After entering that information, 

click on ‘‘submit.’’ 

(5) The next page contains docket 

summary information for the docket you 

selected. Click on the comments you 

wish to see. You may download the 

comments. 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)(A), a 

motor vehicle that was not originally 

manufactured to conform to all 

applicable FMVSS 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 FMVSS. 

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. 

Automobile Concepts, Inc. (‘‘AMC’’), 

of North Miami, Florida (Registered 

Importer 01–278) has petitioned NHTSA 

to decide whether nonconforming 2005– 

2006 Mercedes Benz SLK class (171 

chassis) passenger cars manufactured 

between August 31, 2004 and August 

31, 2006 are eligible for importation into 

the United States. The vehicles which 

AMC believes are substantially similar 

are 2005–2006 Mercedes Benz SLK class 

(171 chassis) passenger cars 

manufactured between August 31, 2004 

and August 31, 2006 that were 

manufactured for sale in the United 

States and certified by their 

manufacturer as conforming to all 

applicable FMVSS. 

The petitioner claims that it compared 

non-U.S. certified 2005–2006 Mercedes 

Benz SLK class (171 chassis) passenger 

cars manufactured between August 31, 

2004 and August 31, 2006 to their U.S.- 

certified counterparts, and found the 

vehicles to be substantially similar with 

respect to compliance with most 

FMVSS. 

AMC submitted information with its 

petition intended to demonstrate that 

non-U.S. certified 2005–2006 Mercedes 

Benz SLK class (171 chassis) passenger 

cars manufactured between August 31, 


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Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Notices 51551 

2004 and August 31, 2006, as originally 

manufactured, conform to many FMVSS 

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 2005–2006 Mercedes 

Benz SLK class (171 chassis) passenger 

cars manufactured between August 31, 

2004 and August 31, 2006 are identical 

to their U.S. certified counterparts with 

respect to compliance with Standard 

Nos. 102 Transmission Shift Lever 

Sequence, Starter Interlock, and 

Transmission Braking Effect, 103 

Windshield Defrosting and Defogging 

Systems, 104 Windshield Wiping and 

Washing Systems, 106 Brake Hoses, 109 

New Pneumatic Tires, 113 Hood Latch 

System, 116 Motor Vehicle Brake Fluids, 

124 Accelerator Control Systems, 135 

Passenger Car Brake 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, 212 Windshield 

Mounting, 214 Side Impact Protection, 

216 Roof Crush Resistance, 219 

Windshield Zone Intrusion, 225 Child 

Restraint Anchorage Systems, and 302 

Flammability of Interior Materials. 

In addition, the petitioner claims that 

the vehicles comply with the Bumper 

Standard found in 49 CFR Part 581. 

The 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) Inscription of the word 

‘‘brake’’ on the dash in place of the 

international ECE warning symbol; (b) 

replacement of the speedometer with a 

unit reading in miles per hour, or 

modification of existing speedometer so 

that it reads in miles per hour; and (c) 

installation or activation of U.S.-version 

software in the vehicle’s computer 

system. 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: (a) 

installation of U.S.-model sidemarker 

lamps and headlamps; and (b) 

inspection of all vehicles and 

installation, on vehicles that are not 

already so equipped, of U.S.-model 

components to meet the requirements of 

this standard. 

Standard No. 110 Tire Selection and 

Rims: installation of a tire information 

placard. 

Standard No. 111 Rearview Mirrors: 

installation of a U.S.-model passenger 

side rearview mirror, or inscription of 

the required warning statement on the 

face of that mirror. 

Standard No. 114 Theft Protection: 

installation of a supplemental key 

warning buzzer, or installation or 

activation of U.S.-version software to 

meet the requirements of this standard. 

Standard No. 118 Power-Operated 

Window, Partition, and Roof Panel 

Systems: installation or activation of 

U.S.-version software in the vehicle’s 

computer system to meet the 

requirements of this standard. 

Standard No. 208 Occupant Crash 

Protection: inspection of all vehicles 

and replacement of any non U.S.-model 

seat belts, air bag control units, air bags, 

and sensors with U.S.-model 

components on vehicles that are not 

already so equipped; and (b) installation 

or activation of U.S.-version software to 

ensure that the seat belt warning system 

meets the requirements of this standard. 

The petitioner states that the crash 

protection system used in these vehicles 

consists of dual front airbags and 

combination lap and shoulder belts at 

the front outboard seating positions. The 

seat belt systems are described as selftensioning and capable of being released 

by means of a single red push-button. 

Standard No. 209 Seat Belt 

Assemblies: inspection of all vehicles 

and replacement of any non U.S.- 

certified model seat belts with U.S.- 

model components. 

Standard No. 210 Seat Belt Assembly 

Anchorages: inspection of all vehicles 

and replacement of any non U.S.-model 

seat belts anchorage components with 

U.S.-model components. 

Standard No. 301 Fuel System 

Integrity: inspection of all vehicles and 

replacement of any non U.S.-model fuel 

system components with U.S.-model 

components. 

Standard No. 401 Interior Trunk 

Release: inspection of all vehicles and 

installation of U.S.-model components 

on vehicles that are not already so 

equipped. 

The petitioner additionally states that 

a vehicle identification plate must be 

affixed to the vehicles near the left 

windshield post to meet the 

requirements of 49 CFR Part 565. 

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 addresses 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: August 27, 2008. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E8–20397 Filed 9–2–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Denial of Motor Vehicle Defect Petition 

AGENCY: National Highway Traffic 

Safety Administration, (NHTSA), 

Department of Transportation. 

ACTION: Denial of a petition for a defect 

investigation. 

SUMMARY: This notice sets forth the 

reasons for the denial of a petition 

(Defect Petition DP08–001) submitted by 

Mr. William Kronholm to NHTSA’s 

Office of Defects Investigation (ODI) by 

letter dated January 10, 2008, under 49 

U.S.C. 30162. The Petition requests that 

the agency commence a proceeding to 

determine the existence of a defect 

related to motor vehicle safety within 

the electronically actuated throttle 

control system that is allegedly causing 

sudden and uncontrolled acceleration in 

model year (MY) 2006 to 2007 Toyota 

Tacoma pickup trucks (vehicles). 

After conducting a technical review of 

the material cited and provided by the 

petitioner and other information, and 

taking into account several 

considerations, including, among 

others, allocation of agency resources, 

agency priorities, and the likelihood 

that additional investigation would 

result in a finding that a defect related 

to motor vehicle safety exists, NHTSA 

has concluded that further investigation 

of the issues raised by the petition is not 

warranted. The agency accordingly has 

denied the petition. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Scott Yon, Vehicle Control Division, 

Office of Defects Investigation, NHTSA, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. Telephone 202– 

366–0139. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Interested persons may petition 

NHTSA requesting that the agency 

initiate an investigation to determine 

whether a motor vehicle or item of 

replacement equipment does not 

comply with an applicable Federal 

motor vehicle safety standard or 

contains a defect that relates to motor 

vehicle safety. 49 CFR 552.1. Upon 

receipt of a properly filed petition, the 

agency conducts a technical review of 


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