26762 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2009–0027] 

Request for Renewal of Currently 

Approved Information Collection: 

Certification of Enforcement of Vehicle 

Size and Weight Laws 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The FHWA invites public 

comments about our intention to request 

the Office of Management and Budget’s 

(OMB) approval to renew an 

information collection, which is 

summarized below under 

SUPPLEMENTARY INFORMATION. We 

published a Federal Register Notice 

with a 60-day public comment period 

on this information collection on March 

16, 2009. We are required to publish 

this notice in the Federal Register by 

the Paperwork Reduction Act of 1995. 

DATES: Please submit comments by July 

6, 2009. 

ADDRESSES: You may submit comments 

identified by DOT Docket ID Number 

FHWA–2009–0027 by any of the 

following methods: 

Web Site: For access to the docket to 

read background documents or 

comments received go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Fax: 1–202–493–2251. 

Mail: Docket Management Facility, 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. 

Hand Delivery or Courier: U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m. ET, Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: John 

Nicholas (202–366–2317), Department 

of Transportation, Federal Highway 

Administration, Office of Freight 

Management and Operations, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Office hours are from 8 a.m. to 

5 p.m., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Certification of Enforcement of 

Vehicle Size and Weight Laws 

Background: Title 23, U.S.C., section 

141, requires each State, the District of 

Columbia, and Puerto Rico to file an 

annual certification that they are 

enforcing their size and weight laws on 

Federal-aid highways and that their 

Interstate System weight limits are 

consistent with Federal requirements to 

be eligible to receive an apportionment 

of Federal highway trust funds. Section 

141 also authorizes the Secretary to 

require States to file such information as 

is necessary to verify that their 

certifications are accurate. To determine 

whether States are adequately enforcing 

their size and weight limits each must 

submit an updated plan for enforcing 

their size and weight limits to the 

FHWA at the beginning of each fiscal 

year. At the end of the fiscal year, they 

must submit their certifications and 

sufficient information to verify that their 

enforcement goals established in the 

plan have been met. Failure of a State 

to file a certification, adequately enforce 

its size and weight laws, and enforce 

weight laws on the Interstate System 

that are consistent with Federal 

requirements could result in a specified 

reduction of its Federal highway fund 

apportionment for the next fiscal year. 

In addition, section 123 of the Surface 

Transportation Assistance Act of 1978 

(Pub. L. 95–599, 92 Stat. 2689, 2701) 

requires each jurisdiction to inventory 

(1) its penalties for violation of its size 

and weight laws, and (2) the term and 

cost of its oversize and overweight 

permits. 

Respondents: The State Departments 

of Transportation (or equivalent) in the 

50 states, the District of Columbia, and 

the Commonwealth of Puerto Rico. 

Frequency: Twice annually. 

Estimated Average Burden per 

Response: Each response will take 

approximately 40 hours. 

Estimated Total Annual Burden 

Hours: The estimated total annual 

burden for all respondents is 4,160 

hours. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FHWA’s performance; 

(2) the accuracy of the estimated 

burdens; (3) ways for the FHWA to 

enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized, including the use of 

electronic technology, without reducing 

the quality of the collected information. 

The agency will summarize and/or 

include your comments in the request 

for OMB’s clearance of this information 

collection. 

Authority: The Paperwork Reduction Act 

of 1995; 44 U.S.C. Chapter 35, as amended; 

and 49 CFR 1.48. 

Issued on: May 27, 2009. 

James R. Kabel, 

Chief, Management Programs and Analysis 

Division. 

[FR Doc. E9–12852 Filed 6–2–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2009–0102] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2006 

BMW M3 Passenger Cars 

Manufactured Before September 1, 

2006 Are Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2006 BMW 

M3 passenger cars manufactured before 

September 1, 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 2006 BMW 

M3 passenger cars manufactured before 

September 1, 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 2006 BMW M3 passenger 

cars manufactured before September 1, 

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 July 6, 2009. 

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. 


PWALKER on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 26763 

• 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) or you may visit http:// 

DocketInfo.dot.gov. 

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. 

Wallace Environmental Testing 

Laboratories, Inc. (WETL) of Houston, 

TX (Registered Importer 90–005) has 

petitioned NHTSA to decide whether 

nonconforming 2006 BMW M3 

passenger cars manufactured before 

September 1, 2006 are eligible for 

importation into the United States. The 

vehicles which WETL believes are 

substantially similar are 2006 BMW M3 

passenger cars manufactured before 

September 1, 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 2006 BMW M3 

passenger cars manufactured before 

September 1, 2006 to their U.S.-certified 

counterparts, and found the vehicles to 

be substantially similar with respect to 

compliance with most FMVSS. 

WETL submitted information with its 

petition intended to demonstrate that 

non-U.S. certified 2006 BMW M3 

passenger cars manufactured before 

September 1, 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 2006 BMW M3 

passenger cars manufactured before 

September 1, 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, 

118 Power-Operated Window, Partition, 

and Roof Panel Systems, 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, 209 Seat Belt 

Assemblies, 210 Seat Belt Assembly 

Anchorages, 212 Windshield Mounting, 

214 Side Impact Protection, 216 Roof 

Crush Resistance, 219 Windshield Zone 

Intrusion, 225 Child Restraint 

Anchorage Systems, 302 Flammability 

of Interior Materials, and 401 Interior 

Trunk Release. 

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: inscription of the word 

‘‘brake’’ on the instrument cluster in 

place of the international ECE warning 

symbol and installation of a U.S.-model 

speedometer, or modification of the 

existing speedometer to conform with 

the requirements of this standard. 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: 

installation of U.S.-model high mounted 

stop lamp and associated wiring. 

Standard No. 110 Tire Selection and 

Rims: installation of a tire information 

placard on all vehicles not already so 

equipped. 

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 on all vehicles not 

already so equipped. 

Standard No. 114 Theft Protection: 

installation of a supplemental key 

warning buzzer, or installation of U.S.- 

version software on all vehicles not 

already so equipped. 

Standard No. 208 Occupant Crash 

Protection: installation of a seat belt 

warning system that the meets the 

requirements of this standard. 

The petitioner states that the crash 

protection system used in these vehicles 


PWALKER on PROD1PC71 with NOTICES
26764 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 

consists of dual front airbags, knee 

bolsters, and combination lap and 

shoulder belts at the front outboard 

seating positions. 

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. 

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: May 27, 2009. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E9–12841 Filed 6–2–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2009–0101] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2006 

Porsche Cayenne Multipurpose 

Passenger Vehicles Manufactured 

Prior to September 1, 2006 Are Eligible 

for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2006 

Porsche Cayenne multipurpose 

passenger vehicles manufactured prior 

to September 1, 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 2006 Porsche 

Cayenne multipurpose passenger 

vehicles (MPVs) manufactured prior to 

September 1, 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 2006 

Porsche Cayenne MPV manufactured 

prior to September 1, 2006), 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 6, 2009. 

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 view the documents from the 

Internet at http://www.regulations.gov. 

Follow the online instructions for 

accessing the dockets. The docket ID 

number and title of this notice are 

shown at the heading of this document 

notice. 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 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. 

Wallace Environmental Testing 

Laboratories, Inc. of Houston, Texas 

(WETL) (Registered Importer 90–005) 

has petitioned NHTSA to decide 

whether nonconforming 2006 Porsche 

Cayenne MPVs manufactured prior to 

September 1, 2006, are eligible for 

importation into the United States. The 

vehicles which WETL believes are 

substantially similar are 2006 Porsche 

Cayenne MPVs manufactured prior to 

September 1, 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 carefully 

compared non-U.S. certified 2006 

Porsche Cayenne MPVs manufactured 

prior to September 1, 2006, to their U.S.- 

certified counterparts, and found the 

vehicles to be substantially similar with 


PWALKER on PROD1PC71 with NOTICES