81_FR_17821 81 FR 17760 - Decision That Nonconforming Model Year 2014 Mercedes-Benz SLK Class Passenger Cars Are Eligible for Importation

81 FR 17760 - Decision That Nonconforming Model Year 2014 Mercedes-Benz SLK Class Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 61 (March 30, 2016)

Page Range17760-17761
FR Document2016-07144

This document announces a decision by the National Highway Traffic Safety Administration that certain model year (MY) 2014 Mercedes-Benz SLK Class passenger cars (PCs) 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 they are substantially similar to vehicles originally manufactured for sale in the United States and certified by their manufacturer as complying with the safety standards (the U.S. certified version of the MY 2014 Mercedes-Benz SLK Class PC), and they are capable of being readily altered to conform to the standards.

Federal Register, Volume 81 Issue 61 (Wednesday, March 30, 2016)
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17760-17761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07144]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0083, Notice 2]


Decision That Nonconforming Model Year 2014 Mercedes-Benz SLK 
Class Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

-----------------------------------------------------------------------

[[Page 17761]]

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain model year (MY) 2014 
Mercedes-Benz SLK Class passenger cars (PCs) 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 they are substantially similar to vehicles originally 
manufactured for sale in the United States and certified by their 
manufacturer as complying with the safety standards (the U.S. certified 
version of the MY 2014 Mercedes-Benz SLK Class PC), and they are 
capable of being readily altered to conform to the standards.

DATES: This decision became effective on March 25, 2016.

ADDRESSES: For further information contact George Stevens, Office of 
Vehicle Safety Compliance, NHTSA (202-366-5308).

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 as required 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.
    J.K. Technologies, LLC, of Baltimore, Maryland (JK) (Registered 
Importer# RI-90-006), petitioned NHTSA to decide whether MY 2014 
Mercedes-Benz SLK Class PCs are eligible for importation into the 
United States. NHTSA published a notice of the petition on February 16, 
2016 (81 FR 7889) to afford an opportunity for public comment. No 
comments were received in response to this petition. The reader is 
referred to the receipt notice for a thorough description of the 
petition.

NHTSA'S Conclusions

    NHTSA has reviewed the petition and has concluded that the vehicles 
covered by the petition are substantially similar to MY 2014 Mercedes-
Benz SLK Class PC's and are capable of being readily altered to comply 
with all applicable FMVSS.
    NHTSA has also determined that any RI who imports or modifies one 
of these vehicles must include in the statement of conformity and 
associated documents (referred to as a ``conformity package'') it 
submits to NHTSA under 49 CFR 592.6(d) additional specific proof to 
confirm that the vehicle was manufactured to conform to, or was 
successfully altered to conform to, FMVSS No. 101, Controls and 
Displays, FMVSS No. 138, Tire Pressure Monitoring Systems, FMVSS No. 
208 Occupant Crash Protection and FMVSS No. 301 Fuel System Integrity. 
This proof must include detailed descriptions of all modifications made 
to achieve conformity with those standards, including a detailed 
description of systems in place (if any) on the vehicle at the time it 
was delivered to the RI and a similarly detailed description of the 
systems in place after the vehicle is altered, including photographs of 
all required labeling. The description must also include parts assembly 
diagrams and associated part numbers for all components that were 
removed from or installed on the vehicle, a description of how any 
computer programming changes were completed, and a description of how 
compliance was verified after alterations were completed. Photographs 
(e.g., monitor print screen captures) or report printouts, as 
practicable, must be submitted as proof that any computer reprogramming 
was carried out successfully.
    In addition to the information specified above, each conformity 
package must also include evidence showing how the RI verified that the 
changes it made in loading or reprograming vehicle software to achieve 
conformity with each separate FMVSS, did not also cause the vehicle to 
fall out of compliance with any other applicable FMVSS.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2014 Mercedes-Benz SLK Class passenger cars that were not 
originally manufactured to comply with all applicable FMVSS, are 
substantially similar to MY 2014 Mercedes-Benz SLK Class passenger cars 
manufactured for importation into and/or sale in the United States, and 
certified under 49 U.S.C. 30115, and are capable of being readily 
altered to conform to all applicable Federal Motor Vehicle Safety 
Standards.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VSP-581 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-07144 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-59-P



                                                    17760                       Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices

                                                       In addition to the more formal                          • Channel resources to meet capacity               Professional Staff Cost During a Survey
                                                    National TPM Implementation Review                      development and training needs; and                   Year
                                                    Survey, FHWA will conduct informal                         • Identify and prioritize TPM                      • All respondents: 19,500 hours × $38
                                                    voluntary TPM State-of-Practice                         research needs.                                           per hour = $741,000
                                                    Questionnaires related to ongoing TPM                      Lastly, as part of FHWA’s ongoing                    Æ Per respondent: (20 × $38 = $760)
                                                    policy and guidance, technical                          technical assistance efforts, a TPM
                                                    assistance, and capacity needs. To                      Toolbox is being created to help                      Clerical Staff Cost During a Survey Year
                                                    address concerns expressed by                           FHWA’s partners self-assess and                       • All respondents: 1,950 hours × $18
                                                    stakeholders regarding the burden of                    benchmark their TPM implementation                        per hour = $35,100
                                                    effort and administration of these                      progress, capabilities, and gaps. The                   Æ Per respondent (2 hours × $18 per
                                                    additional questionnaires, FHWA is                      TPM Toolbox will also help FHWA                           hour = $36)
                                                    proposing to sequence the National                      streamline the integration and
                                                    TPM Implementation Review Survey                        administration of all the efforts                     Total Annual Cost During a Survey Year
                                                    and other State-of-the-Practice                         described above. To maximize the                      • Subtotal Direct Salaries (Professional
                                                    Questionnaires on a biennial cycle.                     effectiveness and efficiency of the TPM                   + Clerical) $776,100
                                                    Under this biennial cycle, the first                    Toolbox, FHWA will collect business                   • Overhead/fringe benefits at 33%:
                                                    National TPM Implementation Review                      contact and organizational demographic                    $256,113
                                                    Survey would be administered in 2016                    (size of organization, location, etc.)                • Total annual respondents cost during
                                                    and the follow-up in 2020. The smaller,                 information along with the responses                      survey year: $1,032,213
                                                    less formal State-of-the-Practice                       submitted as part of the TPM Toolbox’s                  Æ Total average annual cost per
                                                    Questionnaires would be administered                    self-assessment applications.                             respondent during survey year:
                                                    in 2018 and 2022. The State-of-the-                        Respondents: The 975 respondents                       $1,058.68
                                                    Practice Questionnaires are essential to                estimate is based on soliciting input                   Public Comments Invited: You are
                                                    helping FHWA coordinate with its                        from 52 STA, 409 MPOS, and a                          asked to comment on any aspect of this
                                                    many stakeholders to reduce duplicative                 sampling of other State and local                     information collection, including: (1)
                                                    survey efforts as the industry works to                 transportation entities. In most cases,               Whether the proposed collection of
                                                    implement and understand the TPM                        only STAs and MPOs will be surveyed.                  information is necessary for the U.S.
                                                    practices.                                                 Frequency: Agencies will be solicited              DOT’s performance, including whether
                                                       Under this sequencing, the National                  to provide information via a survey 1                 the information will have practical
                                                    TPM Implementation Review Survey                        time every two years. Additionally,                   utility; (2) the accuracy of the U.S.
                                                    will continue to serve the original                     transportation agencies may submit                    DOT’s estimate of the burden of the
                                                    purpose of allowing FHWA to evaluate                    information more frequently by using                  proposed information collection; (3)
                                                    the effectiveness of efforts to implement               the TPM Toolbox’s self-assessment tool.               ways to enhance the quality, usefulness,
                                                    TPM and PBPP. The State-of-the-                            Estimated Average Burden per                       and clarity of the collected information;
                                                    Practice Questionnaires will enable                     Response: The estimated average annual                and (4) ways that the burden could be
                                                    FHWA and its stakeholders to                            burden hours is up to 20 hours per                    minimized, including the use of
                                                    coordinate the collection of information                response during a year with a survey/                 electronic technology, without reducing
                                                    necessary to advance the state-of-the-                  questionnaire request.                                the quality of the collected information.
                                                    practice and further TPM capacity                          Estimated Total Annual Burden                      The agency will summarize and/or
                                                    building efforts. This approach limits                  Hours: The estimated total annual                     include your comments in the request
                                                    the number of TPM related surveys to 4                  burden hours for all respondents is                   for OMB’s clearance of this information
                                                    over a number of years:                                 estimated to be 19,500 burden hours
                                                       • National TPM Implementation                                                                              collection.
                                                                                                            (975 respondents × 20 burden hours) per                 Authority: The Paperwork Reduction Act
                                                    Review Survey (Baseline): 2016.
                                                                                                            year with survey/questionnaire requests.
                                                       • State-of-the-Practice                                                                                    of 1995; 44 U.S.C. Chapter 35, as amended;
                                                    Questionnaires: 2018.                                   Professional Staff Time During a Survey               and 49 CFR 1.48.
                                                       • National TPM Implementation                        Year                                                    Issued On: March 25, 2016.
                                                    Review Survey (Follow-up): 2020.                                                                              Michael Howell,
                                                       • State-of-the-Practice                              • 20 hours/respondent × 975
                                                    Questionnaires: 2022.                                     respondents × 1 questionnaire during                Information Collection Officer.
                                                       After each survey or questionnaire,                    a survey year = 19,500 hours                        [FR Doc. 2016–07169 Filed 3–29–16; 8:45 am]
                                                    FHWA and its stakeholders will explore                                                                        BILLING CODE 4910–22–P
                                                                                                            Clerical Staff Time During a Survey
                                                    how to better align the information                     Year
                                                    collection requests with yet-to-be
                                                    determined performance management                       • 2 hours/respondent × 975 respondents                DEPARTMENT OF TRANSPORTATION
                                                    reporting processes. The information                      × 1 questionnaire during a survey year
                                                                                                              = 1,950 hours                                       National Highway Traffic Safety
                                                    will be collected from State,                                                                                 Administration
                                                    metropolitan, regional, local, and/or                     The aggregated associated salary cost
                                                    tribal transportation agencies via                      to all respondents (975) during a survey              [Docket No. NHTSA–2015–0083, Notice 2]
                                                    internet-based questionnaires or web                    year is estimated to be $1,032,213 based
                                                                                                            on an average salary of $38 per hour                  Decision That Nonconforming Model
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    applications and will be used to help
                                                    FHWA and its partner organizations do                   (approximately $79,000 per year) for                  Year 2014 Mercedes-Benz SLK Class
                                                    the following:                                          professional staff and $18 per hour                   Passenger Cars Are Eligible for
                                                       • Strategically plan to meet ever                    (approximately $37,000 per year) for                  Importation
                                                    growing demand for TPM technical                        clerical staff. Disaggregated, the total              AGENCY: National Highway Traffic
                                                    assistance needs;                                       average annual cost per respondent                    Safety Administration (NHTSA),
                                                       • Develop and refine TPM policy and                  during a survey year is estimated to be               Department of Transportation (DOT).
                                                    guidance based on stakeholder                           $1,058.68. The burden hours and costs
                                                                                                                                                                  ACTION: Grant of petition.
                                                    feedback;                                               are illustrated below.


                                               VerDate Sep<11>2014   18:06 Mar 29, 2016   Jkt 238001   PO 00000   Frm 00098   Fmt 4703   Sfmt 4703   E:\FR\FM\30MRN1.SGM   30MRN1


                                                                                Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices                                                  17761

                                                    SUMMARY: This document announces a                      comments were received in response to                 manufactured to comply with all
                                                    decision by the National Highway                        this petition. The reader is referred to              applicable FMVSS, are substantially
                                                    Traffic Safety Administration that                      the receipt notice for a thorough                     similar to MY 2014 Mercedes-Benz SLK
                                                    certain model year (MY) 2014 Mercedes-                  description of the petition.                          Class passenger cars manufactured for
                                                    Benz SLK Class passenger cars (PCs)                     NHTSA’S Conclusions
                                                                                                                                                                  importation into and/or sale in the
                                                    that were not originally manufactured to                                                                      United States, and certified under 49
                                                    comply with all applicable Federal                         NHTSA has reviewed the petition and                U.S.C. 30115, and are capable of being
                                                    Motor Vehicle Safety Standards                          has concluded that the vehicles covered               readily altered to conform to all
                                                    (FMVSS) are eligible for importation                    by the petition are substantially similar             applicable Federal Motor Vehicle Safety
                                                    into the United States because they are                 to MY 2014 Mercedes-Benz SLK Class                    Standards.
                                                    substantially similar to vehicles                       PC’s and are capable of being readily
                                                                                                            altered to comply with all applicable                 Vehicle Eligibility Number for Subject
                                                    originally manufactured for sale in the
                                                                                                            FMVSS.                                                Vehicles
                                                    United States and certified by their
                                                    manufacturer as complying with the                         NHTSA has also determined that any                    The importer of a vehicle admissible
                                                    safety standards (the U.S. certified                    RI who imports or modifies one of these               under any final decision must indicate
                                                    version of the MY 2014 Mercedes-Benz                    vehicles must include in the statement                on the form HS–7 accompanying entry
                                                    SLK Class PC), and they are capable of                  of conformity and associated documents                the appropriate vehicle eligibility
                                                    being readily altered to conform to the                 (referred to as a ‘‘conformity package’’)             number indicating that the vehicle is
                                                    standards.                                              it submits to NHTSA under 49 CFR                      eligible for entry. VSP–581 is the
                                                                                                            592.6(d) additional specific proof to                 vehicle eligibility number assigned to
                                                    DATES: This decision became effective
                                                                                                            confirm that the vehicle was                          vehicles admissible under this notice of
                                                    on March 25, 2016.                                      manufactured to conform to, or was
                                                    ADDRESSES: For further information
                                                                                                                                                                  final decision.
                                                                                                            successfully altered to conform to,
                                                    contact George Stevens, Office of                       FMVSS No. 101, Controls and Displays,                   Authority: 49 U.S.C. 30118, 30120:
                                                    Vehicle Safety Compliance, NHTSA                                                                              delegations of authority at 49 CFR 1.95 and
                                                                                                            FMVSS No. 138, Tire Pressure
                                                    (202–366–5308).                                                                                               501.8.
                                                                                                            Monitoring Systems, FMVSS No. 208
                                                    SUPPLEMENTARY INFORMATION:                              Occupant Crash Protection and FMVSS                   Jeffrey M. Giuseppe,
                                                                                                            No. 301 Fuel System Integrity. This                   Director, Office of Vehicle Safety Compliance.
                                                    Background
                                                                                                            proof must include detailed                           [FR Doc. 2016–07144 Filed 3–29–16; 8:45 am]
                                                       Under 49 U.S.C. 30141(a)(1)(A), a                    descriptions of all modifications made                BILLING CODE 4910–59–P
                                                    motor vehicle that was not originally                   to achieve conformity with those
                                                    manufactured to conform to all                          standards, including a detailed
                                                    applicable FMVSS shall be refused                       description of systems in place (if any)              DEPARTMENT OF TRANSPORTATION
                                                    admission into the United States unless                 on the vehicle at the time it was
                                                    NHTSA has decided that the motor                        delivered to the RI and a similarly                   National Highway Traffic Safety
                                                    vehicle is substantially similar to a                   detailed description of the systems in                Administration
                                                    motor vehicle originally manufactured                   place after the vehicle is altered,
                                                    for importation into and sale in the                    including photographs of all required                 [Docket No. NHTSA–2014–0045; Notice 2]
                                                    United States, certified as required                    labeling. The description must also
                                                    under 49 U.S.C. 30115, and of the same                  include parts assembly diagrams and                   General Motors, LLC, Grant of Petition
                                                    model year as the model of the motor                    associated part numbers for all                       for Decision of Inconsequential
                                                    vehicle to be compared, and is capable                  components that were removed from or                  Noncompliance
                                                    of being readily altered to conform to all              installed on the vehicle, a description of
                                                    applicable FMVSS.                                                                                             AGENCY: National Highway Traffic
                                                                                                            how any computer programming
                                                       Petitions for eligibility decisions may              changes were completed, and a                         Safety Administration (NHTSA),
                                                    be submitted by either manufacturers or                 description of how compliance was                     Department of Transportation (DOT).
                                                    importers who have registered with                      verified after alterations were                       ACTION: Grant of petition.
                                                    NHTSA pursuant to 49 CFR part 592. As                   completed. Photographs (e.g., monitor
                                                    specified in 49 CFR 593.7, NHTSA                                                                              SUMMARY: General Motors, LLC, (GM)
                                                                                                            print screen captures) or report
                                                    publishes notice in the Federal Register                                                                      has determined that certain model year
                                                                                                            printouts, as practicable, must be
                                                    of each petition that it receives, and                                                                        (MY) 2014 GMC Sierra Denali vehicles
                                                                                                            submitted as proof that any computer
                                                    affords interested persons an                                                                                 do not fully comply with paragraph
                                                                                                            reprogramming was carried out
                                                    opportunity to comment on the petition.                                                                       S3.1.4 of Federal Motor Vehicle Safety
                                                                                                            successfully.
                                                    At the close of the comment period,                        In addition to the information                     Standard (FMVSS) No. 102,
                                                    NHTSA decides, on the basis of the                      specified above, each conformity                      Transmission shift position sequence,
                                                    petition and any comments that it has                   package must also include evidence                    starter interlock, and transmission
                                                    received, whether the vehicle is eligible               showing how the RI verified that the                  braking effect. GM filed a report dated
                                                    for importation. The agency then                        changes it made in loading or                         January 31, 2014 pursuant to 49 CFR
                                                    publishes this decision in the Federal                  reprograming vehicle software to                      part 573, Defect and Noncompliance
                                                    Register.                                               achieve conformity with each separate                 Responsibility and Reports. GM then
                                                       J.K. Technologies, LLC, of Baltimore,                                                                      petitioned NHTSA under 49 CFR part
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            FMVSS, did not also cause the vehicle
                                                    Maryland (JK) (Registered Importer# RI–                 to fall out of compliance with any other              556 requesting a decision that the
                                                    90–006), petitioned NHTSA to decide                     applicable FMVSS.                                     subject noncompliance is
                                                    whether MY 2014 Mercedes-Benz SLK                                                                             inconsequential to motor vehicle safety.
                                                    Class PCs are eligible for importation                  Decision                                              ADDRESSES: For further information on
                                                    into the United States. NHTSA                             Accordingly, on the basis of the                    this decision contact John Finneran,
                                                    published a notice of the petition on                   foregoing, NHTSA hereby decides that                  Office of Vehicle Safety Compliance,
                                                    February 16, 2016 (81 FR 7889) to afford                MY 2014 Mercedes-Benz SLK Class                       National Highway Traffic Safety
                                                    an opportunity for public comment. No                   passenger cars that were not originally               Administration (NHTSA), telephone


                                               VerDate Sep<11>2014   18:06 Mar 29, 2016   Jkt 238001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\30MRN1.SGM   30MRN1



Document Created: 2016-03-30 09:28:12
Document Modified: 2016-03-30 09:28:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
DatesThis decision became effective on March 25, 2016.
FR Citation81 FR 17760 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR