83_FR_61949 83 FR 61718 - Notice of Receipt of Petition for Decision That Certain Nonconforming Model Year 2011 Mercedes-Benz GL550 Multipurpose Passenger Vehicles Originally Certified to the Canadian Motor Vehicle Safety Standards Are Eligible for Importation

83 FR 61718 - Notice of Receipt of Petition for Decision That Certain Nonconforming Model Year 2011 Mercedes-Benz GL550 Multipurpose Passenger Vehicles Originally Certified to the Canadian Motor Vehicle Safety Standards Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range61718-61719
FR Document2018-26059

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that certain model year (MY) 2011 Mercedes-Benz GL550 multipurpose passenger vehicles (MPVs) that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS), but that are certified by their original manufacturer as complying with all applicable Canadian motor vehicle safety standards (CMVSS), are eligible for importation into the United States because 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 2011 Mercedes-Benz GL550 MPVs and are capable of being readily altered to conform to the standards.

Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018) 
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61718-61719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26059]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0070; Notice 1]


Notice of Receipt of Petition for Decision That Certain 
Nonconforming Model Year 2011 Mercedes-Benz GL550 Multipurpose 
Passenger Vehicles Originally Certified to the Canadian Motor Vehicle 
Safety Standards Are Eligible for Importation

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

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
certain model year (MY) 2011 Mercedes-Benz GL550 multipurpose passenger 
vehicles (MPVs) that were not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards (FMVSS), but that 
are certified by their original manufacturer as complying with all 
applicable Canadian motor vehicle safety standards (CMVSS), are 
eligible for importation into the United States because 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 2011 
Mercedes-Benz GL550 MPVs and are capable of being readily altered to 
conform to the standards.

DATES: The closing date for comments on the petition is December 31, 
2018.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number cited in the title of this notice and submitted by any of 
the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Neil Thurgood, Office of Vehicle 
Safety Compliance, NHTSA (202-366-0712).

SUPPLEMENTARY INFORMATION: 

I. History

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally

[[Page 61719]]

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.

II. Summary of Petition

    J.K. Technologies, LLC (JK), of Baltimore, Maryland (Registered 
Importer R-90-006) has petitioned NHTSA to decide whether nonconforming 
MY 2011 Mercedes-Benz GL550 CMVSS-certified MPVs are eligible for 
importation into the United States. The vehicles which JK believes are 
substantially similar are MY 2011 Mercedes-Benz GL550 MPVs sold in the 
United States and certified by their manufacturer as conforming to all 
applicable FMVSS.
    The petitioner claims that it compared the CMVSS-certified MY 2011 
Mercedes-Benz GL550 CMVSS certified MPVs to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    The petitioner submitted information with its petition intended to 
demonstrate that the subject non-U.S.-certified vehicles as, originally 
manufactured, conform to many applicable 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 the non-U.S.-certified MY 
2011 Mercedes-Benz GL550 CMVSS certified MPVs, as originally 
manufactured, conform to: Standard Nos. 102 Transmission Shift Position 
Sequence, Starter Interlock, and Transmission Braking Effect, 103 
Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and 
Washing Systems, 106 Brake Hoses, 108 Lamps, Reflective Devices and 
Associated Equipment, 110 Tire Selection and Rims and Motor Home/
Recreation Vehicle Trailer Load Carrying Capacity Information for Motor 
Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or Less, 111 
Rearview Mirrors, 113 Hood Latch System, 114 Theft Protection and 
Rollaway Prevention, 116 Motor Vehicle Brake Fluids, 118 Power-Operated 
Window, Partition, and Roof Panel Systems, 124 Accelerator Control 
Systems, 126 Electronic Stability Control Systems, 135 Light Vehicle 
Brake Systems, 201 Occupant Protection in Interior Impact, 202a Head 
Restraints; Mandatory Applicability Begins on September 1, 2009, 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, 208 Occupant 
Crash Protection, 209 Seat Belt Assemblies, 210 Seat Belt Assembly 
Anchorages, 212 Windshield Mounting, 214 Side Impact Protection, 216 
Roof Crush Resistance; Applicable unless a Vehicle is Certified to 
Sec.  571.216a, 219 Windshield Zone Intrusion, 225 Child Restraint 
Anchorage Systems, 301 Fuel System Integrity, and 302 Flammability of 
Interior Materials.
    The petitioner also contends that the subject non-U.S.-certified 
passenger cars are capable of being readily altered to meet the 
following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Replacement of the 
instrument cluster with the U.S.-model component and reprogramming of 
its software as described in the petition. In addition, replacement of 
the engine start control push button switch with the U.S.-model 
component to correct the labeling to meet the requirements of the 
standard.
    Standard No. 138 Tire Pressure Monitoring Systems: Replacement or 
addition of U.S.-model TPMS components and the wiring harness, and then 
reprogramming of the vehicle ECUs as necessary to meet the requirements 
of the standard as described in the petition and shown in its 
attachments. The certifying manufacturer, Mercedes Benz, stated in a 
letter provided by the petitioner that they do not provide a retrofit 
or conversion to render this vehicle compliant with this specific 
standard. NHTSA is, therefore, specifically seeking public comment on 
whether the petitioner's proposed approach to conforming the subject 
vehicles to FMVSS No. 138 is capable of achieving conformity.
    The petitioner further states that labels will be affixed to 
conform the vehicle to the requirements of 49 CFR parts 565 and 567, 
VIN Content and Certification, respectively.

III. Comments

    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and considered. Comments filed after the closing date will also 
be considered to the fullest extent possible and available for 
examination in the docket at the above addresses.
    Once the petition is granted or denied, notice of the decision will 
be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    This notice of receipt of the subject petition does not represent 
any agency decision or other exercise of judgment concerning the merits 
of the petition. 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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-26059 Filed 11-29-18; 8:45 am]
 BILLING CODE 4910-59-P

61718 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices Systems, 138 Tire Pressure Monitoring Once the petition is granted or ADDRESSES: Interested persons are Systems, 201 Occupant Protection in denied, notice of the decision will be invited to submit written data, views, Interior Impact, 202 Head Restraints, published in the Federal Register and arguments on this petition. 204 Steering Control Rearward pursuant to the authority indicated at Comments must refer to the docket Displacement, 205 Glazing Materials, the end of this notice. number cited in the title of this notice 206 Door Locks and Door Retention This notice of receipt of the subject and submitted by any of the following Components, 207 Seating Systems, 209 petition does not represent any agency methods: Seat Belt Assemblies, 210 Seat Belt decision or other exercise of judgment • Mail: Send comments by mail Assembly Anchorages, 212 Windshield concerning the merits of the petition. addressed to the U.S. Department of Mounting, 214 Side Impact Protection, Notice of final action on the petition Transportation, Docket Operations, 216 Roof Crush Resistance; Applicable will be published in the Federal M–30, West Building Ground Floor, unless a Vehicle is Certified to Register pursuant to the authority Room W12–140, 1200 New Jersey § 571.216a, 219 Windshield Zone indicated below. Avenue SE, Washington, DC 20590. Intrusion, 301 Fuel System Integrity, and • Hand Delivery: Deliver comments Authority: 49 U.S.C. 30141(a)(1)(A), 302 Flammability of Interior Materials. by hand to the U.S. Department of (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation The petitioner also contends that the of authority at 49 CFR 1.95 and 501.8. Transportation, Docket Operations, subject non-U.S.-certified vehicles are M–30, West Building Ground Floor, Claudia W. Covell, Room W12–140, 1200 New Jersey capable of being readily altered to meet the following standards in the manner Acting Director, Office of Vehicle Safety Avenue SE, Washington, DC 20590. The indicated: Compliance. Docket Section is open on weekdays Standard No. 101 Controls and [FR Doc. 2018–26062 Filed 11–29–18; 8:45 am] from 10 a.m. to 5 p.m. except for Federal Displays: Replacement of the instrument BILLING CODE 4910–59–P Holidays. • Electronically: Submit comments cluster with the U.S.-model component electronically by logging onto the and reprogramming of its software as DEPARTMENT OF TRANSPORTATION Federal Docket Management System described in the petition. (FDMS) website at https:// Standard No. 108 Lamps, Reflective National Highway Traffic Safety www.regulations.gov/. Follow the online Devices and Associated Equipment: Administration instructions for submitting comments. Installation of wiring and programming • Comments may also be faxed to to activate the required side marker (202) 493–2251. [Docket No. NHTSA–2018–0070; Notice 1] lights. Comments must be written in the Standard No. 110 Tire Selection and Notice of Receipt of Petition for English language, and be no greater than Rims and Motor Home/Recreation Decision That Certain Nonconforming 15 pages in length, although there is no Vehicle Trailer Load Carrying Capacity Model Year 2011 Mercedes-Benz limit to the length of necessary Information for Motor Vehicles with a GL550 Multipurpose Passenger attachments to the comments. If GVWR of 4,536 Kilograms (10,000 Vehicles Originally Certified to the comments are submitted in hard copy Pounds) or Less: Installation of the Canadian Motor Vehicle Safety form, please ensure that two copies are required tire information placard. Standards Are Eligible for Importation provided. If you wish to receive Standard No. 111 Rear Visibility: confirmation that comments you have Replacement of the passenger side AGENCY: National Highway Traffic submitted by mail were received, please mirror with the U.S.-model Component, Safety Administration (NHTSA), enclose a stamped, self-addressed or inscription of the required warning Department of Transportation (DOT). postcard with the comments. Note that statement on the face of the existing ACTION: Receipt of petition. all comments received will be posted mirror. without change to https:// Standard No. 208 Occupant Crash SUMMARY: This document announces www.regulations.gov, including any Protection: Replacement of several receipt by the National Highway Traffic personal information provided. components as described in the petition. Safety Administration (NHTSA) of a All comments, background Replacement of the sensor mat in the petition for a decision that certain documentation, and supporting passenger-side seat cushion, and model year (MY) 2011 Mercedes-Benz materials submitted to the docket may activation of the SRS airbag control GL550 multipurpose passenger vehicles be viewed by anyone at the address and module. Replacement of sun visors with (MPVs) that were not originally times given above. The documents may U.S.-model components to meet the manufactured to comply with all also be viewed on the internet at https:// labeling requirements of FMVSS No. applicable Federal motor vehicle safety www.regulations.gov by following the 208. standards (FMVSS), but that are online instructions for accessing the The petitioner further states that certified by their original manufacturer dockets. The docket ID number for this labels will be affixed to bring the as complying with all applicable petition is shown in the heading of this vehicle into conformity with the Canadian motor vehicle safety standards notice. requirements of 49 CFR parts 565 and (CMVSS), are eligible for importation DOT’s complete Privacy Act 567, VIN Content and Certification, into the United States because they are Statement is available for review in a respectively. substantially similar to vehicles that Federal Register notice published on III. Comments: All comments and were originally manufactured for sale in April 11, 2000, (65 FR 19477–78). supporting materials received before the the United States and that were certified FOR FURTHER INFORMATION CONTACT: Neil amozie on DSK3GDR082PROD with NOTICES1 close of business on the closing date by their manufacturer as complying Thurgood, Office of Vehicle Safety indicated above will be filed in the with the safety standards (the U.S.- Compliance, NHTSA (202–366–0712). docket and considered. Comments filed certified 2011 Mercedes-Benz GL550 SUPPLEMENTARY INFORMATION: after the closing date will also be MPVs and are capable of being readily considered to the fullest extent possible altered to conform to the standards. I. History and available for examination in the DATES: The closing date for comments Under 49 U.S.C. 30141(a)(1)(A), a docket at the above addresses. on the petition is December 31, 2018. motor vehicle that was not originally VerDate Sep<11>2014 17:00 Nov 29, 2018 Jkt 247001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1

Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices 61719 manufactured to conform to all Windshield Wiping and Washing The petitioner further states that applicable FMVSS shall be refused Systems, 106 Brake Hoses, 108 Lamps, labels will be affixed to conform the admission into the United States unless Reflective Devices and Associated vehicle to the requirements of 49 CFR NHTSA has decided that the motor Equipment, 110 Tire Selection and Rims parts 565 and 567, VIN Content and vehicle is substantially similar to a and Motor Home/Recreation Vehicle Certification, respectively. motor vehicle originally manufactured Trailer Load Carrying Capacity for importation into and sale in the Information for Motor Vehicles with a III. Comments United States, certified under 49 U.S.C. GVWR of 4,536 Kilograms (10,000 All comments and supporting 30115, and of the same model year as pounds) or Less, 111 Rearview Mirrors, materials received before the close of the model of the motor vehicle to be 113 Hood Latch System, 114 Theft business on the closing date indicated compared, and is capable of being Protection and Rollaway Prevention, above will be filed in the docket and readily altered to conform to all 116 Motor Vehicle Brake Fluids, 118 considered. Comments filed after the applicable FMVSS. Power-Operated Window, Partition, and closing date will also be considered to Petitions for eligibility decisions may Roof Panel Systems, 124 Accelerator the fullest extent possible and available be submitted by either manufacturers or Control Systems, 126 Electronic for examination in the docket at the importers who have registered with Stability Control Systems, 135 Light above addresses. NHTSA pursuant to 49 CFR part 592. As Vehicle Brake Systems, 201 Occupant Once the petition is granted or specified in 49 CFR 593.7, NHTSA Protection in Interior Impact, 202a Head denied, notice of the decision will be publishes notice in the Federal Register Restraints; Mandatory Applicability published in the Federal Register of each petition that it receives, and Begins on September 1, 2009, 203 pursuant to the authority indicated at affords interested persons an Impact Protection for the Driver from the end of this notice. opportunity to comment on the petition. the Steering Control System, 204 This notice of receipt of the subject At the close of the comment period, Steering Control Rearward petition does not represent any agency NHTSA decides, on the basis of the Displacement, 205 Glazing Materials, decision or other exercise of judgment petition and any comments that it has 206 Door Locks and Door Retention concerning the merits of the petition. received, whether the vehicle is eligible Components, 207 Seating Systems, 208 Notice of final action on the petition for importation. The agency then Occupant Crash Protection, 209 Seat will be published in the Federal publishes this decision in the Federal Belt Assemblies, 210 Seat Belt Assembly Register pursuant to the authority Register. Anchorages, 212 Windshield Mounting, indicated below. II. Summary of Petition 214 Side Impact Protection, 216 Roof Authority: 49 U.S.C. 30141(a)(1)(A), Crush Resistance; Applicable unless a (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation J.K. Technologies, LLC (JK), of Vehicle is Certified to § 571.216a, 219 of authority at 49 CFR 1.95 and 501.8. Baltimore, Maryland (Registered Windshield Zone Intrusion, 225 Child Importer R–90–006) has petitioned Restraint Anchorage Systems, 301 Fuel Claudia W. Covell, NHTSA to decide whether System Integrity, and 302 Flammability Acting Director, Office of Vehicle Safety nonconforming MY 2011 Mercedes- of Interior Materials. Compliance. Benz GL550 CMVSS-certified MPVs are The petitioner also contends that the [FR Doc. 2018–26059 Filed 11–29–18; 8:45 am] eligible for importation into the United subject non-U.S.-certified passenger cars BILLING CODE 4910–59–P States. The vehicles which JK believes are capable of being readily altered to are substantially similar are MY 2011 meet the following standards, in the Mercedes-Benz GL550 MPVs sold in the manner indicated: DEPARTMENT OF TRANSPORTATION United States and certified by their Standard No. 101 Controls and manufacturer as conforming to all Displays: Replacement of the instrument National Highway Traffic Safety applicable FMVSS. cluster with the U.S.-model component Administration The petitioner claims that it compared and reprogramming of its software as [Docket No. NHTSA–2018–0007; Notice 1] the CMVSS-certified MY 2011 described in the petition. In addition, Mercedes-Benz GL550 CMVSS certified replacement of the engine start control Notice of Receipt of Petition for MPVs to their U.S.-certified push button switch with the U.S.-model Decision That Nonconforming Model counterparts, and found the vehicles to component to correct the labeling to Year 2016 Mercedes-Benz GL500 be substantially similar with respect to meet the requirements of the standard. Multipurpose Passenger Vehicles Are compliance with most FMVSS. Standard No. 138 Tire Pressure Eligible for Importation The petitioner submitted information Monitoring Systems: Replacement or with its petition intended to addition of U.S.-model TPMS AGENCY: National Highway Traffic demonstrate that the subject non-U.S.- components and the wiring harness, and Safety Administration (NHTSA), certified vehicles as, originally then reprogramming of the vehicle ECUs Department of Transportation (DOT). manufactured, conform to many as necessary to meet the requirements of ACTION: Receipt of petition. applicable FMVSS in the same manner the standard as described in the petition as their U.S.-certified counterparts, or and shown in its attachments. The SUMMARY: This document announces are capable of being readily altered to certifying manufacturer, Mercedes Benz, receipt by the National Highway Traffic conform to those standards. stated in a letter provided by the Safety Administration (NHTSA) of a Specifically, the petitioner claims that petitioner that they do not provide a petition for a decision that certain the non-U.S.-certified MY 2011 retrofit or conversion to render this model year (MY) 2016 Mercedes-Benz amozie on DSK3GDR082PROD with NOTICES1 Mercedes-Benz GL550 CMVSS certified vehicle compliant with this specific GL500 multipurpose passenger vehicles MPVs, as originally manufactured, standard. NHTSA is, therefore, (MPVs) that were not originally conform to: Standard Nos. 102 specifically seeking public comment on manufactured to comply with all Transmission Shift Position Sequence, whether the petitioner’s proposed applicable Federal motor vehicle safety Starter Interlock, and Transmission approach to conforming the subject standards (FMVSS), are eligible for Braking Effect, 103 Windshield vehicles to FMVSS No. 138 is capable importation into the United States Defrosting and Defogging Systems, 104 of achieving conformity. because they are substantially similar to VerDate Sep<11>2014 17:00 Nov 29, 2018 Jkt 247001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1


Document Created: 2018-11-30 04:35:30
Document Modified: 2018-11-30 04:35:30
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
ActionReceipt of petition.
DatesThe closing date for comments on the petition is December 31, 2018.
ContactNeil Thurgood, Office of Vehicle Safety Compliance, NHTSA (202-366-0712).
FR Citation83 FR 61718 
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