Notice of Receipt of Petition for Decision That Nonconforming 1992-1994 Mercedes-Benz 400SE Passenger Cars Are Eligible for Importation

[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Notices]
[Pages 18961-18962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9544]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5499]


Notice of Receipt of Petition for Decision That Nonconforming 
1992-1994 Mercedes-Benz 400SE Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1992-1994 Mercedes-Benz 400SE passenger cars are eligible for 
importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a decision that the 
1992-1994 Mercedes-Benz 400SE that was not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards is 
eligible for importation into the United States because (1) it is 
substantially similar to a vehicle that was originally manufactured for 
importation into and sale in the United States and that was certified 
by its manufacturer as complying with the safety standards, and (2) it 
is capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is May 17, 1999.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh St., SW, Washington, DC 20590. [Docket hours are from 9 am to 5 
pm].

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable Federal motor 
vehicle safety standards shall be refused admission into the United 
States unless NHTSA has decided that the motor vehicle is substantially 
similar to a motor vehicle originally manufactured for importation into 
and sale in the United States, certified under 49 U.S.C. 30115, and of 
the same model year as the model of the motor vehicle to be compared, 
and is capable of being readily altered to conform to all applicable 
Federal motor vehicle safety standards.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    Champagne Imports of Lansdale, Pennsylvania (``Champagne'') 
(Registered Importer 90-009) has petitioned NHTSA to decide whether 
1992-1994 Mercedes-Benz 400SE passenger cars are eligible for 
importation into the United States. The vehicle which Champagne 
believes is substantially similar is the 1992-1994 Mercedes-Benz 500SEL 
that was manufactured for importation into, and sale in, the United 
States and certified by its manufacturer, Daimler Benz, A.G., as 
conforming to all applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared the 1992-1994 
Mercedes-Benz 400SE to the 1992-1994 Mercedes-Benz 500SEL, and found 
the vehicles to be substantially similar with respect to compliance 
with most Federal motor vehicle safety standards.
    Champagne submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1992-1994 Mercedes-Benz 400SE, 
as originally manufactured, conforms to many Federal motor vehicle 
safety standards in the same manner as the 1992-1994 Mercedes-Benz 
500SEL, or is capable of being readily altered to conform to those 
standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1992-1994 Mercedes-Benz 400SE is identical to the 1992-1994 Mercedes-
Benz 500SEL with respect to compliance with Standard Nos. 102 
Transmission Shift Lever Sequence * * *, 103 Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 105 Hydraulic Brake 
Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch 
Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 201 Occupant 
Protection in Interior Impact, 202 Head Restraints, 204 Steering 
Control Rearward Displacement, 205 Glazing Materials, 207 Seating 
Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 
212 Windshield Retention, 216 Roof Crush Resistance, 219 Windshield 
Zone Intrusion, and 302 Flammability of Interior Materials.
    Additionally, the petitioner states that the non-U.S. certified 
1992-1994 Mercedes-Benz 400SE complies with the Bumper Standard found 
in 49 CFR part 581.
    Petitioner also contends that the vehicle is capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) substitution of a lens 
marked ``Brake'' for a lens with a noncomplying symbol on the brake 
failure indicator lamp; (b) installation of a seat belt warning lamp 
that displays the appropriate symbol; (c) recalibration of the 
speedometer/odometer from kilometers to miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamp assemblies that 
incorporate headlamps with DOT markings; (b) installation of

[[Page 18962]]

U.S.-model front and rear sidemarker/reflector assemblies; (c) 
installation of U.S.-model taillamp assemblies; (d) installation of a 
center high mounted stop lamp if the vehicle is not already so 
equipped.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: replacement of the passenger side 
rearview mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: installation of a warning buzzer 
microswitch in the steering lock assembly and a warning buzzer.
    Standard No. 118 Power Window Systems: rewiring of the power window 
system so that the window transport is inoperative when the ignition is 
switched off.
    Standard No. 206 Door Locks and Door Retention Components: 
replacement of the rear door locks and rear door locking buttons with 
U.S.-model components.
    Standard No. 208 Occupant Crash Protection: (a) installation of a 
U.S.-model seat belt in the driver's position, or a belt webbing-
actuated microswitch inside the driver's seat belt retractor; (b) 
installation of an ignition switch-actuated seat belt warning lamp and 
buzzer; (c) replacement of the driver's side air bag and knee bolster 
in 1992 and 1993 models, and the driver's and passenger's side air bags 
and knee bolsters in 1994 models with U.S.-model components if the 
vehicle is not already so equipped. The petitioner states that the 
vehicles are equipped with combination lap and shoulder restraints that 
adjust by means of an automatic retractor and release by means of a 
single push button at both front designated seating positions, with 
combination lap and shoulder restraints that release by means of a 
single push button at both rear outboard designated seating positions, 
and with a lap belt at the rear center designated seating position.
    Standard No. 214 Side Impact Protection: installation of 
reinforcing beams.
    Standard No. 301 Fuel System Integrity: installation of a rollover 
valve in the fuel tank vent line between the fuel tank and the 
evaporative emissions collection canister.
    Petitioner states that non-U.S. certified 1992-1994 Mercedes-Benz 
400SE will be inspected prior to importation to ensure that requisite 
parts are marked in compliance with the Theft Prevention Standard found 
in 49 CFR Part 541.
    The petitioner also states that a vehicle identification number 
plate must be affixed to the vehicle to meet the requirements of 49 CFR 
Part 565.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Section, National Highway Traffic Safety 
Administration, Room 5109, 400 Seventh Street, S.W., Washington, DC 
20590. It is requested but not required that 10 copies be submitted.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above address both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: April 12, 1999.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 99-9544 Filed 4-15-99; 8:45 am]
BILLING CODE 4910-59-P