[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Notices]
[Pages 58432-58433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28800]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-89; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1994 Mercedes-Benz SL280 Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1994 Mercedes-Benz SL280 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 decision that a 1994
Mercedes-Benz SL280 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 December 27,
1995.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Section, Room 5109, National
Highway Traffic Safety Administration, 400 Seventh St., SW.,
Washington, DC 20590. [Docket hours are from 9:30 am to 4 pm].
FOR FURTHER INFORMATION CONTACT:
George Entwistle, Office of Vehicle Safety Compliance, NHTSA (202-366-
5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section
108(c)(3)(A)(i)(I) of the National Traffic and Motor Vehicle Safety Act
(the Act)), 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. Sec. 30115 (formerly section 114 of
the Act), 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 U.S.C. Part 592. As specified in 49 U.S.C. 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.
Liphardt & Associates, Inc. of Ronkonkoma, New York (``Liphardt'')
(Registered Importer R-90-004) has petitioned NHTSA to decide whether
1994 Mercedes-Benz SL280 (Body Style 129) passenger cars are eligible
for importation into the United States. The vehicle which Liphardt
believes is substantially similar is the 1994 Mercedes-Benz SL320.
Liphardt has submitted information indicating that Daimler Benz A.G.,
the company that manufactured the 1994 Mercedes-Benz SL320, certified
that vehicle as conforming to all applicable Federal motor vehicle
safety standards and offered it for sale in the United States.
The petitioner contends that it carefully compared the 1994
Mercedes-Benz SL280 to the 1994 Mercedes-Benz SL320, and found the two
models to be substantially similar with respect to compliance with most
applicable Federal motor vehicle safety standards.
Liphardt submitted information with its petition intended to
demonstrate that the 1994 Mercedes-Benz SL280, as originally
manufactured, conforms to many Federal motor vehicle safety standards
in the same manner as the 1994 Mercedes-Benz SL320 that was offered for
sale in the United States, or is capable of being readily altered to
conform to those standards.
Specifically, the petitioner claims that the 1994 Mercedes-Benz
SL280 is identical to the certified 1994 Mercedes-Benz SL320 with
respect to compliance with Standards Nos. 102 Transmission Shift Lever
Sequence * * *, 103 Defrosting and Defogging Systems, 104 Windshield
Wiping and Washing Systems, 105 Hydraulic Brake Systems, 106 Brake
Hoses, 107 Reflecting Surfaces, 109 New Pneumatic Tires, 111 Rearview
Mirrors, 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, 206 Door Locks and Door Retention Components, 207 Seating
Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages,
211 Wheel Nuts, Wheel Discs and Hubcaps, 212 Windshield Retention, 216
Roof Crush Resistance, 219 Windshield Zone Intrusion, 301 Fuel System
Integrity, and 302 Flammability of Interior Materials.
Additionally, the petitioner states that the 1994 Mercedes-Benz
SL280 complies with the Bumper Standard found in 49 U.S.C. 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: substitution of a lens
marked ``Brake'' for a lens with an ECE symbol on the brake failure
indicator lamp.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) installation of U.S.-model headlamp assemblies and
sidemarkers; (b) installation of U.S.-model taillamp
[[Page 58433]]
assemblies; (c) installation of a high mounted stop lamp.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard.
Standard No. 114 Theft Protection: installation of a buzzer relay
and a warning buzzer in the steering lock electrical circuit.
Standard No. 115 Vehicle Identification Number: installation of a
VIN plate that can be read from outside the left windshield pillar, and
a VIN reference label on the edge of the door or latch post nearest the
driver.
Standard No. 118 Power Window Systems: rewiring the power window
system so that the window transport is inoperative when the ignition is
switched off.
Standard No. 208 Occupant Crash Protection: (a) installation of a
seat belt warning buzzer; (c) installation of a knee bolster to augment
the vehicle's passive restraint system.
Standard No. 214 Side Impact Protection: installation of
reinforcing tubes.
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, SW., 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: November 20, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-28800 Filed 11-24-95; 8:45 am]
BILLING CODE 4910-59-P
