[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Notices]
[Pages 13910-13911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7455]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3628]
Notice of Receipt of Petition for Decision That Nonconforming
1994 Mercedes-Benz C220 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 C220 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 a 1994
Mercedes-Benz C220 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 April 22, 1998.
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 10 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. Sec. 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. Sec. 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.
Bayway Auto of Newark, New Jersey (``Bayway'') (Registered Importer
98-166) has petitioned NHTSA to decide whether 1994 Mercedes-Benz C220
passenger cars are eligible for importation into the United States. The
vehicle which Bayway believes is substantially similar is the 1994
Mercedes-Benz C220 that was manufactured for importation into, and sale
in, the United States and certified by its manufacturer as conforming
to all applicable Federal motor vehicle safety standards.
The petitioner claims that it carefully compared the non-U.S.
certified 1994 Mercedes-Benz C220 to its U.S. certified counterpart,
and found the two vehicles to be substantially similar with respect to
compliance with most Federal motor vehicle safety standards.
Bayway submitted information with its petition intended to
demonstrate that the non-U.S. certified 1994 Mercedes-Benz C220, as
originally manufactured, conforms to many Federal motor vehicle safety
standards in the same manner as its U.S. certified counterpart, or is
capable of being readily altered to conform to those standards.
Specifically, the petitioner claims that the non-U.S. certified
1994 Mercedes-Benz C220 is identical to its U.S. certified counterpart
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, 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
1994 Mercedes-Benz C220 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 sealed beam headlamp
assemblies; (b) installation of U.S.-model front and rear sidemarker/
reflector assemblies; (c) installation of U.S.-model taillamp
assemblies.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard.
Standard No. 111 Rearview Mirror: replacement of the convex
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 lock 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 and passenger's side air bags
and knee bolsters with U.S.-model components if the vehicle is not so
equipped. The petitioner states that the vehicle is equipped with
combination lap and
[[Page 13911]]
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 in 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.
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.
Additionally, the petitioner states that an alarm system identical
to that found on U.S.-certified models will be installed on each 1994
Mercedes-Benz C220 prior to importation so that the vehicle meets the
Theft Prevention Standard found at 49 CFR part 541.
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: March 18, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-7455 Filed 3-20-98; 8:45 am]
BILLING CODE 4910-59-P
