[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Notices]
[Pages 12130-12132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7151]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-026; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1990 Mercedes-Benz 500SE Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1990 Mercedes-Benz 500SE 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 1990
Mercedes-Benz 500SE 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 24, 1996.
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. 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. 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 CFR part 592. As specified in 49 CFR Sec. 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.
G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')
(Registered Importer No. R-90-007) has petitioned NHTSA to decide
whether 1990 Mercedes-Benz 500SE passenger cars are eligible for
importation into the United States. The vehicle which G&K believes is
substantially similar is the 1990 Mercedes-Benz 300SE. G&K has
submitted information indicating that Daimler Benz A.G., the company
that manufactured the 1990 Mercedes-Benz 300SE, 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 1990
Mercedes-Benz 500SE to the 1990 Mercedes-Benz 300SE, and found the two
models to be substantially similar with respect to compliance with most
applicable Federal motor vehicle safety standards.
G&K submitted information with its petition intended to demonstrate
that the 1990 Mercedes-Benz 500SE, as originally manufactured, conforms
to many Federal motor vehicle safety standards in the same manner as
the 1990 Mercedes-Benz 300SE 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 1990 Mercedes- Benz
500SE is identical to the certified 1990 Mercedes-Benz 300SE 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, 113 Hood Latch
Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 201 Occupant
Protection in Interior Impact, 202 Head Restraints, 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, 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, and 302 Flammability of Interior
Materials.
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 an ECE symbol on the brake failure
indicator lamp; (b) placement of the appropriate symbol on the seat
belt warning lamp; (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 and front
sidemarkers; (b) installation of U.S.-model taillamp assemblies which
incorporate rear sidemarkers; (c) installation of a high mounted stop
lamp.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard.
Standard No. 111 Rearview Mirrors: replacement of the passenger
side rear view mirror, which is convex, but lacks the required warning
statement.
Standard No. 114 Theft Protection: installation of a buzzer
microswitch in the steering lock assembly, and a warning buzzer.
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 of the power window
system so that the window transport is inoperative when the ignition is
switched off.
Standard No. 208 Occupant Crash Protection: installation of a seat
belt warning buzzer. The petitioner states that the vehicle is equipped
with an automatic restraint system consisting of a driver's side air
bag and knee bolster, with Type 2 seat belts in its front and rear
outboard seating positions, and with a Type 1 seat belt in the rear
center seating position, and that all of these components are identical
to those found on the U.S. certified 1990 Mercedes-Benz 300SE.
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.
[[Page 12132]]
Additionally, the petitioner states that the bumpers on the 1990
Mercedes-Benz 500SE must be reinforced to comply with the Bumper
Standard found in 49 CFR part 581.
The petitioner also states that before any 1990 Mercedes-Benz 500SE
may be imported, its 17 digit VIN must be inscribed on 14 major car
parts and a theft prevention certification label must be installed to
comply with the Theft Prevention Standard found in 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 20, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-7151 Filed 3-22-96; 8:45 am]
BILLING CODE 4910-59-P
