[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Notices]
[Pages 15482-15483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8310]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3661]
Notice of Receipt of Petition for Decision That Nonconforming
1994-1998 Mercedes-Benz E320 Passenger Cars Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for a decision that nonconforming
1994-1998 Mercedes-Benz E320 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 1994-
1998 Mercedes-Benz E320 passenger cars that were not originally
manufactured to comply with all applicable Federal motor vehicle safety
standards are eligible for importation into the United States because
(1) they are substantially similar to vehicles that were originally
manufactured for importation into and sale in the United States and
that were certified by their manufacturer as complying with the safety
standards, and (2) they are capable of being readily altered to conform
to the standards.
DATES: The closing date for comments on the petition is April 30, 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. 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 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, Inc. of Lansdale, Pennsylvania (``Champagne'')
(Registered Importer No. R-90-009) has petitioned NHTSA to decide
whether 1994-1998 Mercedes-Benz E320 passenger cars are eligible for
importation into the United States. The vehicles which Champagne
believes are substantially similar are 1994-1998 Mercedes-Benz E320
passenger cars that were manufactured for importation into and sale in
the United States and that were certified by their manufacturer,
Daimler-Benz, A.G., as conforming to all applicable Federal motor
vehicle safety standards.
The petitioner contends that it carefully compared non-U.S.
certified 1994-1998 Mercedes-Benz E320 passenger cars to their U.S.
certified counterparts, and found the vehicles to be substantially
similar with respect to compliance with most applicable Federal motor
vehicle safety standards.
Champagne submitted information with its petition intended to
demonstrate that non-U.S. certified 1994-1998 Mercedes-Benz E320
passenger cars, as originally manufactured, conform to many Federal
motor vehicle safety standards 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 non-U.S. certified 1994-
1998 Mercedes-Benz E320 passenger cars are identical to their U.S.
certified counterparts 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, 206 Door
Locks and Door Retention Components, 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 non-U.S. certified 1994-
1998 Mercedes-Benz E320 passenger cars comply with the Bumper Standard
found in 49 CFR Part 581 and the Theft Prevention Standard found in 49
CFR Part 541.
Petitioner also contends that the vehicles are 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) 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 which
incorporate headlamps with a DOT marking; (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 Mirrors: replacement of the passenger
side rear view mirror with a U.S.-model component.
Standard No. 114 Theft Protection: installation of a buzzer
microswitch in the steering lock assembly, and a warning buzzer.
Standard No. 118 Power Window Systems: rewiring of the power window
[[Page 15483]]
system so that the window transport is inoperative when the ignition is
switched off.
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 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 in
the rear center designated seating position.
Standard No. 214 Side Impact Protection: installation of
reinforcing beams. NHTSA understands that Daimler Benz did not certify
the 1994 Mercedes-Benz E320 as meeting the dynamic performance
requirements of this standard, but that it did certify 1995 through
1998 models as meeting those requirements.
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 vehicles 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 Management, Room PL-401, 400 Seventh St., 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: March 25, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-8310 Filed 3-30-98; 8:45 am]
BILLING CODE 4910-59-P
