[Federal Register Volume 59, Number 79 (Monday, April 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9918]
[[Page Unknown]]
[Federal Register: April 25, 1994]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-25; Notice 1]
Receipt of Petition for Determination That Nonconforming 1992
Mercedes-Benz 300SE Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for determination that
nonconforming 1992 Mercedes-Benz 300SE 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 determination that a
1992 Mercedes-Benz 300SE 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 modified to conform to the standards.
DATES: The closing date for comments on the petition is May 25, 1994.
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 Street, SW.,
Washington, DC 20590. [Docket hours are from 9:30 a.m. to 4 p.m.]
FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION:
Background
Under section 108(c)(3)(A)(i) of the National Traffic and Motor
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), 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 on and after January 31, 1990, unless
NHTSA has determined that the motor vehicle is substantially similar to
a motor vehicle originally manufactured for importation into and sale
in the United States, certified under 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 modified to conform to all applicable
Federal motor vehicle safety standards.
Petitions for eligibility determinations 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 determines, 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 determination
in the Federal Register.
Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'')
(Registered Importer R-90-009) has petitioned NHTSA to determine
whether 1992 Mercedes-Benz 300SE (Model ID 140.032) passenger cars are
eligible for importation into the United States. The vehicle which
Champagne believes is substantially similar is the 1992 Mercedes-Benz
300SE that Daimler Benz A.G. manufactured for importation into and sale
in the United States, and certified as conforming to all applicable
Federal motor vehicle safety standards.
The petitioner states that is carefully compared the non-U.S.-
certified 300SE to its U.S.-certified counterpart, and found the two
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 the non-U.S.-certified 300SE, 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 modified to conform to those standards.
Specifically, the petitioner claims that the non-U.S. certified
1992 model 300SE is identical to the U.S.-certified 1992 model 300SE
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, 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, 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.
Additionally, the petitioner states that the non-U.S.-certified
1992 model 300SE complies with the Bumper Standard found in 49 CFR part
581.
Petitoner also contends that the non-U.S.-certified 1992 model
300SE is capable of being readily modified 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 seat belt 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 sealed beam headlamps 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 rearview 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-Operated 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 with U.S.-model components.
Standard No. 208 Occupant Crash Protection: (a) Installation of
either a U.S.-model seat belt in the driver's position, or a belt
webbing-actuated microswitch in the driver's seat belt retractor; (b)
installation of an ignition switch-actuated seat belt warning lamp and
buzzer. The petitioner claims that the non-U.S. certified 1992 model
300SE is equipped with an automatic restraint system consisting of an
airbag, knee bolster, and sensor, which have identical part numbers to
those found on the U.S. certified 1992 model 300SE.
Standard No. 214 Side Door Strength: 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.
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: 15 U.S.C. 1397(c)(3)(A)(i)(I) and (C)(ii); 49 CFR
593.8; delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: April 18, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-9918 Filed 4-22-94; 8:45 am]
BILLING CODE 4910-59-M
