[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Notices]
[Pages 15864-15865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8758]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-36; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1990 Through 1996 Mercedes-Benz Type 463 Short Wheel Base Gelaendewagen
Multi-Purpose Passenger Vehicles Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Request for comments on petition for decision that
nonconforming 1990 through 1996 Mercedes-Benz Type 463 Short Wheel Base
Gelaendewagen multi-purpose passenger vehicles (MPVs) are eligible for
importation.
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SUMMARY: This notice requests comments on a petition submitted to the
National Highway Traffic Safety Administration (NHTSA) for a decision
that 1990 through 1996 Mercedes-Benz Type 463 Short Wheel Base
Gelaendewagen MPVs that were not originally manufactured to comply with
all applicable Federal motor vehicle safety standards are eligible for
importation into the United States because they have safety features
that comply with, or are capable of being altered to comply with, all
such standards.
DATES: The closing date for comments on the petition is May 9, 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. 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. Where there is no
substantially similar U.S.-certified motor vehicle, 49 U.S.C.
Sec. 30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act,
15 U.S.C. Sec. 1397(c)(3)(A)(i)(II)) permits a nonconforming motor
vehicle to be admitted into the United States if its safety features
comply with, or are capable of being altered to comply with, all
applicable Federal motor vehicle safety standards based on destructive
test data or such other evidence as NHTSA decides to be adequate.
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.
Europa International, Inc. of Santa Fe, New Mexico (Registered
Importer No. R-91-002) has petitioned NHTSA to decide whether 1990
through 1996 Mercedes-Benz Type 463 Short Wheel Base Gelaendewagen MPVs
are eligible for importation into the United States. Europa contends
that these vehicles are eligible for importation under 49 U.S.C.
Sec. 30141(a)(1)(B) because they have safety features that comply with,
or are capable of being altered to comply with, all applicable Federal
motor vehicle safety standards.
Specifically, the petitioner claims that 1990 through 1996
Mercedes-Benz Type 463 Short Wheel Base Gelaendewagen MPVs have safety
features that comply with Standard Nos. 102 Transmission Shift Lever
Sequence. * * * (based on visual inspection and operation), 103
Defrosting and Defogging Systems (based on inspection and information
in owner's manual describing operation of the system), 104 Windshield
Wiping and Washing Systems (based on operation), 106 Brake Hoses (based
on visual inspection of certification markings), 107 Reflecting
Surfaces (based on visual inspection), 113 Hood Latch Systems (based on
information in owner's manual describing operation of secondary latch
mechanism), 116 Brake Fluids (based on vendor certification and
information in owner's manual describing fluids installed at factory as
``DOT 4 plus''), 119 New Pneumatic Tires for Vehicles other than
Passenger Cars (based on visual inspection of certification markings),
124 Accelerator Control Systems (based on inspection revealing two
accelerator return springs), 201 Occupant Protection in Interior Impact
(based on test data and certification of vehicle to European standard),
202 Head Restraints (based on Standard No. 208 test data for 1993 model
year vehicle with same head restraint, certification of vehicle to
European standard, and head restraint measurements), 204 Steering
Control Rearward Displacement (based on test film), 205 Glazing
Materials (based on visual inspection of certification markings), 207
Seating Systems (based on test results and certification of vehicle to
European standard), 209 Seat Belt Assemblies (based on wiring diagram
of seat belt warning system and visual inspection of certification
markings), 211 Wheel Nuts, Wheel Discs and Hubcaps (based on visual
inspection), 214 Side Impact Protection (based on test results for
identically equipped 1995 model year vehicle), 219 Windshield Zone
Intrusion (based on test results and certification information for
identically equipped 1993 model year vehicle), and 302 Flammability of
Interior Materials (based on composition of upholstery and treatment of
fabric with flameproof spray).
The petitioner also contends that 1990 through 1996 Mercedes-Benz
Type 463 Short Wheel Base V-8 Gelaendewagen MPVs are capable of being
altered to comply with 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
[[Page 15865]]
symbol on the brake failure indicator lamp; (b) installation of a
speedometer/odometer calibrated in miles per hour.
Standard No. 105 Hydraulic Brake Systems: placement of warning
label on brake fluid reservoir cap. The petitioner states that the
vehicle's parking brake was tested and met the requirements of the
standard.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) installation of U.S.-model sealed beam headlamps; (b)
installation of U.S.-model side marker lamps and reflectors; (c)
installation of a high mounted stop lamp on vehicles manufactured after
September 1, 1993. The petitioner asserts that testing performed on the
taillamp reveals that it complies with the standard, even though it
lacks a DOT certification marking, and that all other lights are DOT
certified.
Standard No. 111 Rearview Mirrors: inscription of the required
warning statement on the convex surface of the passenger side rearview
mirror.
Standard No. 114 Theft Protection: installation of 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.
Standard No. 118 Power-Operated Window Systems: rewiring of the
power window system so that the window transport is inoperative when
the front doors are open.
Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: installation of a tire information placard. The
petitioner asserts that even though the tire rims lack a DOT
certification marking, they comply with the standard, based on their
manufacturer's certification that they comply with the German TUV
regulations, as well as their certification by the British Standards
Association and the Rim Association of Australia.
Standard No. 206 Door Locks and Door Retention Components:
installation of a push-pull locking mechanism on all door locks.
Standard No. 208 Occupant Crash Protection: installation of a
complying driver's side air bag and a seat belt warning system. The
petitioner asserts that the vehicle conforms to the standard's injury
criteria at the front passenger position based on a test report from
the vehicle's manufacturer. The petitioner additionally submitted a
letter from an engineering concern stating that no difference in
occupant restraint characteristics would be anticipated between the
Short Wheel Base Gelaendewagen and the Long Wheel Base models that
NHTSA has previously decided to be eligible for importation. This
representation is based on the observation that the only structural
differences in the two vehicles are found well behind the frontal crush
zone, and that no structural deformation occurs in that area. The
letter further states that the Short Wheel Base Gelaendewagen is 297
pounds lighter that the Long Wheel Base model, representing a weight
difference of less 5 percent. The letter states that this weight
difference would not be expected to cause performance variation in
Standard 208 crash tests. The petitioner states that it intends to meet
automatic restraint phase-in requirements for vehicles manufactured
after September 1, 1995 by importing other vehicles equipped with
passenger-side automatic restraints.
Standard No. 210 Seat Belt Assembly Anchorages: insertion of
instructions on the installation and use of child restraints in the
owner's manual for the vehicle. The petitioner submitted a letter from
an engineering concern describing tests performed on a Gelaendewagen to
the requirements of this standard. Based on the results of these tests,
the petitioner asserts that the vehicle complies with the standard.
Standard No. 212 Windshield Retention: application of cement to the
windshield's edges. The petitioner asserts that the vehicle complies
with the standard based on test results for a Gelaendewagen that NHTSA
previously decided to be eligible for importation.
Standard No. 301 Fuel System Integrity: installation of a rollover
valve. The petitioner asserts that the vehicle complies with the
standard based on test results for a Gelaendewagen that NHTSA
previously decided to be eligible for importation.
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 will be published
in the Federal Register pursuant to the authority indicated below.
Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: April 3, 1996.
Marilynne Jacobs,
Director Office of Vehicle Safety Compliance.
[FR Doc. 96-8758 Filed 4-8-96; 8:45 am]
BILLING CODE 4910-59-P
