[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21239-21240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10639]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-32; Notice 1]
Receipt of Petition for Decision That Nonconforming 1994
Mercedes-Benz S320 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 S320 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 S320 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 May 31, 1995.
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. Sec. 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 90-009) has petitioned NHTSA to decide whether
1994 Mercedes-Benz S320 (Model ID 140.033) passenger cars are eligible
for importation into the United States. The vehicle which Champagne
believes is substantially similar is the 1994 Mercedes-Benz S320 that
was manufactured for importation into, and sale in, the United States
and certified by its manufacturer, Daimler Benz A.G., 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 S320 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.
Champagne submitted information with its petition intended to
demonstrate that the non-U.S. certified 1994 Mercedes-Benz S320, 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 S320 is identical to its U.S. certified counterpart
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, 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
1994 Mercedes-Benz S320 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 an ECE symbol on the brake failure
indicator lamp; (b) installation of a 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 which
incorporate sealed beam headlamps; (b) installation of U.S.-model front
and rear sidemarker/reflector assemblies; (c) installation of U.S.-
model taillamp assemblies; (d) installation of a high mounted stop
lamp.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard.
Standard No. 111 Rearview Mirror: replacement of the passenger side
rearview mirror with a U.S.-model component.
Standard No. 114 Theft Protection: installation of a warning buzzer
microswitch and a warning buzzer in the steering lock assembly.
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. 206 Door Locks and Door Retention Components:
replacement of the rear door locks and door lock buttons.
[[Page 21240]]
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) installation of U.S.-model driver's and passenger's side
airbags and knee bolsters. The petitioner states that the vehicle is
equipped at its front designated seating positions with combination lap
and shoulder belts that adjust by means of an automatic retractor and
release by means of a single push button. The petitioner also states
that the vehicle is equipped in at its rear outboard seating positions
with combination lap and shoulder belts that have a single release
button, and with a lap belt in the rear center 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.
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: 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: April 26, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-10639 Filed 4-28-95; 8:45 am]
BILLING CODE 4910-59-P
