[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Notices]
[Pages 26072-26073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11983]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
[Docket No. 95-37; Notice 1]
Receipt of Petition for Decision That Nonconforming 1992
Mercedes-Benz 300SEL Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1992 Mercedes-Benz 300SEL passenger cars are eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt by the National Highway Traffic
Safety Administration (NHTSA) of a petition for a decision that a 1992
Mercedes-Benz 300SEL 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 June 15, 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. 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.
J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer
No. R-90-006) has petitioned NHTSA to decide whether 1992 Mercedes-Benz
300SEL (Model ID 140.033) passenger cars are eligible for importation
into the United States. The vehicle which J.K. believes is
substantially similar is the 1992 Mercedes-Benz 500SEL. J.K. has
submitted information indicating that Daimler Benz A.G., the company
that manufactured the 1992 Mercedes-Benz 500SEL, 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 1992
Mercedes-Benz 300SEL to the 1992 Mercedes-Benz 500SEL, and found the
two models to be substantially similar with respect to compliance with
most applicable Federal motor vehicle safety standards.
J.K. submitted information with its petition intended to
demonstrate that the 1992 Mercedes-Benz 300SEL, as originally
manufactured, conforms to many Federal motor vehicle safety standards
in the same manner as the 1992 Mercedes-Benz 500SEL 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 1992 Mercedes-Benz
300SEL is identical to the certified 1992 Mercedes-Benz 500SEL 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 [[Page 26073]] 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,
211 Wheel Nuts, Wheel Discs and Hubcaps, 212 Windshield Retention, 216
Roof Crush Resistance, 219 Windshield Zone Intrusion, 301 Fuel System
Integrity, and 302 Flammability of Interior Materials.
Additionally, the petitioner states that the 1992 Mercedes-Benz
300SEL 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) 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 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 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. 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: (a) Installation of a
seat belt warning buzzer, wired to the seat belt latch; (b)
installation of a U.S.-model driver's and passenger's side air bags and
knee bolsters. The petitioner states that the vehicle has shoulder
harnesses in all outboard seating positions, both front and rear, and a
lap belt in the middle rear seating position.
Standard No. 214 Side Impact Protection: Installation of
reinforcing beams.
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: May 11, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-11983 Filed 5-15-95; 8:45 am]
BILLING CODE 4910-59-M