[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19443]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-59; Notice 1]
Receipt of Petition for Determination That Nonconforming 1994
Mercedes-Benz S280 Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for determination that
nonconforming 1994 Mercedes-Benz S280 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
1994 Mercedes-Benz S280 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 September 9,
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 St., SW.,
Washington, DC 20590. [Docket hours are from 9:30 am to 4 pm]
FOR FURTHER INFORMATION CONTACT:
Ted Bayler, 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 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 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 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 (Registered
Importer No. R-90-009) has petitioned NHTSA to determine whether 1994
Mercedes-Benz S280 (Model ID 140.028) passenger cars are eligible for
importation into the United States. The vehicle which Champagne
believes is substantially similar is the 1994 Mercedes-Benz S320.
Champagne has submitted information indicating that Daimler Benz A.G.,
the company that manufactured the 1994 Mercedes-Benz S320, 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 S280 to the
S320, and found the two models 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 1994 model S280, as originally manufactured,
conforms to many Federal motor vehicle safety standards in the same
manner as the 1994 model S320 that was offered for sale in the United
States, or is capable of being readily modified to conform to those
standards.
Specifically, the petitioner claims that the 1994 model S280 is
identical to the certified 1994 model S320 with respect to compliance
with Standards Nos. 102 Transmission Shift Lever Sequence * * *, 103
Defrosting and Defogging Systems, 104 Windshield Wiping and Washington
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 1994 model S280
complies with the Bumper Standard found in 49 CFR Part 581.
Petitioner also contends that the vehicle is capable of being
readily modified to meet the following standards, in the manner
indicated:
Standard No. 101 Controls and Displays: (1) 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 Mirrors: replacement of the passenger
side rear view mirror, which is convex, but lacks the required warning
statement.
Standard No. 114 Theft Protection: installation of a 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 lock buttons with U.S.-model
parts.
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 and passenger side air bags with
U.S.-model components and installation of U.S.-model knee bolsters. The
petitioner states that the remaining component of the vehicle's passive
restraint system, a control unit/sensor assembly, has a part number
identical to that found on the U.S. certified 1994 model S320.
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, 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 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: August 3, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-19443 Filed 8-9-94; 8:45 am]
BILLING CODE 4910-59-M
