[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10762]
[[Page Unknown]]
[Federal Register: May 5, 1994]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-32; Notice 1]
Receipt of Petition for Determination That Nonconforming 1992
Mercedes-Benz 190E 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 190E 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 190E 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 June 6, 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 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.
J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered
Importer No. R-90-006) has petitioned NHTSA to determine whether 1992
Mercedes-Benz 190E (Model ID 201.029) passenger cars that were not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards are eligible for importation into the United
States. The vehicle which J.K. believes is substantially similar is the
1992 Mercedes-Benz 190E that Daimler Benz AG manufactured for
importation into and sale in the United States, and certified as
conforming to all applicable Federal motor vehicle safety standards.
The petitioner stated that it has carefully compared the non-U.S.-
certified 1992 Mercedes-Benz 190E to its U.S.-certified counterpart,
and found the two vehicles to be substantially similar with respect to
most applicable Federal motor vehicle safety standards.
J.K. submitted information with its petition intended to
demonstrate that the non-U.S.-certified 1992 Mercedes-Benz 190E, 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 Mercedes-Benz 190E is identical to its U.S.-certified counterpart
with respect to compliance with Standards Nos. 102 Transmission Shift
Level 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.
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 Displaying: (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 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 does not bear 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 Window Systems: Rewiring of the power window
system so that the window transport is inoperative when the ignition is
turned off.
Standard No. 206 Door Locks and Door Retention Components:
Replacement of rear door locks and retention components with U.S.-model
parts.
Standard No. 208 Occupant Crash Protection: (a) Installation of an
ignition switch-actuated seat belt warning buzzer; (b) installation of
a factory-supplied knee bolster to augment the vehicle's airbag-based
automatic restraint system. The petitioner claims that the airbag
supplied on the vehicle is identical to that found on its U.S.-
certified counterpart.
Standard No. 214 Side Impact Protection: Installation of
reinforcing beams in doors.
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.
Additionally, the petitioner states that the bumpers on the non-
U.S.-certified 1992 Mercedes-Benz 190E must be reinforced to comply
with the Bumper Standard found at 49 CFR part 581.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and to
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
the 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)(iii); 49 CFR
593.8; delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: April 29, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-10762 Filed 5-4-94; 8:45 am]
BILLING CODE 4910-59-M