[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12873]
[[Page Unknown]]
[Federal Register: May 25, 1994]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-19; Notice 2]
Determination That Nonconforming 1990, 1991, 1992, and 1994
Mercedes-Benz Gelaendewagen 300GE (Long Wheel Base Type 463) Multi-
Purpose Passenger Vehicles Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of determination by NHTSA that nonconforming 1990, 1991,
1992, and 1994 Mercedes-Benz Gelaendewagen 300 GE (long wheel base Type
463) multi-purpose passenger vehicles (MPVs) are eligible for
importation.
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SUMMARY: This notice announces the determination by NHTSA that 1990,
1991, 1992, and 1994 Mercedes-Benz Gelaendewagen 300GE (long wheel base
Type 463) 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 modified to comply with, all
such standards.
DATES: The determination is effective as of the date of its publication
in the Federal Register.
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)(I) of the National Traffic and Motor
Vehicle Safety Act (the Act), 15 U.S.C. 1397 (c)(3)(A)(i)(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. Where there is no substantially
similar U.S.-certified motor vehicle, section 108(c)(3)(A)(i)(II) of
the Act, 15 U.S.C. 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 modified to comply with, all
applicable Federal motor vehicle safety standards based on destructive
test data or such other evidence as NHTSA determines to be adequate.
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.
Europa International, Inc. of Santa Fe, New Mexico (Registered
Importer No. R-91-002) petitioned NHTSA to determine whether 1990,
1991, 1992, and 1994 Mercedes-Benz Gelaendewagen 300GE (long wheel base
Type 463) MPVs are eligible for importation into the United States.
NHTSA published notice of the petition on March 29, 1994 (59 FR 14708)
to afford an opportunity for public comment. As described in that
notice, the petitioner claimed that 1990, 1991, 1992, and 1994
Mercedes-Benz Gelaendewagen 300GE (long wheel base Type 463) 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), 104 Windshield
Wiping and Washington Systems (based on operation), 105 Hydraulic Brake
Systems (based on documented testing), 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 visual inspection of certification markings and
information in owner's manual describing fluids installed at factory),
119 New Pneumatic Tires for Vehicles other than Passenger Cars (based
on visual inspection of certification markings), 124 Accelerator
Control Systems (based on operation and comparison to U.S.-certified
equipment), 201 Occupant Protection in Interior Impact (based on test
film and certification of vehicle to European standard), 202 Head
Restraints (based on test film and certification of vehicle to European
standard), 204 Steering Control Rearward Displacement (based on test
film), 205 Glazing Materials (based on visual inspection of
certification markings), 207 Seating Systems, (based on undocumented
test results and certification of vehicle to European standard), 209
Seat Belt Assemblies (based on certification markings and schematic
diagram of seat belt warning system), 211 Wheel Nuts, Wheel Discs and
Hubcaps (based on visual inspection), 214 Side Impact Protection (based
on test results), 219 Windshield Zone Intrusion (based on engineering
evaluation of Standard No. 208 compliance test film and test data), and
302 Flammability of Interior Materials (based on composition of
upholstery).
The petitioner also contended that 1990, 1991, 1992, and 1994
Mercedes-Benz Gelaendewagen 300GE (long wheel base Type 463) MPVs are
capable of being modified to comply with the following standards, in
the manner indicated:
Standard No. 101 Controls and Displays: substitution of a lens
marked ``Brake'' for a lens with an ECE symbol on the brake failure
indicator lamp.
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 asserted 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 asserted 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 interior locking buttons on all door locks and
modification of rear door locks to disabled latch release controls when
locking mechanism is engaged.
Standard No. 208 Occupant Crash Protection: installation of a
complying driver's side air bag and a seat belt warning buzzer. The
petitioner asserted 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.
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 asserted that the
vehicle is certified as complying with a European standard that
contains more severe force application requirements than those of this
standard.
Standard No. 212 Windshield Retention: application of cement to the
windshield's edges.
The petitioner provided test data indicating that the vehicle
satisfied the frontal barrier requirements of Standard No. 301 Fuel
System Integrity. The petitioner also supplied data on a rear barrier
crash at 31 mph with crash forces approximating those required by the
standard. The data revealed that fuel leaked from the vent during the
rollover that was conducted as part of this test. The petitioner
installed a rollover valve in the fuel tank line to resolve that
problem. The petitioner also stated that the vehicle should comply with
the lateral impact test at the lower speed of 20 mph due to the
reinforcing structure surrounding the fuel tank and the placement of
the fuel lines inside the main frame of the vehicle. Based on its
analysis of information provided by the petitioner, as well as its
engineering judgment, the agency is satisfied that the vehicle will
comply with the side impact requirements of Standard No. 301.
No comments were received in response to the notice of the
petition. Based on its review of the information submitted by the
petitioner, NHTSA has determined to grant the petition.
Vehicle Eligibility Number for Subject Vehicles
The importer of a vehicle admissible under any final determination
must indicate on the form HS-7 accompanying entry the appropriate
vehicle eligibility number indicating that the vehicle is eligible for
entry. VCP #5 is the vehicle eligibility number assigned to vehicles
admissible under this determination.
Final Determination
Accordingly, on the basis of the foregoing, NHTSA hereby determines
that 1990, 1991, 1992, and 1994 Mercedes-Benz Gelaendewagen 300GE (long
wheel base Type 463) MPVs are eligible for importation into the United
States because they have safety features that comply with, or are
capable of being modified to comply with, all applicable Federal motor
vehicle safety standards.
Authority: 15 U.S.C. 1397(c)(3)(A)(i)(II) and (C)(iii); 49 CFR
593.8; delegations of authority at 49 CFR 1.50 and 501.8.
Issued on: May 20, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-12873 Filed 5-24-94; 8:45 am]
BILLING CODE 4910-59-M