[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