[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24297]


[[Page Unknown]]

[Federal Register: October 3, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-81; Notice 1]

 

Notice of Receipt of Petition for Decision That Nonconforming 
1995 Mercedes-Benz Gelaendewagen 300GE (Long Wheel Base Type 463) 
Multi-Purpose Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for comments on petition for decision that 
nonconforming 1995 Mercedes-Benz Gelaendewagen 300GE (long wheel base 
Type 463) multi-purpose passenger vehicles (MPVs) are eligible for 
importation.

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SUMMARY: This notice requests comments on a petition submitted to the 
National Highway Traffic Safety Administration (NHTSA) for a decision 
that a 1995 Mercedes-Benz Gelaendewagen 300GE (long wheel base Type 
463) MPV that was not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards is eligible for 
importation into the United States because it has safety features that 
comply with, or are capable of being altered to comply with, all such 
standards.

DATES: The closing date for comments on the petition is November 2, 
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 Street 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 (202-366-5606).

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 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. 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 altered to conform to 
all applicable Federal motor vehicle safety standards. Where there is 
no substantially similar U.S.-certified motor vehicle, 49 U.S.C. 
Sec. 30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act, 
15 U.S.C. Sec. 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 altered to comply with, all 
applicable Federal motor vehicle safety standards based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
40 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.
    Europa International, Inc. of Santa Fe, New Mexico (Registered 
Importer No. R-91-002) has petitioned NHTSA to decide whether 1995 
Mercedes-Benz Gelaendewagen 300GE (long wheel base Type 463) MPVs are 
eligible for importation into the United States. Europa contends that 
this vehicle is eligible for importation under 49 U.S.C. 
Sec. 30141(a)(1)(B) because it has safety features that comply with, or 
are capable of being altered to comply with, all applicable Federal 
motor vehicle safety standards.
    Specifically, the petitioner claims that the 1995 Mercedes-Benz 
Gelaendewagen 300GE (long wheel base Type 463) MPV has 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 
Washing Systems (based on operation), 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 
vehicles), 201 Occupant Protection in Interior Impact (based on test 
data and certification of vehicle to European standard), 202 Head 
Restraints (based on test data 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 test results 
and certification of vehicle to European standard), 209 Seat belt 
Assemblies (based on certification markings), 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 on upholstery).
    The petitioner also contends that the 1995 Mercedes-Benz 
Gelaendewagen 300GE (long wheel base Type 463) MPV is capable of being 
altered to comply with 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) installation of a speedometer/odometer calibrated 
in miles per hour.
    Standard No. 105 Hydraulic Brake Systems: placement of warning 
label on brake fluid reservoir cap.
    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. The petitioner asserts 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: inscriptions 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 asserts 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 disable 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 asserts 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 asserts 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.
    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 will be published 
in the Federal Register pursuant to the authority indicated below.

    Authority: 49 U.S.C. Sec. 30141(a)(1)(B) and (b)(1); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-24297 Filed 9-30-94; 8:45 am]
BILLING CODE 4910-59-P