[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Notices]
[Pages 528-530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-105]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-81; Notice 2]
Decision That Nonconforming 1995 Mercedes-Benz Gelaendewagen G320
(Long Wheel Base Type 463) Multi-Purpose Passenger Vehicles are
Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1995 Mercedes-
[[Page 529]] Benz Gelaendewagen G320 (long wheel base Type 463) multi-
purpose passenger vehicles are eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1995
Mercedes-Benz Gelaendewagen G320 (long wheel base Type 463) MPVs 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 altered to comply with, all such standards.
DATE: The decision is effective January 4, 1995.
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 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)(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
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 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 determination
in the Federal Register.
Europa International, Inc. of Santa Fe, New Mexico (``Europa'')
(Registered Importer No. R-91-002) petitioned NHTSA to decide whether
1995 Mercedes-Benz Gelaendewagen G320 (long wheel base Type 463) MPVs
are eligible for importation into the United States. NHTSA published
notice of the petition on October 3, 1994 (59 FR 50330) to afford an
opportunity for public comment. That notice identified the vehicle that
is the subject of the petition as a ``300GE Type 463 Gelaendewagen.''
In a letter dated November 23, 1994, Europa informed NHTSA that this
vehicle is officially designated as the ``G320 Type 463
Gelaendewagen.'' That designation is consequently used in this notice.
As described in the notice of the petition, Europa claimed that
Mercedes-Benz Gelaendewagen G320 (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 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 System (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 of upholstery).
The petitioner also contended that the 1995 Mercedes-Benz
Gelaendewagen G320 (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 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 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 [[Page 530]] 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.
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 decided 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-06 is the vehicle eligibility number assigned to vehicles
admissible under this determination.
Final Determination
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that 1995 Mercedes-Benz Gelaendewagen G320 (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 altered
to comply with, all applicable Federal motor vehicle safety standards.
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.
Issued on December 21, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 95-105 Filed 1-3-95; 8:45 am]
BILLING CODE 4910-59-P