[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Notices]
[Pages 37914-37916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18132]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-56; Notice 1]
Receipt of Petition for Decision That Nonconforming 1996
Mercedes-Benz Gelaendewagen 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 1996 Mercedes-Benz Gelaendewagen 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 1996 Mercedes-Benz Gelaendewagen 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.
DATE: The closing date for comments on the petition is August 23, 1995.
ADDRESS: 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:
George Entwistle, Office of Vehicle Safety Compliance, NHTSA (202-366-
5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 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. 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.
30141(a)(1)(B) (formerly 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 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 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 1996
Mercedes-Benz Gelaendewagen 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. 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 1996 Mercedes-Benz
Gelaendewagen 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 Standard No. 208 test data for prior model year
vehicle with same head restraint 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 wiring diagram of seat belt warning system and
visual inspection of certification markings), 211 Wheel Nuts, Wheel
Discs and Hubcaps (based on visual inspection), 214 Side Impact
Protection (based on test results for prior model year vehicle), 219
Windshield Zone Intrusion (based on test results and certification
information for prior model year vehicle), and 302 Flammability of
Interior Materials (based on composition of upholstery).
The petitioner also contends that the 1996 Mercedes-Benz
Gelaendewagen 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: 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.
[[Page 37916]]
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 system. 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.
Standard No. 301 Fuel System Integrity: Installation of a rollover
valve.
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. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.
Issued on July 19, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-18132 Filed 7-21-95; 8:45 am]
BILLING CODE 4910-59-P