[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Notices]
[Pages 49663-49665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23858]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-78; Notice 1]


Notice of Receipt of Petition for Decision that Nonconforming 
1990 Mercedes-Benz 560SEC Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1990 Mercedes-Benz 560SEC 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 decision that a 1990 
Mercedes-Benz 560SEC 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 

[[Page 49664]]
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 altered to 
conform to the standards.

DATES: The closing date for comments on the petition is October 26, 
1995.

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: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5406).

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.
    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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne '') 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
1990 Mercedes-Benz 560SEC (Model ID 126.045) passenger cars are 
eligible for importation into the United States. The vehicle which 
Champagne believes is substantially similar is the 1990 Mercedes-Benz 
560SEC that was manufactured for importation into, and sale in, the 
United States and certified by its manufacturer, Daimler Benz A.G., as 
conforming to all applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared the non-U.S. 
certified 1990 Mercedes-Benz 560SEC to its U.S. certified counterpart, 
and found the two vehicles to be substantially similar with respect to 
compliance with most Federal motor vehicle safety standards.
    Champagne submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1990 Mercedes-Benz 560SEC, as 
originally manufactured, conforms to many Federal motor vehicle safety 
standards in the same manner as its U.S. certified counterpart, or is 
capable of being readily altered to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1990 Mercedes-Benz 560SEC is identical to its U.S. certified 
counterpart with respect to compliance with Standards Nos. 102 
Transmission Shift Lever Sequence * * *, 103 Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing 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, 204 Steering Control Rearward Displacement, 205 Glazing 
Materials, 206 Door Locks and Door Retention Components, 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 202 
Flammability of Interior Materials.
    Additionally, the petitioner states that the non-U.S. certified 
1990 Mercedes-Benz 560SEC complies with the Bumper Standard found in 49 
CFR Part 581.
    Petitioner also contends that the vehicle is capable of being 
readily altered to meet 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 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 head lamp assemblies which 
incorporate sealed beam headlamps (b) installation of U.S.-model front 
and rear sidemarkers/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 Mirror: Replacement of the passenger side 
rearview mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: Installation of a warning 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. 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 buckle; (b) 
installation of an ignition switch-actuated set belt warning lamp and 
buzzer; (c) replacement of the driver's and passenger's side air bags 
and knee bolsters with U.S.-model components. The petitioner states 
that the vehicle is equipped in the front seating positions with 
combination lap and should belts which adjust by means of an automatic 
retractor and release by means of a single push button. Additionally, 
the petitioner states that the vehicle is equipped in the rear outboard 
seating positions with combination lap and shoulder belts that release 
by means of a single push button.
    Standard No. 214 Side Impact Protection: 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 

[[Page 49665]]
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: September 21, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-23858 Filed 9-25-95; 8:45 am]
BILLING CODE 4910-59-M