[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Notices]
[Pages 58432-58433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28800]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-89; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1994 Mercedes-Benz SL280 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1994 Mercedes-Benz SL280 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 decision that a 1994 
Mercedes-Benz SL280 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 altered to conform to the standards.

DATES: The closing date for comments on the petition is December 27, 
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-
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.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 U.S.C. Part 592. As specified in 49 U.S.C. 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.
    Liphardt & Associates, Inc. of Ronkonkoma, New York (``Liphardt'') 
(Registered Importer R-90-004) has petitioned NHTSA to decide whether 
1994 Mercedes-Benz SL280 (Body Style 129) passenger cars are eligible 
for importation into the United States. The vehicle which Liphardt 
believes is substantially similar is the 1994 Mercedes-Benz SL320. 
Liphardt has submitted information indicating that Daimler Benz A.G., 
the company that manufactured the 1994 Mercedes-Benz SL320, 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 1994 
Mercedes-Benz SL280 to the 1994 Mercedes-Benz SL320, and found the two 
models to be substantially similar with respect to compliance with most 
applicable Federal motor vehicle safety standards.
    Liphardt submitted information with its petition intended to 
demonstrate that the 1994 Mercedes-Benz SL280, as originally 
manufactured, conforms to many Federal motor vehicle safety standards 
in the same manner as the 1994 Mercedes-Benz SL320 that was offered for 
sale in the United States, or is capable of being readily altered to 
conform to those standards.
    Specifically, the petitioner claims that the 1994 Mercedes-Benz 
SL280 is identical to the certified 1994 Mercedes-Benz SL320 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, 111 Rearview 
Mirrors, 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, 301 Fuel System 
Integrity, and 302 Flammability of Interior Materials.
    Additionally, the petitioner states that the 1994 Mercedes-Benz 
SL280 complies with the Bumper Standard found in 49 U.S.C. 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: substitution of a lens 
marked ``Brake'' for a lens with an ECE symbol on the brake failure 
indicator lamp.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamp assemblies and 
sidemarkers; (b) installation of U.S.-model taillamp 

[[Page 58433]]
assemblies; (c) installation of a high mounted stop lamp.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 114 Theft Protection: installation of a buzzer relay 
and 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, and 
a VIN reference label on the edge of the door or latch post nearest the 
driver.
    Standard No. 118 Power Window Systems: rewiring 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 
seat belt warning buzzer; (c) installation of a knee bolster to augment 
the vehicle's passive restraint system.
    Standard No. 214 Side Impact Protection: installation of 
reinforcing tubes.
    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 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: November 20, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-28800 Filed 11-24-95; 8:45 am]
BILLING CODE 4910-59-P