[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Notices]
[Pages 6684-6685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3811]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-14; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1992 Through 1996 Mercedes-Benz Type 463 Long Wheel Base V-8 
Gelaendewagen 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 1992 through 1996 Mercedes-Benz Type 463 Long Wheel Base 
V-8 Gelaendewagen 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 1992 through 1996 Mercedes-Benz Type 463 Long Wheel Base V-8 
Gelaendewagen MPVs that were 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.

DATES: The closing date for comments on the petition is March 22, 1996.

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. 30141 (a)(1)(A) (formerly section 
109(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. 
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 1992 
through 1996 Mercedes-Benz Type 463 Long Wheel Base V-8 Gelaendewagen 
MPVs are eligible for importation into the United States. Europa 
contends that these vehicles are eligible for importation under 49 
U.S.C. Sec. 30141(a)(1)(B) because they have 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 1992 through 1996 
Mercedes-Benz Type 463 Long Wheel Base V-8 Gelaendewagen 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 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 1993 model year vehicle with same head restraint and 
certification of vehicle to European standard), 204 Steering Control 
Rearward Displacement (based 

[[Page 6685]]
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 identically equipped 1995 model 
year vehicle), 219 Windshield Zone Intrusion (based on test results and 
certification information for identically equipped 1993 model year 
vehicle), and 302 Flammability of Interior Materials (based on 
composition of upholstery).
    The petitioner also contends that 1992 through 1996 Mercedes-Benz 
Type 463 Long Wheel Base V-8 Gelaen MPVs are 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 on vehicles manufactured after 
September 1, 1993. 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.
    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 Standard 
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. The petitioner additionally submitted a 
letter from an engineering concern stating that in frontal impact 
tests, a vehicle equipped with a V-8 engine will yield driver and 
passenger HIC measurements that are equivalent to, or better than those 
of a vehicle equipped with a 6 cylinder engine. The letter attributes 
this primarily to the fact that a V-8 engine block is six inches 
shorter than a 6 cylinder engine block, providing a greater crush-zone 
and therefore a less severe crash pulse. The petitioner states that it 
intends to meet automatic restraint phase-in requirements for vehicles 
manufactured after September 1, 1995 by importing other vehicles 
equipped with passenger-side automatic restraints.
    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. 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: February 14, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-3811 Filed 2-20-96; 8:45 am]
BILLING CODE 4910-59-M