[Federal Register Volume 61, Number 58 (Monday, March 25, 1996)]
[Notices]
[Pages 12130-12132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7151]



-----------------------------------------------------------------------

[[Page 12131]]


DEPARTMENT OF TRANSPORTATION
[Docket No. 96-026; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1990 Mercedes-Benz 500SE 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 500SE passenger cars are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a decision that a 1990 
Mercedes-Benz 500SE 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 April 24, 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 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 Sec. 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.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer No. R-90-007) has petitioned NHTSA to decide 
whether 1990 Mercedes-Benz 500SE passenger cars are eligible for 
importation into the United States. The vehicle which G&K believes is 
substantially similar is the 1990 Mercedes-Benz 300SE. G&K has 
submitted information indicating that Daimler Benz A.G., the company 
that manufactured the 1990 Mercedes-Benz 300SE, 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 1990 
Mercedes-Benz 500SE to the 1990 Mercedes-Benz 300SE, and found the two 
models to be substantially similar with respect to compliance with most 
applicable Federal motor vehicle safety standards.
    G&K submitted information with its petition intended to demonstrate 
that the 1990 Mercedes-Benz 500SE, as originally manufactured, conforms 
to many Federal motor vehicle safety standards in the same manner as 
the 1990 Mercedes-Benz 300SE 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 1990 Mercedes- Benz 
500SE is identical to the certified 1990 Mercedes-Benz 300SE 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, 203 Impact 
Protection for the Driver From the Steering Control System, 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 302 Flammability of Interior 
Materials.
    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) placement of the appropriate symbol on the 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 headlamp assemblies and front 
sidemarkers; (b) installation of U.S.-model taillamp assemblies which 
incorporate rear sidemarkers; (c) installation of a high mounted stop 
lamp.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: replacement of the passenger 
side rear view mirror, which is convex, but lacks the required warning 
statement.
    Standard No. 114 Theft Protection: installation of a buzzer 
microswitch in the steering lock assembly, and a warning buzzer.
    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: installation of a seat 
belt warning buzzer. The petitioner states that the vehicle is equipped 
with an automatic restraint system consisting of a driver's side air 
bag and knee bolster, with Type 2 seat belts in its front and rear 
outboard seating positions, and with a Type 1 seat belt in the rear 
center seating position, and that all of these components are identical 
to those found on the U.S. certified 1990 Mercedes-Benz 300SE.
    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.

[[Page 12132]]

    Additionally, the petitioner states that the bumpers on the 1990 
Mercedes-Benz 500SE must be reinforced to comply with the Bumper 
Standard found in 49 CFR part 581.
    The petitioner also states that before any 1990 Mercedes-Benz 500SE 
may be imported, its 17 digit VIN must be inscribed on 14 major car 
parts and a theft prevention certification label must be installed to 
comply with the Theft Prevention Standard found in 49 CFR part 541.
    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 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: March 20, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-7151 Filed 3-22-96; 8:45 am]
BILLING CODE 4910-59-P