[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Notices]
[Pages 15864-15865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8758]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-36; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1990 Through 1996 Mercedes-Benz Type 463 Short Wheel Base 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 1990 through 1996 Mercedes-Benz Type 463 Short Wheel Base 
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 1990 through 1996 Mercedes-Benz Type 463 Short Wheel Base 
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 May 9, 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. 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. 
Sec. 30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act, 
15 U.S.C. Sec. 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 1990 
through 1996 Mercedes-Benz Type 463 Short Wheel Base 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 1990 through 1996 
Mercedes-Benz Type 463 Short Wheel Base 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 and information 
in owner's manual describing operation of the system), 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 vendor certification and 
information in owner's manual describing fluids installed at factory as 
``DOT 4 plus''), 119 New Pneumatic Tires for Vehicles other than 
Passenger Cars (based on visual inspection of certification markings), 
124 Accelerator Control Systems (based on inspection revealing two 
accelerator return springs), 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, certification of vehicle to 
European standard, and head restraint measurements), 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 
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 and treatment of 
fabric with flameproof spray).
    The petitioner also contends that 1990 through 1996 Mercedes-Benz 
Type 463 Short Wheel Base V-8 Gelaendewagen 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

[[Page 15865]]
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. The petitioner states that the 
vehicle's parking brake was tested and met the requirements of the 
standard.
    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 Standards 
Association and the Rim Association of Australia.
    Standard No. 206 Door Locks and Door Retention Components: 
installation of a push-pull locking mechanism on all door locks.
    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 no difference in 
occupant restraint characteristics would be anticipated between the 
Short Wheel Base Gelaendewagen and the Long Wheel Base models that 
NHTSA has previously decided to be eligible for importation. This 
representation is based on the observation that the only structural 
differences in the two vehicles are found well behind the frontal crush 
zone, and that no structural deformation occurs in that area. The 
letter further states that the Short Wheel Base Gelaendewagen is 297 
pounds lighter that the Long Wheel Base model, representing a weight 
difference of less 5 percent. The letter states that this weight 
difference would not be expected to cause performance variation in 
Standard 208 crash tests. 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 submitted a letter from 
an engineering concern describing tests performed on a Gelaendewagen to 
the requirements of this standard. Based on the results of these tests, 
the petitioner asserts that the vehicle complies with the standard.
    Standard No. 212 Windshield Retention: application of cement to the 
windshield's edges. The petitioner asserts that the vehicle complies 
with the standard based on test results for a Gelaendewagen that NHTSA 
previously decided to be eligible for importation.
    Standard No. 301 Fuel System Integrity: installation of a rollover 
valve. The petitioner asserts that the vehicle complies with the 
standard based on test results for a Gelaendewagen that NHTSA 
previously decided to be eligible for importation.
    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 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: April 3, 1996.
Marilynne Jacobs,
Director Office of Vehicle Safety Compliance.
[FR Doc. 96-8758 Filed 4-8-96; 8:45 am]
BILLING CODE 4910-59-P