[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Notices]
[Pages 29788-29789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14938]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-060; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1993 Mercedes-Benz 280E and 1994-1996 Mercedes-Benz E280 Passenger Cars 
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1993 Mercedes-Benz 280E and 1994-1996 Mercedes-Benz E280 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 1993 
Mercedes-Benz 280E and 1994-1996 Mercedes-Benz E280 passenger cars that 
were not originally manufactured to comply with all applicable Federal 
motor vehicle safety standards are eligible for importation into the 
United States because (1) they are substantially similar to vehicles 
that were originally manufactured for importation into and sale in the 
United States and that were certified by their manufacturer as 
complying with the safety standards, and (2) they are capable of being 
readily altered to conform to the standards.

DATES: The closing date for comments on the petition is July 12, 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. 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 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.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer No. R-90-007) has petitioned NHTSA to decide 
whether 1993 Mercedes-Benz 280E and 1994-1996 Mercedes-Benz E280 
passenger cars are eligible for importation into the United States. The 
vehicles which G&K believes are substantially similar are the 1993 
Mercedes-Benz 300E and 1994- 1996 Mercedes-Benz E320. G&K has submitted 
information indicating that Daimler Benz, A.G., the company that 
manufactured the 1993 Mercedes-Benz 300E and 1994-1996 Mercedes- Benz 
E320, certified those vehicles as conforming to all applicable Federal 
motor vehicle safety standards and offered them for sale in the United 
States.
    The petitioner contends that it carefully compared the 1993 
Mercedes-Benz 280E and 1994-1996 Mercedes-Benz E280 to the 1993 
Mercedes-Benz 300E and 1994-1996 Mercedes-Benz E320, and found those 
vehicles 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 1993 Mercedes-Benz 280E and 1994-1996 Mercedes-Benz E280, as 
originally manufactured, conform to many Federal motor vehicle safety 
standards in the same manner as the 1993 Mercedes-Benz 300E and 1994-
1996 Mercedes-Benz E320 that were offered for sale in the United 
States, or are capable of being readily altered to conform to those 
standards.
    Specifically, the petitioner claims that the 1993 Mercedes- Benz 
280E and 1994-1996 Mercedes-Benz E280 are identical to the certified 
1993 Mercedes-Benz 300E and 1994-1996 Mercedes-Benz E320 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.

[[Page 29789]]

    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, with a U.S.-model component.
    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 and 
passenger's side air bag and knee bolsters. The petitioner further 
states that the vehicle is equipped with Type 2 seat belts in the front 
and rear outboard designated seating positions, and with a Type 1 seat 
belt in the rear center designated seating position.
    Standard No. 214  Side Impact Protection: installation of door 
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.
    Additionally, the petitioner states that the bumpers on the 1993 
Mercedes-Benz 280E and 1994-1996 Mercedes-Benz E280 must be reinforced 
to comply with the Bumper Standard found in 49 CFR Part 581.
    The petitioner further states that before the vehicle will be 
imported into the United States, its VIN will be inscribed on fourteen 
major car parts, and a theft prevention certification label will be 
affixed, in compliance with the Theft Prevention Standard 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: June 4, 1996.
Clive Van Orden,
Chief of Equipment and Imports Division, Office of Vehicle Safety 
Compliance.
[FR Doc. 96-14938 Filed 6-11-96; 8:45 am]
BILLING CODE 4910-59-P