[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