[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31217-31219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15526]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-36; Notice 2]


Decision That Nonconforming 1990-1996 Mercedes-Benz Type 463 
Short Wheel Base Gelaendewagen Multi-Purpose Passenger Vehicles are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1990-1996 
Mercedes-Benz Type 463 Short Wheel Base Gelaendewagen multi-purpose 
passenger vehicles (MPVs) are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1990-1996 
Mercedes-Benz Type 463 Short Wheel Base Gelaendewagen MPVs 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 decision is effective as of June 19, 1996.

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. 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. 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 determination 
in the Federal Register.
    Europa International, Inc. of Santa Fe, New Mexico (``Europa'') 
(Registered Importer No. R-91-002) petitioned NHTSA to decide whether 
1990-1996 Mercedes-Benz Type 463 Short Wheel Base Gelaendewagen MPVs 
are eligible for importation into the United States. NHTSA published 
notice of the petition on April 9, 1996 (61 FR 15864) to afford an 
opportunity for public comment. As described in the notice of the 
petition, Europa claimed that 1990-1996 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 contended 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 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 asserted 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

[[Page 31219]]

placard. The petitioner asserted 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 asserted 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 was 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 stated 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 stated that this weight 
difference would not be expected to cause performance variation in 
Standard 208 crash tests. The petitioner stated 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 asserted that the vehicle complies with the standard.
    Standard No. 212 Windshield Retention: application of cement to the 
windshield's edges. The petitioner asserted 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 asserted that the vehicle complies with the 
standard based on test results for a Gelaendewagen that NHTSA 
previously decided to be eligible for importation.
    No comments were received in response to the notice of the 
petition. Based on its review of the information submitted by the 
petitioner, NHTSA has decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final determination 
must indicate on the form HS-7 accompanying entry the appropriate 
vehicle eligibility number indicating that the vehicle is eligible for 
entry. VCP-14 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1990-1996 Mercedes-Benz Type 463 Short Wheel Base Gelaendewagen 
MPVs 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 applicable Federal motor vehicle safety standards.

    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 June 13, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-15526 Filed 6-18-96; 8:45 am]
BILLING CODE 4910-59-P