[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Notices]
[Pages 1485-1486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-602]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-106; Notice 2]
Decision That Nonconforming 1997 Mercedes-Benz Gelaendewagen Type
463 Multi-Purpose Passenger Vehicles Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Notice of decision by NHTSA that nonconforming 1997 Mercedes-
Benz Gelaendewagen Type 463 multi-purpose passenger vehicles (MPVs) are
eligible for importation.
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SUMMARY: This notice announces the decision by NHTSA that 1997
Mercedes-Benz Gelaendewagen Type 463 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 January 10, 1997.
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), 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, 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) 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.
[[Page 1486]]
Europa International, Inc. of Santa Fe, New Mexico (``Europa'')
(Registered Importer No. R-91-002) petitioned NHTSA to decide whether
1997 Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for
importation into the United States. NHTSA published notice of the
petition on October 9, 1996 (61 FR 52990) to afford an opportunity for
public comment. As described in the notice of the petition, Europa
claimed that the 1997 Mercedes-Benz Gelaendewagen Type 463 MPV has
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 visual inspection), 104
Windshield Wiping and Washing Systems (based on operation), 113 Hood
Latch Systems (based on information in owner's manual describing
operation of secondary latch mechanism), 116 Brake Fluids (based on
visual inspection of certification markings and information in owner's
manual describing fluids installed at factory), 119 New Pneumatic
Tires for Vehicles Other Than Passenger Cars (based on visual
inspection of certification markings), 124 Accelerator Control Systems
(based on operation and comparison to U.S.-certified vehicles), 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 prior model year vehicle with
same head restraint and certification of vehicle to European standard),
204 Steering Control Rearward Displacement (based on test film for
prior model year vehicle), 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 prior model year vehicle),
and 219 Windshield Zone Intrusion (based on test results and
certification information for prior model year vehicle).
The petitioner also contended that the 1997 Mercedes-Benz
Gelaendewagen Type 463 MPV is 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. 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. 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. 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 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 interior locking buttons on all door locks and
modification of rear door locks to disable latch release controls when
locking mechanism is engaged.
Standard No. 208 Occupant Crash Protection: (a) installation of
complying driver's and passenger's side air bag systems; (b)
installation of a seat belt warning system; (c) placement of an air bag
warning label on the visors of vehicles manufactured after November
1996. The petitioner stated that the vehicle will meet frontal impact
test requirements with structural modifications described in a
submission that has been granted confidentiality by NHTSA's Office of
Chief Counsel under 49 CFR Part 512.
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 certified that the
vehicle complies with this standard on the basis of tests performed to
the standard's requirements by an independent testing and engineering
laboratory.
Standard No. 212 Windshield Retention: application of cement to
the windshield's edges.
Standard No. 301 Fuel System Integrity: installation of a rollover
valve.
Standard No. 302 Flammability of Interior Materials: treatment of
fabric seating surfaces with a flame-proof spray.
The petitioner additionally stated that a vehicle identification
number (VIN) plate must be attached to the vehicle's dash so that it is
visible to an observer at the driver's side ``A'' pillar, as required
by 49 CFR Part 565. The petitioner also stated that a vehicle rollover
warning statement must be inserted in the owner's manual and on a
sticker affixed to the driver's side visor of short wheelbase
Gelaendewagens, as required by 49 CFR 575.105.
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-15 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 1997 Mercedes-Benz Gelaendewagen Type 463 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 January 6, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-602 Filed 1-9-97; 8:45 am]
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