[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Notices]
[Pages 15482-15483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8310]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3661]


Notice of Receipt of Petition for Decision That Nonconforming 
1994-1998 Mercedes-Benz E320 Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for a decision that nonconforming 
1994-1998 Mercedes-Benz E320 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 1994-
1998 Mercedes-Benz E320 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 April 30, 1998.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh St., SW., Washington, DC 20590. [Docket hours are from 10 am to 
5 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. 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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'') 
(Registered Importer No. R-90-009) has petitioned NHTSA to decide 
whether 1994-1998 Mercedes-Benz E320 passenger cars are eligible for 
importation into the United States. The vehicles which Champagne 
believes are substantially similar are 1994-1998 Mercedes-Benz E320 
passenger cars that were manufactured for importation into and sale in 
the United States and that were certified by their manufacturer, 
Daimler-Benz, A.G., as conforming to all applicable Federal motor 
vehicle safety standards.
    The petitioner contends that it carefully compared non-U.S. 
certified 1994-1998 Mercedes-Benz E320 passenger cars to their U.S. 
certified counterparts, and found the vehicles to be substantially 
similar with respect to compliance with most applicable Federal motor 
vehicle safety standards.
    Champagne submitted information with its petition intended to 
demonstrate that non-U.S. certified 1994-1998 Mercedes-Benz E320 
passenger cars, as originally manufactured, conform to many Federal 
motor vehicle safety standards in the same manner as their U.S. 
certified counterparts, or are capable of being readily altered to 
conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 1994-
1998 Mercedes-Benz E320 passenger cars are identical to their U.S. 
certified counterparts with respect to compliance with Standard Nos. 
102 Transmission Shift Lever Sequence * * *., 103 Defrosting and 
Defogging Systems, 104 Windshield Wiping and Washing Systems, 105 
Hydraulic Brake Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 
Hood Latch Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 
201 Occupant Protection in Interior Impact, 202 Head Restraints, 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, 212 Windshield 
Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
and 302 Flammability of Interior Materials.
    Additionally, the petitioner states that non-U.S. certified 1994-
1998 Mercedes-Benz E320 passenger cars comply with the Bumper Standard 
found in 49 CFR Part 581 and the Theft Prevention Standard found in 49 
CFR Part 541.
    Petitioner also contends that the vehicles are 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) installation of a seat belt warning lamp that 
displays the appropriate symbol; (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 which 
incorporate headlamps with a DOT marking; (b) installation of U.S.-
model front and rear sidemarker/reflector assemblies; (c) installation 
of U.S.-model taillamp assemblies.
    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 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. 118 Power Window Systems: rewiring of the power window

[[Page 15483]]

system so that the window transport is inoperative when the ignition is 
switched off.
    Standard No. 208 Occupant Crash Protection: (a) installation of a 
U.S.-model seat belt in the driver's position, or a belt webbing-
actuated microswitch inside the driver's seat belt retractor; (b) 
installation of an ignition switch-actuated seat belt warning lamp and 
buzzer; (c) replacement of the driver's and passenger's side air bags 
and knee bolsters with U.S.-model components if the vehicle is not so 
equipped. The petitioner states that the vehicles are equipped with 
combination lap and shoulder restraints that adjust by means of an 
automatic retractor and release by means of a single push button at 
both front designated seating positions, with combination lap and 
shoulder restraints that release by means of a single push button at 
both rear outboard designated seating positions, and with a lap belt in 
the rear center designated seating position.
    Standard No. 214 Side Impact Protection: installation of 
reinforcing beams. NHTSA understands that Daimler Benz did not certify 
the 1994 Mercedes-Benz E320 as meeting the dynamic performance 
requirements of this standard, but that it did certify 1995 through 
1998 models as meeting those requirements.
    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.
    The petitioner also states that a vehicle identification number 
plate must be affixed to the vehicles to meet the requirements of 49 
CFR Part 565.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW, 
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: March 25, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-8310 Filed 3-30-98; 8:45 am]
BILLING CODE 4910-59-P