[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Notices]
[Pages 27118-27120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13014]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3810]


Notice of Receipt of Petition for Decision That Nonconforming 
1998 Mercedes-Benz Gelaendewagen, Type 463, Multi-Purpose Passenger 
Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for comments on petition for decision that 
nonconforming 1998 Mercedes-Benz Gelaendewagen Type 463 multi-purpose 
passenger vehicles (MPVs) are eligible for importation.

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SUMMARY: This notice requests comments on a petition submitted to the 
National Highway Traffic Safety Administration (NHTSA) for a decision 
that a 1998 Mercedes-Benz Gelaendewagen Type 463 MPV that was not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards is eligible for importation into the United 
States because it has safety features that comply with, or are capable 
of being altered to comply with, all such standards.

DATE: The closing date for comments on the petition is June 15, 1998.

ADDRESS: 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), 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)

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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 decision in 
the Federal Register.
    Europa International, Inc. of Santa Fe, New Mexico (Registered 
Importer No. R-91-002) has petitioned NHTSA to decide whether 1998 
Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for importation 
into the United States. Europa contends that this vehicle is eligible 
for importation under 49 U.S.C. Sec. 30141(a)(1)(B) because it has 
safety features that comply with, or are capable of being altered to 
comply with, all applicable Federal motor vehicle safety standards.
    Specifically, the petitioner claims that the 1998 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), 106 Brake Hoses (based on visual inspection of 
certification markings), 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 contends that the 1998 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. 105 Hydraulic Brake Systems: (a) installation of a 
warning label on the brake fluid reservoir cap; (b) installation of a 
brake warning indicator lamp.
    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 asserts 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 asserts 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 states 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 certifies 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. The petitioner further claims to have verified that the gas tank 
on a prior model year vehicle was completely protected within large 
frame members.
    Standard No. 302 Flammability of Interior Materials: treatment of 
fabric seating surfaces with a flame-proof spray. The petitioner 
additionally states 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 states 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.
    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

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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 will be published in the Federal 
Register pursuant to the authority indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on May 11, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-13014 Filed 5-14-98; 8:45 am]
BILLING CODE 4910-59-P