[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Notices]
[Pages 27616-27617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13250]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3851]


Notice of Receipt of Petition for Decision that Nonconforming 
1995 Mercedes-Benz C280 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1995 Mercedes-Benz C280 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 a 1995 
Mercedes-Benz C280 that was not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards is eligible for 
importation into the United States because (1) it is substantially 
similar to a vehicle that was originally manufactured for importation 
into and sale in the United States and that was certified by its 
manufacturer as complying with the safety standards, and (2) it is 
capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is June 18, 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), 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.
    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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to 
decide whether 1995 Mercedes-Benz C280 passenger cars are eligible for 
importation into the United States. The vehicle which Wallace believes 
is substantially similar is the 1995 Mercedes-Benz C280 that was 
manufactured for importation into, and sale in, the United States and 
certified by its manufacturer, Daimler Benz, A.G., as conforming to all 
applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared the non-U.S. 
certified 1995 Mercedes-Benz C280 to its U.S. certified counterpart, 
and found the two vehicles to be substantially similar with respect to 
compliance with most Federal motor vehicle safety standards.
    Wallace submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1995 Mercedes-Benz C280, as 
originally manufactured, conforms to many Federal motor vehicle safety 
standards in the same manner as its U.S. certified counterpart, or is 
capable of being readily altered to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1995 Mercedes-Benz C280 is identical to its U.S. certified counterpart 
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, 109  

[[Page 27617]]

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, 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 the non-U.S. certified 
1995 Mercedes-Benz C280 complies with the Bumper Standard found in 49 
CFR Part 581.
    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) recalibration of the speedometer/odometer from 
kilometers to miles per hour or its replacement with one already so 
calibrated.
    Standard No. 108  Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlights and turn signal 
lenses; (b) installation of U.S.-model taillight lenses and side 
markers; (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 Mirror: inscription of the required 
warning statement on the passenger side rearview mirror.
    Standard No. 114  Theft Protection: installation of a warning 
buzzer in the steering lock assembly. The petitioner states that the 
vehicle is already equipped with a warning buzzer microswitch.
    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. 206  Door Locks and Door Retention Components: (a) 
replacement of the rear door lock buttons; (b) modification of the door 
lock assemblies so that the doors do not open when the locking 
mechanism is engaged and the door release handle is pulled.
    Standard No. 208  Occupant Crash Protection: (a) installation of a 
safety belt warning system through replacement of the driver's seat 
belt latch and the addition of a seat belt warning buzzer; (b) 
replacement of the driver's and passenger's side air bags and knee 
bolsters with U.S.-model components on vehicles that are not already so 
equipped. The petitioner states that the vehicle is equipped with Type 
II at both front and 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.
    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 all vehicles will be 
inspected prior to importation to assure compliance with the Theft 
Prevention Standard found in 49 CFR Part 541.
    The petitioner also states that a vehicle identification number 
plate must be affixed to the vehicle 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. [Docket hours are from 10 am to 5 pm]. 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: May 14, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-13250 Filed 5-18-98; 8:45 am]
BILLING CODE 4910-59-P