[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Notices]
[Pages 7685-7686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3673]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5069]


Notice of Receipt of Petition for Decision That Nonconforming 
1994-1998 Mercedes-Benz C190 Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1994-1998 Mercedes-Benz C190 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 the 
1994-1998 Mercedes-Benz C190 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 March 18, 1999.

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 9 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

[[Page 7686]]

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.
    Champagne Imports of Lansdale, Pennsylvania (``Champagne'') 
(Registered Importer 90-009) has petitioned NHTSA to decide whether 
1994-1998 Mercedes-Benz C190 passenger cars are eligible for 
importation into the United States. The vehicle which Champagne 
believes is substantially similar is the 1994-1998 Mercedes-Benz C220 
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 1994-1998 
Mercedes-Benz C190 to the 1994-1998 Mercedes-Benz C220, and found the 
vehicles to be substantially similar with respect to compliance with 
most Federal motor vehicle safety standards.
    Champagne submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1994-1998 Mercedes-Benz C190, 
as originally manufactured, conforms to many Federal motor vehicle 
safety standards in the same manner as the 1994-1998 Mercedes-Benz 
C220, or is capable of being readily altered to conform to those 
standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1994-1998 Mercedes-Benz C190 is identical to the 1994-1998 Mercedes-
Benz C220 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 the non-U.S. certified 
1994-1998 Mercedes-Benz C190 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 a noncomplying 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 that 
incorporate headlamps with DOT markings; (b) installation of U.S.-model 
front and rear sidemarker/reflector assemblies; (c) installation of 
U.S.-model taillamp assemblies; (d) installation of a center high 
mounted stop lamp if the vehicle is not already so equipped.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: replacement of the passenger side 
rearview mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: installation of a warning buzzer 
microswitch in the steering lock assembly and a warning buzzer.
    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. 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 
already so equipped. The petitioner states that the vehicle is 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 at 
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.
    Petitioner states that requisite parts on the non-U.S. certified 
1994-1998 Mercedes-Benz C190 will be marked prior to importation to 
comply 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 Section, National Highway Traffic Safety 
Administration, Room 5109, 400 Seventh Street, S.W., 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: February 10, 1999.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 99-3673 Filed 2-12-99; 8:45 am]
BILLING CODE 4910-59-P