[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Notices]
[Pages 18477-18478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9330]



[[Page 18477]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5495]


Notice of Receipt of Petition for Decision That Nonconforming 
1995-1997 Mercedes-Benz E500 Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1995-1997 Mercedes-Benz E500 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 1995-
1997 Mercedes-Benz E500 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 May 14, 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 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.
    J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer 
90-006) has petitioned NHTSA to decide whether 1995-1997 Mercedes-Benz 
E500 passenger cars are eligible for importation into the United 
States. The vehicles which J.K. believes are substantially similar are 
1995-1997 Mercedes-Benz E500 passenger cars that were manufactured for 
importation into, and sale in, the United States and certified by their 
manufacturer, Daimler Benz, A.G., as conforming to all applicable 
Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
1995-1997 Mercedes-Benz E500 passenger cars to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most Federal motor vehicle safety standards.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 1995-1997 Mercedes-Benz E500 
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 1995-
1997 Mercedes-Benz E500 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, 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 1995-
1997 Mercedes-Benz E500 passenger cars comply with the Bumper Standard 
found in 49 CFR Part 581.
    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: replacement of the entire 
instrument cluster with a U.S.-model component that includes a 
speedometer/odometer calibrated in miles per hour and other U.S.-model 
gauges.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamps and front 
sidemarker lamps; (b) installation of U.S.-model taillamp assemblies 
which incorporate rear sidemarker lights; (c) installation of a U.S.-
model high mounted stop lamp.
    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 
and a warning buzzer microswitch in the steering lock assembly.
    Standard No. 118 Power Window Systems: installation of a relay in 
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: 
replacement of the rear door locks and rear door lock buttons with 
U.S.-model components.
    Standard No. 208 Occupant Crash Protection: (a) installation of a 
safety belt warning buzzer, wired to the driver's seat belt latch; (b) 
replacement of the driver's and passenger's side air bags, control 
units, sensors, seat belts and knee bolsters with U.S.-model components 
on vehicles that are not already so equipped. The petitioner states 
that the vehicles are equipped at the front and rear outboard seating 
positions with combination lap and shoulder belts that are self 
tensioning and capable of being released by means of a single red push-
button, and with a lap belt in the rear center designated seating 
position.
    Standard No. 214 Side Impact Protection: installation of U.S.-model 
doorbars in vehicles that are not already so equipped.
    301 Fuel System Integrity: inspection of all vehicles to ensure 
that they are

[[Page 18478]]

equipped with a rollover and check valve that complies with the 
standard.
    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, and that anti-theft 
devices that meet the standard will be installed on all vehicles that 
are not already so equipped.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicle near the left windshield post and a reference 
and certification label must be affixed in the area of the left front 
door post 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 9 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 on: April 9, 1999.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 99-9330 Filed 4-13-99; 8:45 am]
BILLING CODE 4910-59-P