[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Notices]
[Pages 36740-36741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17165]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5913]


Receipt of Petition for Decision that Nonconforming 1993 
Mercedes-Benz 320CE Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Notice of receipt of petition for decision that nonconforming 
1993 Mercedes-Benz 320CE passenger cars are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
1993 Mercedes-Benz 320CE 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 August 6, 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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to 
decide whether 1993 Mercedes-Benz 320CE passenger cars are eligible for 
importation into the United States. The vehicles which Wallace believes 
are substantially similar are 1993 Mercedes-Benz 300CE 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 the 1993 Mercedes-
Benz 320CE to the 1993 Mercedes-Benz 300CE, 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 1993 Mercedes-Benz 320CE, as originally 
manufactured, conforms to many Federal motor vehicle safety standards 
in the same manner as the 1993 Mercedes-Benz 300CE, or is capable of 
being readily altered to conform to those standards.
    Specifically, the petitioner claims that the 1993 Mercedes-Benz 
320CE is identical to the 1993 Mercedes-Benz 300CE 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, 118 Power 
Window Systems, 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 1993 Mercedes-Benz 
320CE 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) replacement of the speedometer/odometer with one 
calibrated in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlight and front 
sidemarker assemblies; (b) installation of U.S.-model taillight lenses; 
(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 in the passenger side rearview mirror.
    Standard No. 114 Theft Protection: Installation of a warning buzzer 
and a warning buzzer microswitch in the steering lock assembly.
    Standard No. 208 Occupant Crash Protection: (a) Replacement of the 
driver's seat belt latch and installation of a safety belt warning 
system that conforms to the standard; (b) replacement of the driver's 
and passenger's side air and knee bolster with U.S.-model components on 
vehicles that are not already so equipped. The petitioner states that 
the vehicles are equipped with Type II seat belts at the front and rear 
outboard designated seating positions, and with a lap belt at the rear 
center designated seating position.

[[Page 36741]]

    Standard No. 214 Side Impact Protection: Installation of 
reinforcing door 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 cannister.
    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 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 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: July 1, 1999.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 99-17165 Filed 7-6-99; 8:45 am]
BILLING CODE 4910-59-P