[Federal Register Volume 65, Number 90 (Tuesday, May 9, 2000)]
[Notices]
[Pages 26873-26875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11486]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Docket No. NHTSA-2000-7225


Notice of Receipt of Petition for Decision That Nonconforming 
1995-1998 Mercedes-Benz S Class Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1995-1998 Mercedes-Benz S Class 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 
1995-1998 Mercedes-Benz S Class passenger cars that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are eligible for importation into the United

[[Page 26874]]

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 June 8, 2000.

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. Sec. 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. Sec. 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. Technologies, LLC. of Baltimore, Maryland 
(``J.K.'')(Registered Importer 90-006) has petitioned NHTSA to decide 
whether 1995-1998 Mercedes-Benz S Class passenger cars are eligible for 
importation into the United States. The vehicles which J.K. believes 
are substantially similar are 1995-1998 Mercedes-Benz S Class passenger 
cars that were manufactured for importation into, and sale in, the 
United States and certified by their manufacturer as conforming to all 
applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
1995-1998 Mercedes-Benz S Class 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 1995-1998 Mercedes-Benz S Class 
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-
1998 Mercedes-Benz S Class 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, 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, 301  Fuel System Integrity, and 302  Flammability of 
Interior Materials.
    Additionally, the petitioner states that non-U.S. certified 1995-
1998 Mercedes-Benz S Class 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: (a) substitution of a lens 
marked ``Brake'' for a lens with a noncomplying symbol on the brake 
failure indicator lamp; (b) replacement of the speedometer with one 
calibrated in miles per hour.
    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 center high mounted stop lamp assembly.
    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. 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.
    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.


[[Page 26875]]


    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: May 3, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 00-11486 Filed 5-8-00; 8:45 am]
BILLING CODE 4910-59-P