[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Notices]
[Pages 44850-44851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18247]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-7555]


Notice of Receipt of Petition for Decision That Nonconforming 
1991-1995 Mercedes-Benz E Series Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1991-1995 Mercedes-Benz E Series 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 
1991-1995 Mercedes-Benz E Series 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.

DATE: The closing date for comments on the petition is August 18, 2000.

ADDRESS: 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 
(``WETL'')(Registered Importer 90-005) has petitioned NHTSA to decide 
whether 1991-1995 Mercedes-Benz E Series passenger cars are eligible 
for importation into the United States. The vehicles which WETL 
believes are substantially similar are 1991-1995 Mercedes-Benz E Series 
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 
1991-1995 Mercedes-Benz E Series 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.
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified 1991-1995 Mercedes-Benz E Series 
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 1991-
1995 Mercedes-Benz E Series 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, 
and 302 Flammability of Interior Materials. 
    Additionally, the petitioner states that non-U.S. certified 1991-
1995 Mercedes-Benz E Series 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/odometer, 
which is calibrated in kilometers, with a component that conforms to 
the standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Replacement of the headlight and taillight lenses with 
lenses that conform to the standard; (b) 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. 118 Power Window Systems: Rewiring of the power window 
system so that the window transport mechanism is inoperative when the 
ignition is switched off.
    Standard No. 208 Occupant Crash Protection: (a) Replacement of the 
driver's seat belt latch and installation of a safety belt warning 
buzzer; (b) replacement of the driver's side air bag and knee bolster 
with U.S.-model components on 1991-1993 190E model

[[Page 44851]]

vehicles, replacement of the driver's side air bag and knee bolster 
with U.S.-model components on all other 1991-1992 E Series vehicles, 
and replacement of the driver's and passenger's side air bags and knee 
bolsters on 1993-1995 E Series vehicles. The petitioner states that the 
vehicles are equipped at the front and rear outboard seating positions 
with Type II seat belts, and with a lap belt in the rear center 
designated seating position.
    Standard No. 214 Side Impact Protection: Installation of 
reinforcing beams in the doors which comply with the standard.
    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.
    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.
    Additionally, the petitioner states that all vehicles will be 
inspected prior to importation to ensure that they are equipped with 
U.S.-model anti-theft devices, and that all vehicle that are not so 
equipped will be modified to comply with the Theft Prevention Standard 
at 49 CFR part 541.
    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 13, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 00-18247 Filed 7-18-00; 8:45 am]
BILLING CODE 4910-59-P