[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Pages 20708-20709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10113]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-7139; Notice 2]


Decision that Nonconforming 1999-2000 Mercedes Benz Gelaendewagen 
Multi-Purpose Passenger Vehicles are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1999-2000 
Mercedes Benz Gelaendewagen multi-purpose passenger vehicles (MPVs) are 
eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1999-2000 
Mercedes Benz Gelaendewagen MPVs not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards are eligible 
for importation into the United States because they have safety 
features that comply with, or are capable of being altered to comply 
with, all such standards.

DATES: This decision is effective as of the date of its publication in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. section 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. section 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. Where there is no 
substantially similar U.S.-certified motor vehicle, 49 U.S.C. section 
30141(a)(1)(B) permits a nonconforming motor vehicle to be admitted 
into the United States if its safety features comply with, or are 
capable of being altered to comply with, all applicable Federal motor 
vehicle safety standards based on destructive test data or such other 
evidence as NHTSA decides to be adequate.
    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 (formerly J.K. Motors) of Baltimore, Maryland 
(``J.K.'') (Registered Importer 90-006) petitioned NHTSA to decide 
whether 1999-2000 Mercedes Benz Gelaendewagen MPVs are eligible for 
importation into the United States. NHTSA published notice of the 
petition on July 19, 2000 (65 FR 44848) to afford an opportunity for 
public comment. The reader is referred to that notice for a thorough 
description of the petition.
    J.K. petitioned the agency to decide that the 1999-2000 Mercedes 
Benz Gelaendewagen is eligible for importation under 49 U.S.C. section 
30141(a)(1)(A) on the basis that those vehicles are substantially 
similar to motor vehicles of the same model year that were originally 
manufactured for importation into and sale in the United States and 
certified under 49 U.S.C. section 30115. The substantially similar 
motor vehicles identified in the petition were 1999-2000 Mercedes Benz 
Gelaendewagens that were manufactured for importation into, and sale 
in, the United States, and certified by Europa International, Inc. 
(``Europa''), as conforming to all applicable Federal motor vehicle 
safety standards prior to their importation into the United States.
    The notice of petition explained that in March 1998, Daimler Benz, 
A.G., as the company was then known, provided a letter of understanding 
to Europa under which Gelaendewagens manufactured in Graz, Austria, 
would be produced to Europa's specifications, and then shipped to a 
Mercedes facility in Germany for installation of additional electronic 
equipment (OBD II) needed to effect compliance with Federal emissions 
control requirements. DaimlerChrysler A.G. modified the letter of 
understanding in December 1999 to state that incomplete vehicles, for 
which it would make no representation of compliance, would be sent to 
the German facility for completion. At the end of either process, 
Europa certifies compliance

[[Page 20709]]

with all applicable Federal requirements of the Department of 
Transportation and the Environmental Protection Agency.
    The notice of petition stated that under these factual 
circumstances, Europa could be regarded as the ``manufacturer'' of the 
Gelaendewagens that it has certified to U.S. standards, permitting J.K. 
to petition for an eligibility determination on the basis that the 
Gelaendewagens it wishes to import are substantially similar to 
vehicles certified by their original manufacturer for sale in the 
United States.
    One comment was received in response to the notice of petition, 
from Europa, which described itself as the ``final stage manufacturer'' 
of 1999 and subsequent model year Gelaendewagens that it has imported 
into the United States. In this comment, Europa contended that J.K. did 
not establish in its petition that nonconforming 1999-2000 
Gelaendewagens are eligible for importation. Europa expressed 
disagreement with the petition's assertion that 1999-2000 
Gelaendewagens are identical to their U.S. certified counterparts with 
respect to all of the Federal motor vehicle safety standards identified 
in the notice of petition. Additionally, Europa stated that it performs 
a significant amount of work to conform Gelaendewagens to Standard Nos. 
108, Lamps, Reflective Devices, and Associated Equipment, and 208, 
Occupant Crash Protection. In apparent reference to the fact that J.K. 
had requested, and been granted confidentiality with respect the 
engineering modifications it planned to make to conform the vehicles to 
those standards, Europa observed that in the absence of information on 
those modifications, it could reach no decision on whether they would 
achieve the intended result.
    After receiving this comment, NHTSA requested Europa to state its 
objections with greater specificity. With this request, NHTSA informed 
Europa that the modifications that J.K. was proposing to conform 1999-
2000 Gelaendewagens to Standard Nos. 108 and 208 were identical to ones 
Europa had described in import eligibility petitions it had submitted 
on earlier models of the vehicle.
    Europa responded to NHTSA's request that it provide more specific 
comments on the petition. In this response, Europa observed that the 
petition incorrectly stated that the 1999-2000 Gelaendewagens were 
originally manufactured to conform to Standard Nos. 105, Hydraulic and 
Electric Brake Systems, 206, Door Locks and Door Retention Components, 
and 301, Fuel System Integrity. Europa stated that the vehicle was 
modified to meet those standards. In addition, Europa noted that the 
petition identified only one modification to conform the vehicles to 
Standard No. 111 Rearview Mirrors (adding warning text to the passenger 
side mirror), and contended that additional modifications, which it did 
not specify, were necessary to bring the vehicles into full compliance 
with that standard. Europa concluded its response by reiterating the 
belief that the petition does not establish that nonconforming 1999-
2000 Gelaendewagens are eligible for importation.
    NHTSA accorded J.K. an opportunity to respond to Europa's comments. 
In its response, J.K. stated that to achieve compliance with the 
marking requirements of Standard No. 105, it planned to replace the 
brake fluid reservoir cap on the nonconforming 1999-2000 Gelaendewagens 
with a U.S.-model cap on which the information required by the standard 
is embossed. J.K. further acknowledged that its petition failed to 
identify the modifications that are necessary to conform the vehicles 
to the rear door locking requirements of Standard No. 206. J.K. stated 
that it intends to partially disable the rear door lock mechanisms so 
that those locks conform to the standard.
    NHTSA furnished Europa with a copy of J.K.'s response and asked it 
to elaborate on its previous comments and identify any additional 
modifications necessary to conform 1999-2000 Gelaendewagens to Standard 
Nos. 105, 111, 206, and 301. Europa responded by stating that it had no 
additional comments to make with regard to the petition.
    J.K. subsequently informed NHTSA that it wished to change the basis 
for its petition from 49 U.S.C. section 30141(a)(1)(A) to 49 U.S.C. 
section 30141(a)(1)(B). As such, the petition would no longer be 
grounded on the contention that the 1999-2000 Gelaendewagens that J.K. 
sought to import were substantially similar to the vehicles of the same 
model and model years that had been certified by Europa as conforming 
to all applicable Federal motor vehicle safety standards prior to their 
importation into the United States. Instead, J.K. elected to proceed on 
the basis that the 1999-2000 Gelaendewagens that it sought to import 
have safety features that comply with, or are capable of being altered 
to comply with, all applicable Federal motor vehicle safety standards. 
J.K. supplied NHTSA with documentation demonstrating that the 
modifications it plans to make to 1999-2000 Gelaendewagens are 
identical to those identified by Europa in its import eligibility 
petition for the 1998 model year Gelaendewagen, which was granted by 
the agency.
    In view of these developments, NHTSA has decided to grant the 
petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VCP-18 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1999-2000 Mercedes Benz Gelaendewagen MPVs are eligible for 
importation into the United States because they have safety features 
that comply with, or are capable of being altered to comply with, all 
applicable Federal motor vehicle safety standards.

    Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: April 18, 2001.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 01-10113 Filed 4-23-01; 8:45 am]
BILLING CODE 4910-59-P