[Federal Register Volume 66, Number 148 (Wednesday, August 1, 2001)]
[Notices]
[Pages 39823-39825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19187]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-10175]


Notice of Receipt of Petition for Decision That Nonconforming 
2001 Mercedes-Benz Gelaendewagen Multi-Purpose Passenger Vehicles Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2001 Mercedes-Benz Gelaendewagen multi-purpose passenger vehicles 
(MPVs) are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2001 Mercedes-Benz Gelaendewagen MPVs that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are eligible for importation into the United States because 
they are capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is August 31, 
2001.

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.
    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable Federal motor 
vehicle safety

[[Page 39824]]

standards may also be granted admission into the United States, even if 
there is no substantially similar motor vehicle of the same model year 
originally manufactured for importation into and sale in United States, 
if the safety features of the vehicle comply with or are capable of 
being altered to comply with those standards based on destructive test 
information or other evidence that NHTSA decides is 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. Motors of Baltimore, Maryland (``J.K.'')(Registered Importer 
90-006) has petitioned NHTSA to decide whether 2001 Mercedes-Benz 
Gelaendewagen MPVs are eligible for importation into the United States. 
J.K. believes that these vehicles can easily be made to conform to all 
applicable Federal motor vehicle safety standards (FMVSS).
    NHTSA previously approved a request for substantially similar 
vehicles(66 FR 20708). However, that import eligibility determination 
was for 1999-2000 Mercedes-Benz Gelaendewagen MPVs (VCP-18) that were 
certified by Europa International, Inc. (``Europa''), as conforming to 
all applicable FMVSS, prior to their importation into the United 
States. While J.K. asserts that there are no substantial differences in 
the 2001 Mercedes-Benz Gelaendewagen MPVs, there is no certified 2001 
model year vehicle on which J.K. can rely under 49 U.S.C. 
30141(a)(1)(A).
    Therefore, J.K. must petition pursuant to 49 U.S.C. 30141(a)(1)(B). 
J.K. submitted information with its petition intended to demonstrate 
that non-U.S. certified 2001 Mercedes-Benz Gelaendewagen MPVs, as 
originally manufactured, conform to many applicable FMVSS and are 
capable of being readily altered to conform to any standards with which 
they do not conform.
    Specifically, the petitioner claims that non-U.S. certified 2001 
Mercedes-Benz Gelaendewagen MPVs are compliant 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, 113 Hood Latch Systems, 116 Brake Fluid, 119 
New Pneumatic Tires for Vehicles other than Passenger Cars, 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.
    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. The entire instrument cluster will be 
changed or reprogrammed to bring it into conformity with U.S. standards
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps and front 
sidemarker lamps; (b) modification of U.S.-model taillamp assemblies 
[as modified] and addition of U.S.-model marker light assemblies; (c) 
installation of a U.S.-model high mounted stop lamp assembly.
    Standard No. 111 Rearview Mirror: replacement of the passenger side 
rearview mirror with a U.S.--model component etched with the 
appropriate warning statement.
    Standard No. 114 Theft Protection: installation of a warning buzzer 
and a warning buzzer microswitch in the steering lock assembly on 
vehicles that are not already so equipped.
    Standard No. 118 Power Window Systems: installation, on vehicles 
that are not already so equipped, of a relay in the power window system 
so that the windows will not operate when the ignition is switched off.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles other 
than Passenger Cars: installation of a tire information placard.
    Standard No. 208 Occupant Crash Protection: (a) installation of a 
seat belt warning buzzer, wired to the driver's seat belt latch; (b) 
inspection of all vehicles imported and replacement of the air bags, 
control units, sensors, and seat belts with U.S.--model components on 
vehicles that are not already so equipped. The petitioner states that 
the vehicles are equipped with driver's and passenger's side air bags 
and knee bolsters, with combination lap and shoulder belts that are 
self-tensioning and that release by means of a single red push button 
at the front and rear outboard seating positions, and with a lap belt 
at the rear center seating position.
    Standard No. 214 Side Impact Protection: Inspection of doorbars and 
installation of doorbars in vehicles that are not already so equipped.
    Before submitting its request, the petitioner asked on July 2, 
1999, for a determination of confidentiality regarding certain 
modifications it planned to make in conforming the vehicle to FMVSS No. 
108 and 208. The petitioner asserted that the engineering modifications 
necessary for testing were substantial and considered proprietary due 
to the expense of development, and that the information could result in 
substantial competitive harm if disclosed. The agency granted the 
petitioner's request on September 1, 1999. Accordingly, the petition 
that was filed on April 4, 2000, and that is available to the public 
states, with respect to FMVSS No. 108 that the modifications to the 
taillamp assemblies have been previously granted confidentiality. With 
respect to FMVSS No. 208, the petition states that ``This vehicle will 
meet frontal impact test requirements with structural modifications 
described in a submission that has been granted confidentiality by 
NHTSA's Office of Chief Counsel under 49 CFR 512.''
    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

[[Page 39825]]

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 27, 2001.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 01-19187 Filed 7-31-01; 8:45 am]
BILLING CODE 4910-59-P