[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Notices]
[Pages 3777-3778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1861]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-9707; Notice 2]


Decision That Nonconforming Model Years 1999, 2000, and 2001 
Mercedes Benz CL500 and CL600 PassengerCars Are Eligible for 
Importation

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

ACTION: Notice of decision by NHTSA that nonconforming model years 
(``MY'') 1999, 2000, and 2001 Mercedes Benz CL500 and CL600 passenger 
cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that MY 1999, 
2000, and 2001 Mercedes Benz CL500 and CL600 passenger cars not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards are eligible for importation into the United 
States because they are substantially similar to vehicles originally 
manufactured for sale in the United States and certified by their 
manufacturer as complying with the safety standards (the U.S. certified 
version of the MY 1999, 2000, and 2001 Mercedes Benz CL500 and CL600 
passenger cars), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective as of January 25, 2002.

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 (``FMVSS'') 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 FMVSS.
    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, MD, (``J.K.'') (Registered 
Importer 90-006) petitioned NHTSA to decide whether MY 1999, 2000, and 
2001 Mercedes Benz CL500 and CL600 passenger cars are eligible for 
importation into the United States. NHTSA published notice of the 
petition on June 12, 2001 (66 FR 31749) to afford an opportunity for 
public comment. The reader is referred to that notice for a thorough 
description of the petition.
    One comment was received in response to the notice of the petition, 
from Mercedes Benz USA, Inc., (``Mercedes''), the manufacturer of MY 
1999, 2000, and 2001 Mercedes Benz CL500 and CL600 passenger cars. In 
this comment, Mercedes stated that, for the vehicles in question, the 
symbols found on the European version of the cruise control lever on 
the steering column have to be changed to words to satisfy FMVSS 101 
Controls and Displays. Mercedes also noted that, under FMVSS 206 Door 
Locks and door retention components, the inside door locks for the 
European versions of the MY 1999, 2000, and 2001 Mercedes Benz CL500 
and CL600 passenger cars are not identical to the versions originally 
manufactured for importation into and sale in the United States. The 
European versions of the MY 1999, 2000, and 2001 Mercedes Benz CL500 
and CL600 passenger cars have cylindrical interior door lock push 
buttons that submerge into the door panel when in the ``lock'' 
position, but the U.S. versions have mushroom shaped push buttons.
    NHTSA accorded J.K. an opportunity to respond to Mercedes' 
comments. J.K. stated that for FMVSS 101 and FMVSS 206, it would 
replace the cruise control lever and the door lock push buttons, 
respectively, with the correct U.S. part numbers in the MY 1999, 2000, 
and 2001 Mercedes Benz CL500 and CL600 passenger cars that are the 
subject of its petition.
    In view of Mercedes' comments and J.K.''s response, NHTSA has 
decided to grant import eligibility to the MY 1999, 2000, and 2001 
Mercedes Benz CL500 and CL600 passenger cars.

[[Page 3778]]

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. 
VSP-370 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 MY 1999, 2000, and 2001 Mercedes Benz CL500 and CL600 passenger 
cars that were not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards are substantially 
similar to MY 1999, 2000, and 2001 Mercedes Benz CL500 and CL600 
passenger cars originally manufactured for importation into and sale in 
the United States and certified under 49 U.S.C. 30115, and are capable 
of being readily altered to conform to all applicable Federal motor 
vehicle safety standards.

    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: January 22, 2002.
Harry Thompson,
Acting Director, Office of Vehicle Safety, Compliance.
[FR Doc. 02-1861 Filed 1-24-02; 8:45 am]
BILLING CODE 4910-59-P