[Federal Register Volume 67, Number 106 (Monday, June 3, 2002)]
[Notices]
[Pages 38314-38315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13816]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-12316]


Notice of Receipt of Petition for Decision That Nonconforming 
1999-2002 Mercedes Benz S Class (W220) Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1999-2002 Mercedes Benz S Class (W220) 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 
1999-2002 Mercedes Benz S Class (W220) 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.

DATES: The closing date for comments on the petition is July 3, 2002.

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. [sect] 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.
    Automobile Concepts, Inc. of North Miami, Florida (``AMC'') 
(Registered Importer 01-278) has petitioned NHTSA to decide whether 
1999-2002 Mercedes Benz S Class (W220) passenger cars are eligible for 
importation into the United States. The vehicles which AMC identified 
as substantially similar are ``1999-2002 Mercedes Benz S Class (W220)'' 
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.
    After reviewing the petition, the agency discovered that it had 
already decided that the 1999 model year Mercedes Benz S Class sold in 
the United States was eligible for importation (VSP 325). The next 
generation S Class, the W220, entered production during the latter part 
of 1998. The manufacturer informed us that, beginning in February 1999, 
it began to import into the United States the W220 as a 2000 model year 
vehicle. While W220s contemporaneously produced for other markets may 
have been denominated as 1999 models, the manufacturer appears to have 
chosen the model year 2000 for U.S. models for marketing reasons alone. 
This means that it is proper to compare a W220 which may have been 
denominated a 1999 model outside the United States with a W220 
certified for the U.S. market as a 2000 model year vehicle. If the 
agency finds the W220 eligible for importation, the decision will cover 
1999-2002 vehicles as petitioned for, and identify them as W220s.
    The petitioner claims that it carefully compared non-U.S. certified 
1999-2002 Mercedes Benz S Class (W220) 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.
    AMC submitted information with its petition intended to demonstrate 
that non-U.S. certified 1999-2002 Mercedes Benz S Class (W220) 
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 1999-
2002 Mercedes Benz S Class (W220) 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, 
135 Passenger Car Brake Systems, 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, 219 Windshield Zone Intrusion, 301 Fuel System Integrity, 
and 302 Flammability of Interior Materials.
    In addition, the petitioner claims that the vehicles comply with 
the Bumper Standard found in 49 CFR Part 581.
    The 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) Inscription of the word 
``brake'' on the dash in place of the international ECE warning symbol; 
(b) recalibration of the speedometer to read in miles per hour and 
inscription of the letters ``MPH'' on the speedometer face, or 
replacement of the entire instrument cluster with the U.S.-model 
component.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps; (b) installation 
of U.S.-model side markers; (c) installation of U.S.-model tail lamp 
assemblies which incorporate rear sidemarker lights; (d) installation 
of a U.S.-model high mounted stop light assembly if the vehicle is not 
already so equipped.
    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, or inscription of the 
required warning statement on that mirror.

[[Page 38315]]

    Standard No. 114 Theft Protection: activation of the warning 
buzzer.
    Standard No. 118 Power Window Systems: reprogramming of the power 
window system so that the windows will not operate with the ignition 
off.
    Standard No. 201 Occupant Protection in Interior Impact: inspection 
of each vehicle to ensure that appropriate components have been 
installed to meet the requirements of the standard, and replacement of 
any component that is not a U.S.-model part. The petitioner states that 
the manufacturer has identified the vehicle as meeting the upper 
interior head impact requirements of the standard.
    Standard No. 208 Occupant Crash Protection: (a) Activation of the 
seat belt warning buzzer by reprogramming the unit; (b) inspection of 
all vehicles and replacement of the driver's and passenger's side air 
bags, control units, sensors, and seat belts with U.S.-model components 
on vehicles that are not already so equipped. Petitioner states that 
the front and rear outboard designated seating positions have 
combination lap and shoulder belts that are self-tensioning and that 
release by means of a single red pushbutton. Petitioner further states 
that the vehicles are equipped with a seat belt warning lamp that is 
identical to the lamp installed on U.S.-certified models.
    Standard No. 214 Side Impact Protection: inspection of all vehicles 
to ensure that they are equipped with door bars identical to those in 
the U.S. certified model and installation of those components on 
vehicles that are not already so equipped.
    The petitioner states that a vehicle identification plate must be 
affixed to the vehicles 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.

    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 29, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-13816 Filed 5-31-02; 8:45 am]
BILLING CODE 4910-59-P