[Federal Register Volume 67, Number 219 (Wednesday, November 13, 2002)]
[Notices]
[Pages 68908-68909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28822]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-11846; Notice 2]


Decision That Nonconforming 2001-2002 Mercedes Benz SL (R230 
Body) Passenger Cars Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 2001-2002 
Mercedes Benz SL (R230 Body) passenger cars are eligible for 
importation.

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

SUMMARY: This notice announces the decision by NHTSA that 2001-2002 
Mercedes Benz SL (R230 Body) 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 have 
safety features that comply with, or are capable of being altered to 
comply with, all applicable Federal motor vehicle safety standards.

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

FOR FURTHER INFORMATION CONTACT: Luke Loy, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5308).

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.
    Where there is no substantially similar U.S.-certified motor 
vehicle, 49 U.S.C. 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 
FMVSS 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, LLC, of Baltimore, MD, (``J.K.'') (Registered 
Importer 90-006) petitioned NHTSA to decide whether 2001-2002 Mercedes 
Benz SL (R230 Body) passenger cars are eligible for importation into 
the United States. NHTSA published notice of the petition on May 1, 
2002 (67 FR 21797), 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 U.S. Conformance of Jupiter, Florida, another registered importer 
(Registered Importer 00-214). This comment addressed issues that U.S. 
Conformance believed J.K. overlooked in describing alterations 
necessary to conform non-U.S. certified 2001-2002 Mercedes Benz SL 
(R230 Body) passenger cars to Federal Motor Vehicle Safety Standard 
Nos. 108 Lamps, Reflective Devices, and Associated Equipment and 301 
Fuel System Integrity, and with the Federal Bumper Standard found in 49 
CFR part 581. The agency accorded J.K. an opportunity to respond to the 
issues raised in this comment. The statements in the petition regarding 
these standards, U.S. Conformance's comments, and J.K.''s responses are 
set forth below.

Standard No. 108

    The petition stated that the vehicles are capable of being readily 
altered to meet this standard by: (a) Installation of U.S.-model 
headlamps and front sidemarker lamps, and (b) installation of U.S.-
model taillamp assemblies that incorporate rear sidemarker lamps.
    U.S. Conformance stated that it determined, upon physical 
inspection of one of the vehicles in question, that the rear taillamp 
assemblies are capable of being modified to meet the standard. The 
comment noted that the required reflective materials for red side 
marker lamps are in all taillamp assemblies manufactured for these 
vehicles. The comment further noted that one additional light source 
can be added to the appropriate spot in each taillamp assembly to bring 
the assembly into compliance with the standard, eliminating the need 
for replacement of the assembly.
    In its response, J.K. stood by the statement in its petition. J.K. 
stated that it had no idea whether the modifications proposed by U.S. 
Conformance would in fact conform the vehicles to the standard. J.K. 
noted, however, that those modifications would activate several warning 
systems if the wiring is not correct.

[[Page 68909]]

Standard No. 301

    The petition stated that that non-U.S. certified 2001-2002 Mercedes 
Benz SL (Body 230) passenger cars are identical to their U.S. certified 
counterparts with respect to compliance with this standard.
    U.S. Conformance expressed disagreement with this claim. The 
comment noted that after careful inspection, U.S. Conformance has 
determined that the fuel tank and related evaporative emission devices 
are not OBD2 compliant. The comment asserted that both systems must be 
able to trigger a ``check engine'' light in the event that a leak 
develops in either system, and do not have the capacity to do so. The 
comment expressed the belief that the fuel tank and evaporative 
emissions canister must be replaced with U.S.-model components.
    J.K. responded that the modification identified by U.S. Conformance 
concern matters of E.P.A. compliance, but have no bearing on the 
conformity of the vehicles with applicable FMVSS.

Part 581 Bumper Standard

    The petition stated that the vehicles, as originally manufactured, 
comply with the Bumper Standard.
    U.S. Conformance stated that its physical inspection revealed that 
the front and rear bumper reinforcements do not extend to the corners 
of the chassis on either the driver's or the passenger's side. U.S. 
Conformance further stated that in its experience, some manner of 
reinforcement is required past the bumper corner and must continue 
longitudinally for a minimum of three inches. As a consequence, the 
comment asserted that without those reinforcements, the Mercedes Benz 
SL (R230 Body) is incapable of meeting the corner impact test 
requirements of the standard.
    J.K. responded that the bumper systems of the European-model 
Mercedes Benz SL (R230 Body) are identical to those of the U.S.-
certified model. J.K. submitted photographs of both components to 
verify this statement.
    NHTSA believes that J.K. has adequately addressed each of the 
issues that U.S. Conformance has raised. The agency has been advised by 
representatives of DaimlerChrysler, the vehicle's manufacturer, that 
the Mercedes Benz SL (R230 Body) was first offered for sale in the 
United States in March 2002 as a model year 2003 vehicle. Since there 
were no substantially similar U.S.-certified versions of the vehicle in 
model years 2001 and 2002, J.K. should have petitioned the agency to 
determine the vehicle's eligibility for importation pursuant to 49 
U.S.C. 30141(a)(1)(B). As previously noted, that section 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 FMVSS based on destructive test or such 
other evidence as NHTSA decides to be adequate. In this instance, the 
fact that there is a U.S.-certified counterpart for the 2003 model 
Mercedes Benz SL (R230 Body) has led the agency to conclude that non-
U.S. certified models built in 2001 and 2002 have safety features that 
comply with, or are capable of being altered to comply with, all 
applicable FMVSS. In light of this circumstance, the agency has decided 
to grant the petition under 49 U.S.C. 30141(a)(1)(B).

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-19 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 2001-2002 Mercedes Benz SL (R230 Body) 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 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: November 7, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-28822 Filed 11-12-02; 8:45 am]
BILLING CODE 4910-59-P