[Federal Register Volume 67, Number 243 (Wednesday, December 18, 2002)]
[Notices]
[Pages 77556-77557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31880]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13933]


Notice of Receipt of Petition for Decision That Nonconforming 
1996-2002 Mercedes Benz E Class (W210) Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1996-2002 Mercedes Benz E Class (W210) 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 
1996-2002 Mercedes Benz E Class (W210) 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 January 17, 
2003.

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 a.m. 
to 5 p.m.].

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec.  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. Sec.  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.

[[Page 77557]]

    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 Miami, Florida (``AMC'') (Registered 
Importer 01-278) has petitioned NHTSA to decide whether 1996-2002 
Mercedes Benz E Class (W210) passenger cars are eligible for 
importation into the United States. The vehicles which AMC believes are 
substantially similar are 1996-2002 Mercedes Benz E Class (W210) 
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.
    The petitioner claims that it carefully compared non-U.S. certified 
1996-2002 Mercedes Benz E Class (W210) 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 1996-2002 Mercedes Benz E Class (W210) 
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 1996-
2002 Mercedes Benz E Class (W210) 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, 114 Theft Protection, 116 Brake Fluid, 124 
Accelerator Control 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 Mounting, 216 Roof 
Crush Resistance, 219 Windshield Zone Intrusion, and 302 Flammability 
of Interior Materials.
    The petitioner claims that the vehicles are exempt from the parts 
marking requirements of the Federal Motor Vehicle Theft Prevention 
Standard at 49 CFR Part 541 because they are equipped with U.S.-model 
anti-theft devices that prevent the vehicles from being driven and 
activate the horn.
    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) replacement of the speedometer with the U.S.-model component that 
reads in miles per hours.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps and front side 
marker lights; (b) installation of U.S.-model tail lamp assemblies 
which incorporate rear side marker lights; (c) installation of a U.S.-
model center high mounted stop light assembly on vehicles that are 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 the surface of that mirror.
    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: The 
petitioner contends that all components subject to this standard are 
identical to those on the vehicles' U.S.-certified counterparts, which 
have been identified by the manufacturer as meeting the upper interior 
head impact requirements of the standard. All vehicles will be 
inspected to ensure that they are equipped with the appropriate U.S.-
model parts, and those parts will be installed on any vehicles that are 
not so equipped.
    Standard No. 208 Occupant Crash Protection: (a) Reprogramming of 
the seat belt warning buzzer; (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 vehicles 
are equipped with seat belts in front and rear outboard and the rear 
center designated seating positions. 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.
    Standard No. 301 Fuel System Integrity: installation of a U.S.-
model fuel tank, fuel level sensor, fuel vapor filter, and rollover 
valve.
    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: December 13, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-31880 Filed 12-17-02; 8:45 am]
BILLING CODE 4910-59-P