[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Notices]
[Pages 64678-64680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28525]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16473]


Notice of Receipt of Petition for Decision That Nonconforming 
2002-2003 Mercedes Benz E-320 Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2002-2003 Mercedes Benz E-320 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 
2002-2003 Mercedes Benz E-320 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 December 15, 
2003.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400

[[Page 64679]]

Seventh St. SW., Washington, DC 20590. Docket hours are from 9 a.m. to 
5 p.m. Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202) 366-3151.

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.
    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.
    Sunshine Car Import L.C. of Cape Coral, Florida (``SCI'') 
(Registered Importer 01-289) has petitioned NHTSA to decide whether 
2002-2003 Mercedes Benz E-320 passenger cars are eligible for 
importation into the United States. The vehicles which SCI believes are 
substantially similar are 2002-2003 Mercedes Benz E-320 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 
2002-2003 Mercedes Benz E-320 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.
    SCI submitted information with its petition intended to demonstrate 
that non-U.S. certified 2002-2003 Mercedes Benz E-320 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 2002-
2003 Mercedes Benz E-320 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, 105 Hydraulic Brake Systems, 106 Brake Hoses, 109 New 
Pneumatic Tires, 113 Hood Latch Systems, 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, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, and 302 Flammability of Interior Materials.
    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 instrument cluster in place of the international ECE 
warning symbol; (b) replacement or conversion of the speedometer to 
read in miles per hours.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: inspection of all vehicles and installation of U.S.-model 
headlamps, tail lamps, side markers, and high mounted stop lamps 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 mirror's face.
    Standard No. 114 Theft Protection: reprogramming of the instrument 
cluster software to activate the key warning buzzer.
    Standard No. 118 Power Window Systems: inspection of all vehicles 
and installation, in vehicles that are not already so equipped, of a 
relay in the power window system so that the window transport will not 
operate with the ignition switched off.
    Standard No. 201 Occupant Protection in Interior Impact: inspection 
of all vehicles and replacement of all parts necessary to achieve 
compliance with the standard with U.S.-model components on vehicles 
that are not already so equipped.
    Standard No. 208 Occupant Crash Protection: (a) Reprogramming of 
the instrument cluster software to activate the seat belt warning 
buzzer; (b) inspection of all vehicles and replacement of the driver's 
and passenger's 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 should be equipped at the front and 
rear outboard seating positions with combination lap and shoulder belts 
that are self-tensioning and that release by means of a single red 
pushbutton and with a lap belt at the rear center seating position. The 
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 beams 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: inspection of all vehicles 
to ensure that they are equipped with components necessary to achieve 
compliance with the standard that are identical to the components 
installed on the vehicles' U.S.-certified counterparts.
    Standard No. 401 Interior Trunk Release: installation of an 
emergency trunk lid release.
    The petitioner states that all vehicles must be inspected for 
compliance with the Bumper Standard found in 49 CFR part 581 and that 
U.S.-model components necessary to achieve compliance with the standard 
must be installed on vehicles not already so equipped.
    The petitioner also 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

[[Page 64680]]

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 a.m. to 5 p.m. 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: November 10, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-28525 Filed 11-13-03; 8:45 am]
BILLING CODE 4910-59-P