[Federal Register Volume 68, Number 221 (Monday, November 17, 2003)]
[Notices]
[Pages 64945-64947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28621]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16481]


Notice of Receipt of Petition for Decision That Nonconforming 
1991-1994 Mercedes Benz S Class (140 Car Line) Passenger Cars Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1991-1994 Mercedes Benz S Class (140 car line) 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 
1991-1994 Mercedes Benz S Class (140 car line) 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 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.). 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

[[Page 64946]]

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 
1991-1994 Mercedes Benz S Class (140 car line) passenger cars are 
eligible for importation into the United States. The vehicles which SCI 
believes are substantially similar are 1991-1994 Mercedes Benz S Class 
(140 car line) 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 
1991-1994 Mercedes Benz S Class (140 car line) 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 1991-1994 Mercedes Benz S Class (140 car line) 
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 1991-
1994 Mercedes Benz S Class (140 car line) 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, 
201 Occupant Protection in Interior Impact, 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 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: (a) Installation of U.S.-model headlamps and front side 
marker lights; (b) installation of U.S.-model tail lamp assemblies that 
incorporate rear side marker lights; (c) installation of a U.S.-model 
high mounted stop lamp.
    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: installation of a key warning 
buzzer.
    Standard No. 118 Power Window Systems: installation of a relay in 
the power window system so that the window transport will not operate 
with the ignition switched off.
    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 a roll over valve with the same 
part number as the U.S.-model component, and installation of that 
component on vehicles that are not already so equipped.
    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 that are 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. The 
petitioner further states that a certification label must be affixed to 
the driver's door latch post to meet the requirements of 49 CFR part 
567.
    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 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 12, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-28621 Filed 11-14-03; 8:45 am]
BILLING CODE 4910-59-P