[Federal Register Volume 69, Number 10 (Thursday, January 15, 2004)]
[Notices]
[Pages 2384-2385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-925]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-16888]


Notice of Receipt of Petition for Decision that Nonconforming 
2003-2004 Mercedes Benz E Class (211) Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2003-2004 Mercedes Benz E Class (211) 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 
2003-2004 Mercedes Benz E Class (211) 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 February 17, 
2004.

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 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.
    Automobile Concepts, Inc. of North Miami, Florida (``AMC'') 
(Registered Importer 01-278) has petitioned NHTSA to decide whether 
2003-2004 Mercedes Benz E Class (211) passenger cars are eligible for 
importation into the United States. The vehicles which AMC believes are 
substantially similar are 2003-2004 Mercedes Benz E Class (211) 
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 
2003-2004 Mercedes Benz E Class (211) 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 2003-2004 Mercedes Benz E Class (211) 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 2003-
2004 Mercedes Benz E Class (211) 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, 106 Brake 
Hoses, 109 New Pneumatic Tires, 113 Hood Latch Systems, 116 Brake 
Fluid, 124 Accelerator Control Systems, 135 Passenger Car Brake 
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, 212 Windshield Retention, 214 Side Impact Protection, 216 Roof 
Crush Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint 
Anchorage Systems, 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 instrument cluster in place of the international ECE 
warning symbol; (b) modification of the speedometer to read in miles 
per hour by downloading U.S. version information, or replacement of the 
speedometer with one that reads in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.-model headlamps, tail lamps, and front 
and rear sidemarkers.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: Inscription of the required 
warning statement on the passenger side rearview mirror's face.
    Standard No. 114 Theft Protection: Reprogramming of the vehicle's 
computer to activate the key warning system.
    Standard No. 118 Power Window Systems: Reprogramming of the 
vehicle's computer so that the power windows will not operate with the 
ignition switched off.
    Standard No. 208 Occupant Crash Protection: (a) Activation of the 
seat belt warning buzzer by reprogramming the vehicle's instrument 
cluster; (b) inspection of all vehicles and

[[Page 2385]]

replacement of the driver's and passenger's air bags and knee bolsters, 
and all seat belts with U.S.-model components on vehicles that are not 
already so equipped. Petitioner states that the vehicles should be 
equipped in 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.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and replacement of any noncompliant seat belts with U.S.-model 
components.
    Standard No. 210 Seat Belt Assembly Anchorages: Inspection of all 
vehicles and replacement of any noncompliant seat belt anchorages with 
U.S.-model components.
    Standard No. 301 Fuel System Integrity: Replacement of all non-U.S. 
model fuel system components with U.S.-model components.
    Standard No. 401 Interior Trunk Release: Installation of a U.S.-
model switch that will enable the trunk lid to be released from inside 
the trunk.
    The petitioner states that all vehicles must be inspected to ensure 
that they are equipped with an anti-theft device that meets the 
requirements of the Theft Prevention Standard found in 49 CFR part 541, 
and that such devices will be installed in any vehicles that are not 
already so equipped.
    The petitioner also states that a vehicle identification number 
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. In 
addition, the petitioner states that a certification label must be 
affixed to the driver's doorjamb 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: January 12, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-925 Filed 1-14-04; 8:45 am]
BILLING CODE 4910-59-P