[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Notices]
[Pages 29164-29166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11454]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17766]


Notice of Receipt of Petition for Decision That Nonconforming 
2002-2004 Mercedes Benz S-Class (220) Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2002-2004 Mercedes Benz S-Class (220) 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 
2002-2004 Mercedes Benz S-Class (220) 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

[[Page 29165]]

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 June 21, 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 of North Miami, Florida (Registered Importer 
01-278) has petitioned NHTSA to decide whether 2002-2004 Mercedes Benz 
S-Class (220) passenger cars are eligible for importation into the 
United States. The vehicles that Automobile Concepts believes are 
substantially similar are 2002-2004 Mercedes Benz S-Class (220) 
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 compared non-U.S. certified 2002-2004 
Mercedes Benz S-Class (220) 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.
    Automobile Concepts submitted information with its petition 
intended to demonstrate that non-U.S. certified 2002-2004 Mercedes Benz 
S-Class (220) 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-
2004 Mercedes Ben S-Class (220) 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 Mounting, 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 or installation of a U.S.-model instrument cluster; (b) 
modification of the speedometer to read in miles per hour by 
downloading U.S. version software information or replacement of the 
speedometer through the installation of a U.S.-model instrument 
cluster.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of the following components on vehicles that 
are not already so equipped: (a) U.S.-model headlamps; (b) U.S.-model 
front sidemarker lamps that incorporate reflex reflectors; (c) U.S.-
model taillamp assemblies that incorporate rear sidemarker lamps and 
reflex reflectors.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: inscription of the required 
warning statement on the passenger side rearview mirror.
    Standard No. 114 Theft Protection: reprogramming of the vehicle's 
computers to the U.S.-mode to ensure compliance with the standard.
    Standard No. 118 Power-Operated Window Partition, and Roof Panel 
Systems: reprogramming of the vehicle's computers to the U.S.-mode to 
ensure compliance with the standard.
    Standard No. 208 Occupant Crash Protection: (a) reprogramming of 
the vehicle's computers to the U.S.-mode to activate the seatbelt 
warning buzzer; (b) inspection of all vehicles and installation of 
U.S.-model components, as necessary, to ensure compliance with the 
standard. The petitioner states that the vehicles are equipped with 
dual front air bags and knee bolsters, and with combination lap and 
shoulder belts at the outboard front and rear seating positions that 
are self-tensioning and capable of being released by means of a single 
red push button.
    Standard No. 209 Seat Belt Assemblies: inspection of all vehicles 
and installation of U.S.-model components on vehicles that are not 
already so equipped to ensure compliance with the standard.
    Standard No. 210 Seat Belt Assembly Anchorages: inspection of all 
vehicles and installation of U.S.-model components on vehicles that are 
not already so equipped to ensure compliance with the standard.
    Standard No. 301 Fuel System Integrity: inspection of all vehicles 
and installation of U.S.-model components on vehicles that are not 
already so equipped, to ensure compliance with the standard.
    Standard No. 401 Interior Trunk Release: inspection of all vehicles 
manufactured on or after September 1, 2001, and installation of U.S.-
model components on those vehicles that are not already so equipped to 
ensure compliance with the standard.

[[Page 29166]]

    Petitioner states that all vehicles must be inspected to ensure 
compliance with the Theft Prevention Standard at 49 CFR part 541 and 
that U.S.-model anti-theft devices will be installed, as necessary, on 
vehicles that are not already so equipped. The petitioner expressed the 
belief that the vehicles do in fact comply with this standard.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicles near the left windshield 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 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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 04-11454 Filed 5-19-04; 8:45 am]
BILLING CODE 4910-59-P