[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Notices]
[Pages 64127-64129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24466]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19486]


Notice of Receipt of Petition for Decision That Nonconforming 
2001-2002 Mercedes Benz C Class (203) Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2001-2002 Mercedes Benz C Class (203) 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 
2001-2002 Mercedes Benz C Class (203) 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 3, 
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

[[Page 64128]]

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.
    US SPECS of Aberdeen, Maryland (Registered Importer 03-321) has 
petitioned NHTSA to decide whether nonconforming 2001-2002 Mercedes 
Benz C Class (203) passenger cars are eligible for importation into the 
United States. The vehicles which U.S. SPECS believes are substantially 
similar are 2001-2002 Mercedes Benz C Class (203) 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 
2001-2002 Mercedes Benz C Class (203) 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.
    US SPECS submitted information with its petition intended to 
demonstrate that non-U.S. certified 2001-2002 Mercedes Benz C Class 
(203) 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 2001-
2002 Mercedes Benz C Class (203) passenger cars are identical to their 
U.S.-certified counterparts with respect to compliance with Standard 
Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, and 
Transmission Braking Effect, 103 Windshield Defrosting and Defogging 
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses, 
109 New Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake 
Fluids, 124 Accelerator Control Systems, 135 Passenger Car Brake 
Systems, 202 Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 207 Seating Systems, 210 Seat Belt 
Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
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) Substitution of a lens 
marked ``Brake'' for a lens with a noncomplying symbol on the brake 
failure indicator lamp; (b) recalibration of the speedometer/odometer 
from kilometers to miles per hour; and (c) installation of U.S.-model 
cruise control lever.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Inspection of all vehicles and installation, on vehicles 
that are not already so equipped, of U.S.-model headlamps, front side 
marker lamps, taillamp assemblies that incorporate rear side marker 
lamps, a high-mounted stoplamp assembly, and front and rear side reflex 
reflectors.
    Standard No. 110 Tire Selection and Rims: Tire placard must be 
installed to ensure compliance with the standard.
    Standard No. 111 Rearview Mirrors: Installation of U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of the passenger side rearview mirror.
    Standard No. 114 Theft Protection: Installation of U.S.-version 
software, or installation of a supplemental key warning buzzer system 
to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Inspection of all vehicles, and reprogramming and rewiring the 
systems, as required, to meet the requirements of this standard.
    Standard No. 201 Occupant Protection in Interior Impact: Inspection 
of all vehicles and installation, on vehicles that are not already so 
equipped, of U.S.-model interior trim components that are necessary to 
comply with the standard's upper interior impact requirements.
    Standard No. 206 Door Locks and Door Retention Components: 
Inspection of all vehicles and installation, on vehicles that are not 
already so equipped, of U.S.-model components as necessary, to meet the 
requirements of this standard.
    Standard No. 208 Occupant Crash Protection: (a) Inspection of all 
vehicles and replacement of any non U.S.-model seat belts, airbag 
control units, airbags, sensors, and knee bolsters with U.S.-model 
components on vehicles that are not already so equipped; and (b) 
installation of a supplemental warning buzzer which is wired to the 
seat belt latch to ensure that the seat belt warning system activates 
in the proper manner.
    The petitioner states that the restraint system used in these 
vehicles consists of dual front airbags and knee bolsters, and that the 
vehicles have combination lap and shoulder belts at the outboard front 
seating positions as well as at the rear outboard seating positions. 
These manual systems are automatic, self-tensioning, and are released 
by means of a single red push-button.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and replacement of non U.S.-model seat belt assemblies with U.S.-model 
components on vehicles that are not already so equipped.
    Standard No. 225 Child Restraint Anchorage Systems: 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 
and installation of U.S.-model components, on vehicles that are not 
already so equipped, to ensure compliance with the 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

[[Page 64129]]

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. 04-24466 Filed 11-2-04; 8:45 am]
BILLING CODE 4910-59-P