[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Notices]
[Pages 5113-5114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1184]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-23698]


Notice of Receipt of Petition for Decision That Nonconforming 
2002-2005 Mercedes Benz CLK-Class (209) Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2002-2005 Mercedes Benz CLK-class (209) 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 
2002-2005 Mercedes Benz CLK-class (209) 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 March 2, 2006.

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.
    J.K. Technologies, LLC, of Baltimore, Maryland (``J.K.'') 
(Registered Importer 90-006) has petitioned NHTSA to decide whether 
nonconforming 2002-2005 Mercedes Benz CLK-class (209) passenger cars 
are eligible for importation into the United States. The vehicles which 
J.K. believes are substantially similar are 2002-2005 Mercedes Benz 
CLK-class (209) 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 
2002-2005 Mercedes Benz CLK-class (209) 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.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 2002-2005 Mercedes Benz CLK-class 
(209) 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-
2005 Mercedes Benz CLK-class (209) 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, 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, 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.
    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: Installation of a U.S.-
model instrument cluster and cruise control lever. U.S. version 
software must also be downloaded to meet the requirements of this 
standard.
    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 lamps, reflective 
devices, and associated equipment.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 114 Theft Protection: Installation of U.S. version 
software to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Installation of U.S. version software, or installation of a 
supplemental relay system to meet the requirements of the standard.
    Standard No. 208 Occupant Crash Protection: (a) Inspection of all 
vehicles and replacement of any non U.S.-model seat belts, air bag 
control units, air bags, sensors, and knee bolsters with U.S.-model 
components on vehicles that are not already so equipped, and (b) 
reprogramming the vehicle computer to the U.S.-mode to ensure 
compliance with the standard.
    The petitioner states that the occupant restraints used in these 
vehicles consist of dual front airbags and combination lap and shoulder 
belts at the front and rear outboard seating positions. These manual 
systems are automatic, self-

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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 any non-U.S.-model seat belts 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.
    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.
    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.
    The petitioner also states that all vehicles will be inspected for 
conformity with the Bumper Standard found in 49 CFR part 581 and that 
any non-U.S.-model components necessary for conformity with this 
standard will be replaced with U.S.-model components.
    The petitioner additionally 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. E6-1184 Filed 1-30-06; 8:45 am]
BILLING CODE 4910-59-P