[Federal Register Volume 71, Number 47 (Friday, March 10, 2006)]
[Notices]
[Pages 12421-12422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3409]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21845; Notice 2]


Decision That Nonconforming 2005 Mercedes Benz Type 463 Short 
Wheelbase Gelaendewagen Multipurpose Passenger Vehicles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of decision by National Highway Traffic Safety 
Administration that nonconforming 2005 Mercedes Benz Type 463 short 
wheelbase Gelaendewagen multipurpose passenger vehicles are eligible 
for importation.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration (NHTSA) that certain 2005 Mercedes Benz 
Type 463 short wheelbase Gelaendewagen multipurpose passenger vehicles 
that were not originally manufactured to comply with all applicable 
Federal motor vehicle safety standards (FMVSS) are eligible for 
importation into the United States because they have safety features 
that comply with, or are capable of being altered to comply with, all 
applicable FMVSS.

DATES: This decision was effective September 23, 2005. The agency 
notified the petitioner at that time that the petition had been 
granted. This document provides public notice of that decision.

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 FMVSS 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 FMVSS.
    Where there is no substantially similar U.S.-certified motor 
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle 
to be admitted into the United States if its safety features comply 
with, or are

[[Page 12422]]

capable of being altered to comply with, all applicable FMVSS based on 
destructive test data or such other evidence as NHTSA decides to be 
adequate.
    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 (``JK'') of Baltimore, Maryland (Registered 
Importer 90-006), and Wallace Environmental Testing Laboratories, Inc., 
of Huston Texas (``WETL'')(Registered Importer 09-005) separately 
petitioned NHTSA to decide whether 2005 Mercedes Benz Type 463 short 
wheelbase Gelaendewagen multipurpose passenger vehicles are eligible 
for importation into the United States. NHTSA published notice of the 
petitions on July 29, 2005 (70 FR 43936) to afford an opportunity for 
public comment. The reader is referred to that notice for a thorough 
description of the petitions.
    No comments were received in response to the notice of the 
petitions.
    In their petitions, WETL and JK differed with respect to whether 
the vehicle needed to be modified to conform to certain of the FMVSS, 
and if it did require such modifications, what those modifications 
should be. For example, J.K. stated that a lens marked ``Brake'' would 
have to be substituted for a lens with a nonconforming symbol on the 
brake failure indicator lamp, and the speedometer would have to be 
replaced or converted to one reading in miles per hour to achieve 
conformity with Standard No. 101, Controls and Displays. WETL did not 
identify these modifications as being needed. J.K. also stated that 
U.S.-model headlamps would have to be installed to achieve conformity 
with Standard No. 108 Lamps, Reflective Devices, and Associated 
Equipment. WETL did not identify this modification as being needed, but 
did state that the U.S.-model turn signal lamps and a U.S.-model high-
mounted stop lamp assembly would be needed to achieve conformity with 
the standard. J.K. also stated that a tire information placard would 
have to be installed to meet the requirements of Standard No. 120 Tire 
Selection and Rims for Vehicles other than Passenger Cars, but WETL did 
not identify this modification as being needed. Finally, WETL claimed 
that a rollover valve would have to be installed in the vehicle to 
comply with Standard No. 301 Fuel System Integrity, but J.K. claimed 
that modifications needed to meet U.S. Environmental Protection Agency 
(EPA) OBDII, Spit Back, and enhanced EVAP requirements will control all 
fuel leaks in the case of an impact.
    To reconcile these differences, the agency has decided that in 
addition to the modifications that the two petitioners agreed upon, as 
set forth in the notice of the petitions, an RI must demonstrate, in 
the conformity statements submitted for any vehicle imported under this 
eligibility decision, that the following modifications have been made:
    Standard No. 101 Controls and Displays: (a) Replacement of the 
instrument cluster with a U.S.-model component; and (b) reprogramming 
and initialization of the vehicle control system to integrate the new 
instrument cluster and activate required warning systems or, 
substitution of a lens marked ``Brake'' for a lens with a noncomplying 
symbol on the brake failure indicator lamp, and replacement or 
conversion of the speedometer to read in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model taillamp assemblies or 
modification of existing taillamps to conform to the standard; (b) 
installation of front and rear U.S.-model sidemarker lamps; (c) 
installation of U.S.-model headlamps; (d) installation of U.S.-model 
front turn signal lamps; and (e) installation of a U.S.-model high-
mounted stoplamp assembly.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles Other 
than Passenger Cars: Installation of a tire information placard.
    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.
    Based on these considerations, the agency decided to grant these 
petitions.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VCP-31 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA has decided that 
2005 Mercedes Benz Type 463 short wheelbase Gelaendewagen multipurpose 
passenger vehicles that were not originally manufactured to comply with 
all applicable FMVSS have safety features that comply with, or are 
capable of being altered to comply with, all applicable FMVSS.

    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. E6-3409 Filed 3-9-06; 8:45 am]
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