[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34994-34995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9399]



[[Page 34994]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-24965]


Notice of Receipt of Petition for Decision That Nonconforming 
2006 Mercedes Benz Type 463 Short Wheel Base Gelaendewagen Multipurpose 
Passenger Vehicles Manufactured Before September 1, 2006 Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petitions for decision that nonconforming 
2006 Mercedes Benz Type 463 Short Wheel Base Gelaendewagen multipurpose 
passenger vehicles manufactured before September 1, 2006 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 
2006 Mercedes Benz Type 463 Short Wheel Base (SWB) Gelaendewagen 
Multipurpose Passenger Vehicles (MPVs) manufactured before September 1, 
2006 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 such standards.

DATES: The closing date for comments on the petitions is July 17, 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)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are 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, L.L.C., of Baltimore, Maryland (J.K.) 
(Registered Importer 09-006) petitioned NHTSA to decide whether 2006 
Mercedes Benz Type 463 SWB Gelaendewagen MPVs manufactured before 
September 1, 2006 are eligible for importation into the United States. 
J.K. believes that these vehicles can be made to conform to all 
applicable FMVSS.
    In its petition, J.K. noted that NHTSA has granted import 
eligibility to the 2004 Mercedes Benz 463 SWB Gelaendewagen MPV 
(covered by vehicle eligibility number VCP-28), which it claims is 
identical to the 2006 Mercedes Benz Type 463 SWB Gelaendewagen MPV 
manufactured before September 1, 2006. Because the 2004 model year 
vehicles that have been deemed eligible for importation under vehicle 
eligibility number VCP-28 include both the Cabriolet and the Three Door 
versions of the Mercedes Benz 463 SWB Gelaendewagen MPV, the agency 
regards the instant petition as pertaining to those versions as well. 
In the petition for the 2004 model, the petitioner observed that over a 
period of ten years, NHTSA has granted import eligibility to a number 
of Mercedes Benz Gelaendewagen 463 vehicles. These include the 1990-
1994 SWB version of the vehicle (assigned vehicle eligibility number 
VCP-14) and the 1996 through 2001 long wheel base (LWB) version of the 
vehicle (assigned vehicle eligibility numbers VCP-11, VCP-15, VCP-16, 
VCP-18, and VCP-21). These eligibility decisions were based on 
petitions submitted by J.K. and another register importer, Europa 
International, Inc., of Santa Fe, New Mexico (Registered Importer 91-
206), claiming that the vehicles are capable of being altered to comply 
with all applicable FMVSS. Because those vehicles were not manufactured 
for importation into and sale in the United States, and were not 
certified by their original manufacturer (Daimler Benz), as conforming 
to all applicable FMVSS, they cannot be categorized as ``substantially 
similar'' to the 2006 Mercedes Benz Type 463 SWB Gelaendewagen MPV for 
the purpose of establishing import eligibility under 49 U.S.C. 
30141(a)(1)(A). In addition, while there are some similarities between 
the SWB and LWB versions, NHTSA has decided that the 2002 through 2004 
LWB versions of the vehicle that Mercedes Benz has manufactured for 
importation into and sale in the United States cannot be categorized as 
substantially similar to the SWB versions for the purpose of 
establishing import eligibility under section 30141(a)(1)(A). 
Therefore, J.K.'s petition is being processed pursuant to 49 U.S.C. 
30141(a)(1)(B) alone.
    J.K. submitted information with its petition intended to 
demonstrate that 2006 Mercedes Benz Type 463 SWB Gelaendewagen MPVs 
manufactured before September 1, 2006, as originally manufactured, 
comply with many applicable FMVSS and are capable of being modified to 
comply with all other applicable standards to which they were not 
originally manufactured to conform.
    Specifically, the petitioner claims that 2006 Mercedes Benz Type 
463 SWB Gelaendewagen MPVs manufactured before September 1, 2006 have 
safety features that comply 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, 113 Hood Latch System, 116 Motor 
Vehicle Brake Fluid, 119 New Pneumatic Tires for Vehicles Other than 
Passenger Cars, 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, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages, 
212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush 
Resistance, 219 Windshield Zone

[[Page 34995]]

Intrusion, and 302 Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being 
altered to comply with 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) replacement of the speedometer to read in 
miles per hour; (c) replacement of the instrument cluster with a U.S.-
model component; and (d) reprogramming and initialization of the 
vehicle control system to integrate the new instrument cluster and 
activate required warning systems.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model taillamp assemblies; (b) 
installation of U.S.-model headlamps; and (c) installation of front and 
rear U.S.-model sidemarker lamps.
    Standard No. 110 Tire selection and Rims for Motor Vehicles With a 
GVWR of 4,536 Kilograms (10,000 pounds) or Less: installation of a tire 
information placard and tire inflation pressure labeling.
    Standard No. 111 Rearview Mirrors: replacement of the passenger 
side rearview mirror with a U.S.-model component or inscription of the 
required warning statement on the mirror's surface.
    Standard No. 114 Theft Protection: reprogramming of the vehicle 
control systems to comply with the standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: reprogramming of the vehicle control systems to comply with 
the standard.
    Standard No. 208 Occupant Crash Protection: programming of the 
vehicle control systems to activate the required seat belt warning 
system. The petitioner states that the vehicles are equipped with 
driver's and passenger's air bags and knee bolsters, and with 
combination lap and shoulder belts that are self-tensioning and that 
release by means of a single red push button at the front and rear 
outboard seating positions.
    Standard No. 225 Child Restraint Anchorage Systems: installation of 
U.S.-model child seat anchorage components.
    Standard No. 301 Fuel System Integrity: The petitioner states that 
the vehicle's fuel system must be modified with U.S.-model parts to 
meet U.S. Environmental Protection Agency (EPA) requirements.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicle 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.
    Interested persons are invited to submit comments on the petitions 
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 am to 5 pm]. 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. E6-9399 Filed 6-15-06; 8:45 am]
BILLING CODE 4910-59-P