[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Notices]
[Pages 42734-42736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20262]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0148]


Notice of Receipt of Petition for Decision That Nonconforming 
2003-2006 Mercedes Benz C-Class (W203 Chassis) Passenger Cars 
Manufactured Before September 1, 2006 Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2003-2006 Mercedes Benz C-Class (W203 chassis) passenger cars 
manufactured before September 1, 2006 are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2003-2006 Mercedes Benz C-Class (W203 chassis) passenger cars 
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 (1) they are substantially similar to vehicles that were 
originally manufactured for sale in the United States and that were 
certified by their manufacturer as complying with the safety standards 
(the U.S.-certified version of the 2003-2006 Mercedes Benz C-Class 
(W203 chassis) passenger cars manufactured before September 1, 2006), 
and (2) they are capable of being readily altered to conform to the 
standards.

DATES: The closing date for comments on the petition is September 23, 
2009.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.

[[Page 42735]]

     Mail: Docket Management Facility: U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: 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 (65 FR 19477-78).
    How To Read Comments Submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also see the comments on the Internet. To read the 
comments on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page 
http://www.regulations.gov.
    (2) On that page, click on ``Advanced Docket Search.''
    (3) On the next page select ``NATIONAL HIGHWAY TRAFFIC SAFETY 
ADMINISTRATION'' from the drop-down menu in the Agency field and enter 
the Docket ID number shown at the heading of this document.
    (4) After entering that information, click on ``submit.''
    (5) The next page contains docket summary information for the 
docket you selected. Click on the comments you wish to see. You may 
download the comments. Please note that even after the comment closing 
date, we will continue to file relevant information in the Docket as it 
becomes available. Further, some people may submit late comments. 
Accordingly, we recommend that you periodically search the Docket for 
new material.

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.
    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, LLC (``US SPECS''), of Havre de Grace, Maryland 
(Registered Importer 03-321) has petitioned NHTSA to decide whether 
nonconforming 2003-2006 Mercedes Benz C-Class (W203 chassis) passenger 
cars manufactured before September 1, 2006 are eligible for importation 
into the United States. The vehicles which U.S. SPECS believes are 
substantially similar are 2003-2006 Mercedes Benz C-Class (W203 
chassis) passenger cars manufactured before September 1, 2006 that were 
manufactured for sale in the United States and certified by their 
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2003-2006 
Mercedes Benz C-Class (W203 chassis) passenger cars manufactured before 
September 1, 2006 to their U.S.-certified counterparts, and found the 
vehicles to be substantially similar with respect to compliance with 
most FMVSS.
    US SPECS submitted information with its petition intended to 
demonstrate that non-U.S. certified 2003-2006 Mercedes Benz C-Class 
(W203 chassis) passenger cars manufactured before September 1, 2006, as 
originally manufactured, conform to many FMVSS 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 2003-
2006 Mercedes Benz C-Class (W203 chassis) passenger cars manufactured 
before September 1, 2006 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) Inscription of the word 
``brake'' on the dash in place of the international ECE warning symbol; 
(b) replacement of the speedometer with a unit reading in miles per 
hour, or modification of the existing speedometer so that it reads in 
miles per hour; and (c) installation of a U.S.-model cruise control 
lever.
    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 front sidemarker lamps; (b) 
U.S.-model headlamps; (c) U.S.-model tail lamps with integral rear side 
marker lamps; (d) U.S.-model high-mounted stop lamp; and (e) front and 
rear side-mounted reflex reflectors.
    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 a supplemental 
key

[[Page 42736]]

warning buzzer, or installation or activation of U.S.-version software 
to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: installation or activation of U.S.-version software in the 
vehicle's computer system to meet the requirements of this standard on 
vehicles in which this software is not already installed or activated.
    Standard No. 201 Occupant Protection in Interior Impact: 
replacement of non U.S.-model upper interior components with U.S.-model 
components to meet the requirements of this standard on vehicles that 
are not already so equipped.
    Standard No. 206 Door Locks and Door Retention Components: 
replacement of non U.S.-model door lock components with U.S.-model 
components on vehicles that are not already so equipped.
    Standard No. 208 Occupant Crash Protection: inspection of all 
vehicles and replacement of any non U.S.-model seat belts, air bag 
control units, air bags, and sensors with U.S.-model components on 
vehicles that are not already so equipped; and (b) installation or 
activation of U.S.-version software to ensure that the seat belt 
warning system meets the requirements of this standard.
    The petitioner states that the crash protection system used in 
these vehicles consists of dual front airbags and combination lap and 
shoulder belts at the front outboard seating positions as well as the 
rear seating positions. The seat belt systems are described as 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 replacement of any non U.S.-certified model seat belts with U.S.-
model components.
    Standard No. 225 Child Restraint Anchorage Systems: inspection of 
all vehicles and installation of non U.S.-model child restraint 
anchorage system components on vehicles not already so equipped.
    Standard No. 301 Fuel System Integrity: inspection of all vehicles 
and replacement of any non U.S.-model fuel system components with U.S.-
model components.
    Standard No. 401 Interior Trunk Release: inspection of all vehicles 
and installation of U.S.-model components on vehicles not already so 
equipped.
    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.
    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 addresses 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.

    Issued on: August 18, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E9-20262 Filed 8-21-09; 8:45 am]
BILLING CODE 4910-59-P