[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19461-19462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8483]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0045]


Receipt of Petition for Decision That Nonconforming 2006 and 2007 
Mercedes Benz G-Class Long-Wheelbase MPVs Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of petition.

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

SUMMARY: The National Highway Traffic Safety Administration (NHTSA) has 
received a petition to decide that 2006 and 2007 Mercedes Benz G-Class 
(463 chassis) LWB multipurpose passenger vehicles (MPVs) 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 2006 and 2007 Mercedes Benz G-Class (463 
chassis) LWB MPV), and (2) they are capable of being readily altered to 
conform to the standards.

DATES: The closing date for comments on the petition is May 14, 2010.

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.
     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 view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. 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 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

[[Page 19462]]

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 
2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs are eligible 
for importation into the United States. The vehicles which J.K. 
believes are substantially similar are 2006 and 2007 Mercedes Benz G-
Class (463 chassis) LWB MPVs 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 carefully compared non-U.S. certified 
2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs, to their 
U.S.-certified counterparts, and found the vehicles to be substantially 
similar with respect to compliance with most FMVSS.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 2006 and 2007 Mercedes Benz G-Class 
(463 chassis) LWB MPVs, 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 2006 
and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs, 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, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 124 
Accelerator Control Systems, 135 Light Vehicle Brake Systems, 139 New 
Pneumatic Radial Tires for Light Vehicles, 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, 301 Fuel System Integrity, 
and 302 Flammability of Interior Materials.
    Petitioner also contends that the vehicle is capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays:
    (a) Replacement of the instrument cluster with a U.S.-model 
component; (b) installation or activation of the U.S.-version control 
and display software; and (c) installation of a U.S.-model cruise 
control lever.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of the following U.S.-model components on 
vehicles that are not already so equipped: (a) Front sidemarker lamps; 
(b) headlamps; and (c) tail lamps with integral rear side marker lamps.
    Standard No. 110 Tire Selection and Rims and Motor Home/
Recreational Vehicle Trailer Load Carrying Capacity Information for 
Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or Less: 
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 on all vehicles not already so 
equipped.
    Standard No. 114 Theft Protection: Installation of U.S.-version 
software on all vehicles not already so equipped.
    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 that do not already have this software installed or activated.
    Standard No. 138 Tire Pressure Monitoring Systems: Inspection of 
all vehicles and installation of a conforming tire monitoring system on 
vehicles not already so equipped.
    Standard No. 208 Occupant Crash Protection: 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 occupant crash protection systems 
used in these vehicles are identical to the U.S.-version with the 
exception of the front and rear passenger seat belt assemblies. All 
seat belt assemblies with the exception of the driver's seat belt 
assembly must be replaced with ones that meet the requirements of FMVSS 
No. 208 and FMVSS No. 209.
    Standard No. 209 Seat Belt Assemblies: All seat belt assemblies 
with the exception of the driver's seat belt assembly must be replaced 
with ones that meet the requirements of FMVSS No. 208 and FMVSS No. 
209.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
U.S.-model child restraint anchorage system components that meet the 
requirements of FMVSS No. 225.
    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: April 8, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-8483 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-59-P