[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Notices]
[Pages 21835-21836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08714]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0038; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2012 Mercedes-Benz S-Class Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
nonconforming 2012 Mercedes-Benz S-Class passenger cars 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 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 2012 Mercedes-Benz S-
Class) and they are capable of being readily altered to conform to the 
standards.

DATE: The closing date for comments on the petition is May 19, 2014.

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: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

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.
    J.K. Technologies, LLC of Baltimore, Maryland (Registered Importer 
90-006) has petitioned NHTSA to decide whether nonconforming 2012 
Mercedes-Benz S-Class passenger cars are eligible for importation into 
the United States. The vehicles which J.K. Technologies believes are 
substantially similar are 2012 Mercedes-Benz S-Class passenger cars 
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 2012 
Mercedes-Benz S-Class passenger cars to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    J.K. Technologies submitted information with its petition intended 
to demonstrate that non-U.S. certified 2012 Mercedes-Benz S-Class 
passenger cars, as originally manufactured, conform to

[[Page 21836]]

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 2012 
Mercedes-Benz S-Class 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, 
113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 124 Accelerator 
Control Systems, 126 Electronic Stability 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, 210 Seat Belt 
Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
225 Child Restraint Anchorage Systems, 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: replacement of the 
instrument cluster with a U.S.-model component and reprogramming the 
unit to indicate correct vehicle mileage.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Replacement of the headlamps, side marker lamps, and tail 
lamps with U.S.-model components and reprogramming the vehicle computer 
to activate necessary systems.
    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.
    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 face of that mirror.
    Standard No. 114 Theft Protection and Rollaway Prevention: 
reprogramming the vehicle computer to activate the key warning system.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: reprogramming of the vehicle computer.
    Standard No. 138 Tire Pressure Monitoring Systems: Replacement of, 
non-U.S.-model parts and software with U.S.-model components so that 
the vehicle is identical to the U.S.-model in regards to the standard.
    Standard No. 207 Seating Systems: replacement of non-conforming 
seating systems with U.S.-model components.
    Standard No. 208 Occupant Crash Protection: inspection to confirm 
that belts, airbags, sensors, control units, wiring harnesses, knee 
bolsters, labels, and braces bear U.S.-model part numbers. Non-U.S.-
model parts will be replaced with U.S.-model components so that the 
vehicle identical to the U.S.-model in regards to the standard. The 
vehicle computer must also be reprogrammed to activate the seat belt 
warning system.
    Standard No. 209 Seat Belt Assemblies: inspection of seatbelts and 
replacement of non-conforming belts with U.S.-model components.
    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 as necessary to conform to the requirements of FMVSS 
No. 301.
    Standard No. 401 Interior Trunk Release: installation of U.S.-model 
interior trunk release components.
    The petitioner states that the bumpers and bumper support structure 
are identical to that of the U.S. certified model. However, the bumper 
impact absorbers must be replaced with U.S.-model components to comply 
with 49 CFR part 581.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicle near the left windshield post to 
meet the requirements of 49 CFR Part 565.
    Because the subject petition covers nonconforming vehicles that 
have been manufactured on or after September 1, 2006, compliance with 
the advanced air bag requirements of FMVSS No. 208 is of significant 
concern to the agency. NHTSA is therefore particularly interested in 
comments regarding the ability of a Registered Importer to readily 
alter the subject vehicles to fully meet the driver and front outboard 
passenger frontal crash protection and child passenger protection 
requirements of FMVSS No. 208. The following is a partial listing of 
the components that may be affected:

a. Driver's frontal air bag module
b. Passenger frontal air bag module
c. Passenger frontal air bag cover
d. Knee air bags
e. Knee bolsters
f. Passenger outboard frontal seat belt system
g. Driver and front outboard seat assemblies including seat tracks and 
internal seat components
h. Steering wheel components, including the clock spring assembly, the 
steering column, and all connecting components
i. Instrument panel
j. Instrument panel support structure (i.e. cross beam)
k. Occupant sensing and classification systems, including sensors and 
processors
l. Restraint control modules
m. Passenger air bag status indicator light system, including related 
display components and wiring
n. Wiring harnesses between the restraint control module, occupant 
classification system and restraint system components
o. Control system computer software and firmware

    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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-08714 Filed 4-16-14; 8:45 am]
BILLING CODE 4910-59-P