[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7889-7891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02968]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0083; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2014 Mercedes-Benz SLK Class Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
model year (MY) 2014 Mercedes-Benz SLK Class passenger cars (PC) 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 2014 Mercedes-
Benz SLK Class PC) and they are capable of being readily altered to 
conform to the standards.

DATES: The closing date for comments on the petition is March 17, 2016.

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

[[Page 7890]]

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 (JK) of Baltimore, Maryland (Registered 
Importer R-90-006) has petitioned NHTSA to decide whether nonconforming 
2014 Mercedes-Benz SLK Class PCs are eligible for importation into the 
United States. The vehicles which JK believes are substantially similar 
are MY 2014 Mercedes-Benz SLK Class PCs sold 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 MY 2014 
Mercedes-Benz SLK Class PCs to their U.S.-certified counterparts, and 
found the vehicles to be substantially similar with respect to 
compliance with most FMVSS.
    JK submitted information with its petition intended to demonstrate 
that non-U.S. certified MY 2014 Mercedes-Benz SLK Class PCs, as 
originally manufactured, conform to many applicable 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 the non U.S.-certified MY 
2014 Mercedes-Benz SLK Class PCs, as originally manufactured, conform 
to: 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, 114 Theft Protection, 116 Motor 
Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and Roof 
panel System, 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, 202a 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, and 302 Flammability of 
Interior Materials.
    The petitioner also contends that the subject non-U.S certified 
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 original 
instrument cluster with the U.S.-model component and reprogramming the 
associated software as described in the petition.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: replacement of the front and rear turn signal and side 
marker lamps, headlamps, taillamps, stop lamps, backup lamps, and rear 
and side mounted reflex reflectors with U.S.-conforming components; 
reprogramming the vehicle software to activate the lamps such that they 
conform to the standard.
    Standard No. 110 Tire Selection and Rims: installation of the 
required tire information placard.
    Standard No. 111 Rearview Mirrors: inscription of the required 
warning statement on the face of the passenger side mirror, or 
replacement of that mirror with the U.S.-model component.
    Standard No. 138 Tire Pressure Monitoring Systems: installation of 
U.S.-model pressure sensor, tire valve kit and tire pressure monitor 
module. The system must also be reprogrammed with the U.S.-model tire 
pressure loss warning code pack before reprograming the CAN E and 
changing the TPMS SA codes to ``installed.''
    Standard No. 208 Occupant Crash Protection: replacement of; 
passenger side seat cushion with the U.S.-model seat cushion and sensor 
mat set, passenger side electrical wiring harness, passenger side seat 
belt, instrument panel, glove box, wire harness for the dash board, and 
airbag control module. Installation of U.S.-model driver's and 
passenger's knee airbags and U.S.-model air bag warning labels is also 
necessary.
    In addition, documentation required as part of the owner's manual 
or

[[Page 7891]]

supplemental documentation must be provided by the RI.
    After the new components are installed and wired the diagnostic 
programming/coding tool must be used to insure that the latest U.S.-
model code packs are installed and operational in all applicable 
vehicle control modules, including the airbag control module.
    Standard No. 209 Seat Belt Assemblies: replacement of the passenger 
seat belt assembly with U.S.-model components.
    Standard No. 225 Child Restraint Anchorage Systems: inspection of 
all vehicles and replacement of any non U.S.-model child restraint 
anchorage system components with U.S.-model components (this may 
require seat replacement as part of modifications made to conform the 
vehicle to FMVSS No. 208) as necessary to conform to the requirements 
of the standard.
    Standard No. 301 Fuel System Integrity: replacement of the 
following fuel system components with U.S.-model components as 
necessary to meet all applicable requirements of the standard: 
Evaporative system, fuel tank, fuel level unit with check valve (fuel 
tank pressure sensor), fuel filler cap, charcoal canister fuel shut off 
valve, vapor lines, wire harness for fuel tank pressure sensor and 
charcoal canister shut off valve.
    After all replacements have been installed and wired the diagnostic 
programming/coding tool must be used to reprogram the ECU to select the 
ULE/LEV mode.
    Standard No. 401 Interior Trunk Release: installation of all U.S.-
model interior trunk release components.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicle near the left windshield pillar 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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-02968 Filed 2-12-16; 8:45 am]
BILLING CODE 4910-59-P