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###### Department of Transportation

###### National Highway Traffic Safety Administration 

          - [Docket No. NHTSA-2004-19486] 

# AGENCY:

National Highway Traffic Safety Administration, DOT. 

# ACTION:

Notice of receipt of petition for decision that nonconforming 2001-2002 Mercedes Benz C Class (203) passenger cars are eligible for importation. 

# SUMMARY:

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2001-2002 Mercedes Benz C Class (203) passenger cars that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards. 

# DATES:

The closing date for comments on the petition is December 3, 2004. 

# 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)(A), a motor vehicle that was not originally manufactured to conform to all applicable Federal motor vehicle safety standards shall be refused admission                           ( print page 64128)                        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 Federal motor vehicle safety standards.                 

                    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 of Aberdeen, Maryland (Registered Importer 03-321) has petitioned NHTSA to decide whether nonconforming 2001-2002 Mercedes Benz C Class (203) passenger cars are eligible for importation into the United States. The vehicles which U.S. SPECS believes are substantially similar are 2001-2002 Mercedes Benz C Class (203) passenger cars that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable Federal motor vehicle safety standards. 

The petitioner claims that it carefully compared non-U.S. certified 2001-2002 Mercedes Benz C Class (203) passenger cars to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most Federal motor vehicle safety standards. 

US SPECS submitted information with its petition intended to demonstrate that non-U.S. certified 2001-2002 Mercedes Benz C Class (203) passenger cars as originally manufactured, conform to many Federal motor vehicle safety standards 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 2001-2002 Mercedes Benz C Class (203) 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*, 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) Substitution of a lens marked “Brake” for a lens with a noncomplying symbol on the brake failure indicator lamp; (b) recalibration of the speedometer/odometer from kilometers to miles per hour; and (c) installation of U.S.-model cruise control lever.                 

                    Standard No. 108                     *Lamps, Reflective Devices and Associated Equipment:*                     Inspection of all vehicles and installation, on vehicles that are not already so equipped, of U.S.-model headlamps, front side marker lamps, taillamp assemblies that incorporate rear side marker lamps, a high-mounted stoplamp assembly, and front and rear side reflex reflectors.                 

                    Standard No. 110                     *Tire Selection and Rims:*                     Tire placard must be installed to ensure compliance with the standard.                 

                    Standard No. 111                     *Rearview Mirrors:*                     Installation of U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of the passenger side rearview mirror.                 

                    Standard No. 114                     *Theft Protection:*                     Installation of U.S.-version software, or installation of a supplemental key warning buzzer system to meet the requirements of this standard.                 

                    Standard No. 118                     *Power-Operated Window, Partition, and Roof Panel Systems:*                     Inspection of all vehicles, and reprogramming and rewiring the systems, as required, to meet the requirements of this standard.                 

                    Standard No. 201                     *Occupant Protection in Interior Impact:*                     Inspection of all vehicles and installation, on vehicles that are not already so equipped, of U.S.-model interior trim components that are necessary to comply with the standard's upper interior impact requirements.                 

                    Standard No. 206                     *Door Locks and Door Retention Components:*                     Inspection of all vehicles and installation, on vehicles that are not already so equipped, of U.S.-model components as necessary, to meet the requirements of this standard.                 

                    Standard No. 208                     *Occupant Crash Protection:*                     (a) Inspection of all vehicles and replacement of any non U.S.-model seat belts, airbag control units, airbags, sensors, and knee bolsters with U.S.-model components on vehicles that are not already so equipped; and (b) installation of a supplemental warning buzzer which is wired to the seat belt latch to ensure that the seat belt warning system activates in the proper manner.                 

The petitioner states that the restraint system used in these vehicles consists of dual front airbags and knee bolsters, and that the vehicles have combination lap and shoulder belts at the outboard front seating positions as well as at the rear outboard seating positions. These manual systems are automatic, self-tensioning, and are released by means of a single red push-button. 

                    Standard No. 209                     *Seat Belt Assemblies:*                     Inspection of all vehicles and replacement of non U.S.-model seat belt assemblies with U.S.-model components on vehicles that are not already so equipped.                 

                    Standard No. 225                     *Child Restraint Anchorage Systems:*                     Inspection of all vehicles and installation of U.S.-model components, on vehicles that are not already so equipped, to ensure compliance with the standard.                 

                    Standard No. 301                     *Fuel System Integrity:*                     Inspection of all vehicles and installation of U.S.-model components, on vehicles that are not already so equipped, to ensure compliance with the standard.                 

                    Standard No. 401                     *Interior Trunk Release:*                     Inspection of all vehicles and installation of U.S.-model components, on vehicles that are not already so equipped, to ensure compliance with the standard.                 

The petitioner also 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. 

Interested persons are invited to submit comments on the petition 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 a.m. to 5 p.m.]. 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                           ( print page 64129)                        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. 04-24466 Filed 11-2-04; 8:45 am] 

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