[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Notices]
[Pages 53047-53048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26923]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 97-068; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1990-1991 Mercedes Benz 420 SE Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1990-1991 Mercedes Benz 420 SE passenger cars are eligible for 
importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a decision that 1990-
1991 Mercedes Benz 420 SE 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 November 10, 
1997.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Section, Room 5109, National 
Highway Traffic Safety Administration, 400 Seventh St., SW, Washington, 
DC 20590. [Docket hours are from 9:30 a.m. to 4 p.m.].

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 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 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. Sec. 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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered 
Importer No. R-90-009) has petitioned NHTSA to decide whether 1990-1991 
Mercedes Benz 420 SE passenger cars are eligible for importation into 
the United States. The vehicle which Champagne believes is 
substantially similar is the 1990-1991 Mercedes Benz 420 SEL. Champagne 
has submitted information indicating that Daimler Benz, A.G., the 
company that manufactured the 1990-1991 Mercedes Benz 420 SEL, 
certified that vehicle as conforming to all applicable Federal motor 
vehicle safety standards and offered it for sale in the United States.
    The petitioner contends that it carefully compared the 1990-1991 
Mercedes Benz 420 SE to the 1990-1991 Mercedes Benz 420 SEL, and found 
the two models to be substantially similar with respect to compliance 
with most

[[Page 53048]]

applicable Federal motor vehicle safety standards.
    Champagne submitted information with its petition intended to 
demonstrate that the 1990-1991 Mercedes Benz 420 SE, as originally 
manufactured, conforms to many Federal motor vehicle safety standards 
in the same manner as the 1990-1991 Mercedes Benz 420 SEL that was 
offered for sale in the United States, or is capable of being readily 
altered to conform to those standards.
    Specifically, the petitioner claims that the 1990-1991 Mercedes 
Benz 420 SE is identical to the certified 1990-1991 Mercedes Benz 420 
SEL with respect to compliance with Standard Nos. 102 Transmission 
Shift Lever Sequence * * *., 103 Defrosting and Defogging Systems, 104 
Windshield Wiping and Washing Systems, 105 Hydraulic Brake Systems, 106 
Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch Systems, 116 Brake 
Fluid, 124 Accelerator Control Systems, 201 Occupant Protection in 
Interior Impact, 202 Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 207 Seating Systems, 209 Seat Belt 
Assemblies, 210 Seat Belt Assembly Anchorages, 212 Windshield 
Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
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) Substitution of a lens 
marked ``Brake'' for a lens with an ECE symbol on the brake failure 
indicator lamp; (b) installation of a seat belt warning lamp that 
displays the appropriate symbol; (c) recalibration of the speedometer/
odometer from kilometers to miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamp assemblies; (b) 
installation of U.S.-model front and rear sidemarker/reflector 
assemblies; (c) installation of U.S.-model taillamp assemblies; (d) 
installation of a high mounted stop lamp.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: replacement of the passenger 
side rear view mirror.
    Standard No. 114 Theft Protection: installation of a buzzer 
microswitch in the steering lock assembly, and a warning buzzer.
    Standard No. 118 Power Window Systems: rewiring of the power window 
system so that the window transport is inoperative when the ignition is 
switched off.
    Standard No. 206 Door Locks and Door Retention Components: 
replacement of the rear door locks and locking buttons with U.S.-model 
parts.
    Standard No. 208 Occupant Crash Protection: (a) Installation of a 
U.S.-model seat belt in the driver's position, or a belt webbing-
actuated microswitch inside the driver's seat belt retractor; (b) 
installation of an ignition switch-actuated seat belt warning lamp and 
buzzer; (c) replacement of the driver's side air bag and knee bolster 
with U.S.-model components. The petitioner states that the vehicles are 
equipped with combination lap and shoulder restraints that adjust by 
means of an automatic retractor and release by means of a single push 
button at each front designated seating position, with combination lap 
and shoulder restraints that release by means of a single push button 
at each rear outboard designated seating position, and with a lap belt 
in the rear center designated seating position.
    Standard No. 214 Side Impact Protection: installation of 
reinforcing beams.
    Standard No. 301 Fuel System Integrity: installation of a rollover 
valve in the fuel tank vent line between the fuel tank and the 
evaporative emissions collection canister.
    Additionally, the petitioner states that the bumpers on the 1990-
1991 Mercedes Benz 420 SE must be reinforced, or U.S.-model bumper 
components must be installed, to comply with the Bumper Standard found 
in 49 CFR part 581.
    The petitioner also states that a vehicle identification number 
plate must be affixed to the vehicle to comply with 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 Section, National Highway Traffic Safety 
Administration, Room 5109, 400 Seventh Street, S.W., Washington, DC 
20590. 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 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.

    Issued on: October 6, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-26923 Filed 10-9-97; 8:45 am]
BILLING CODE 4910-59-P