[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Notices]
[Pages 65126-65127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32344]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-97-3189]


Notice of Receipt of Petition for Decision That Nonconforming 
1994-1998 Mercedes-Benz S320 Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1994-1998 Mercedes-Benz S320 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 1994-
1998 Mercedes-Benz S320 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 January 9, 
1998.

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 10 am to 
5 pm]

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 
(``Champagne'')(Registered Importer 90-009) has petitioned NHTSA to 
decide whether 1994-1998 Mercedes-Benz S320 passenger cars are eligible 
for importation into the United States. The vehicles which Champagne 
believes are substantially similar are the 1994-1998 Mercedes-Benz S320 
that were manufactured for importation into, and sale in, the United 
States and certified by their manufacturer, Daimler Benz, A.G., as 
conforming to all applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
1994-1998 Mercedes-Benz S320 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.
    Champagne submitted information with its petition intended to 
demonstrate that non-U.S. certified 1994-1998 Mercedes-Benz S320 
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 1994-
1998 Mercedes-Benz S320 passenger cars are identical to their U.S. 
certified counterparts 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.
    Additionally, the petitioner states that non-U.S. certified 1994-
1998 Mercedes-Benz S320 passenger cars comply with the Bumper Standard 
found in 49 CFR Part 581.
    Petitioner also contends that non-U.S. certified 1994-1998 
Mercedes-Benz S320 passenger cars 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) 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.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirror: replacement of the passenger side 
rearview mirror.
    Standard No. 114 Theft Protection: installation of a warning buzzer 
microswitch and a warning buzzer in the steering lock assembly.
    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 rear door locking buttons with 
U.S.-model components.

[[Page 65127]]

    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 and passenger's side air bags 
and knee bolsters if these are not 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 in each front designated 
seating position, with combination lap and shoulder restraints that 
release by means of a single push button in 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.
    Petitioner states that a vehicle identification number plate will 
be affixed to non-U.S. certified 1994-1998 Mercedes-Benz S320 passenger 
cars 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 Management, Room PL-401, 400 Seventh St., SW, 
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: December 5, 1997.
Marilynne Jacobs,
Director Office of Vehicle Safety Compliance.
[FR Doc. 97-32344 Filed 12-9-97; 8:45 am]
BILLING CODE 4910-59-P