[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Notices]
[Pages 1485-1486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-602]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-106; Notice 2]


Decision That Nonconforming 1997 Mercedes-Benz Gelaendewagen Type 
463 Multi-Purpose Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1997 Mercedes-
Benz Gelaendewagen Type 463 multi-purpose passenger vehicles (MPVs) are 
eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1997 
Mercedes-Benz Gelaendewagen Type 463 MPVs not originally manufactured 
to comply with all applicable Federal motor vehicle safety standards 
are eligible for importation into the United States because they have 
safety features that comply with, or are capable of being altered to 
comply with, all such standards.

DATES: The decision is effective January 10, 1997.

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

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 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. Where there is no substantially 
similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits 
a nonconforming motor vehicle to be admitted into the United States if 
its safety features comply with, or are capable of being altered to 
comply with, all applicable Federal motor vehicle safety standards 
based on destructive test data or such other evidence as NHTSA decides 
to be adequate.
    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 determination 
in the Federal Register.

[[Page 1486]]

    Europa International, Inc. of Santa Fe, New Mexico (``Europa'') 
(Registered Importer No. R-91-002) petitioned NHTSA to decide whether 
1997 Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for 
importation into the United States. NHTSA published notice of the 
petition on October 9, 1996 (61 FR 52990) to afford an opportunity for 
public comment. As described in the notice of the petition, Europa 
claimed that the 1997 Mercedes-Benz Gelaendewagen Type 463 MPV has 
safety features that comply with Standard Nos. 102  Transmission Shift 
Lever Sequence * * * (based on visual inspection and operation), 103  
Defrosting and Defogging Systems (based on visual inspection), 104  
Windshield Wiping and Washing Systems (based on operation), 113  Hood 
Latch Systems (based on information in owner's manual describing 
operation of secondary latch mechanism), 116  Brake Fluids (based on 
visual inspection of certification markings and information in owner's 
manual describing fluids installed at factory), 119  New Pneumatic 
Tires for Vehicles Other Than Passenger Cars (based on visual 
inspection of certification markings), 124  Accelerator Control Systems 
(based on operation and comparison to U.S.-certified vehicles), 201  
Occupant Protection in Interior Impact (based on test data and 
certification of vehicle to European standard), 202  Head Restraints 
(based on Standard No. 208 test data for prior model year vehicle with 
same head restraint and certification of vehicle to European standard), 
204  Steering Control Rearward Displacement (based on test film for 
prior model year vehicle), 205  Glazing Materials (based on visual 
inspection of certification markings), 207  Seating Systems (based on 
test results and certification of vehicle to European standard), 209  
Seat Belt Assemblies (based on wiring diagram of seat belt warning 
system and visual inspection of certification markings), 211  Wheel 
Nuts, Wheel Discs and Hubcaps (based on visual inspection), 214  Side 
Impact Protection (based on test results for prior model year vehicle), 
and 219  Windshield Zone Intrusion (based on test results and 
certification information for prior model year vehicle).
    The petitioner also contended that the 1997 Mercedes-Benz 
Gelaendewagen Type 463 MPV is capable of being altered to comply with 
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 speedometer/odometer calibrated 
in miles per hour.
    Standard No. 108  Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model sealed beam headlamps; (b) 
installation of U.S.-model side marker lamps and reflectors; (c) 
installation of a high mounted stop lamp. The petitioner asserted that 
testing performed on the taillamp reveals that it complies with the 
standard, even though it lacks a DOT certification marking, and that 
all other lights are DOT certified.
    Standard No. 111  Rearview Mirrors: inscription of the required 
warning statement on the convex surface of the passenger side rearview 
mirror.
    Standard No. 114  Theft Protection: installation of a warning 
buzzer in the steering lock electrical circuit.
    Standard No. 118  Power-Operated Window Systems: rewiring of the 
power window system so that the window transport is inoperative when 
the front doors are open.
    Standard No. 120  Tire Selection and Rims for Vehicles other than 
Passenger Cars: installation of a tire information placard. The 
petitioner asserted that even though the tire rims lack a DOT 
certification marking, they comply with the standard, based on their 
manufacturer's certification that they comply with the German TUV 
regulations, as well as their certification by the British Standards 
Association and the Rim Association of Australia.
    Standard No. 206  Door Locks and Door Retention Components: 
installation of interior locking buttons on all door locks and 
modification of rear door locks to disable latch release controls when 
locking mechanism is engaged.
    Standard No. 208  Occupant Crash Protection: (a) installation of 
complying driver's and passenger's side air bag systems; (b) 
installation of a seat belt warning system; (c) placement of an air bag 
warning label on the visors of vehicles manufactured after November 
1996. The petitioner stated that the vehicle will meet frontal impact 
test requirements with structural modifications described in a 
submission that has been granted confidentiality by NHTSA's Office of 
Chief Counsel under 49 CFR Part 512.
    Standard No. 210  Seat Belt Assembly Anchorages: insertion of 
instructions on the installation and use of child restraints in the 
owner's manual for the vehicle. The petitioner certified that the 
vehicle complies with this standard on the basis of tests performed to 
the standard's requirements by an independent testing and engineering 
laboratory.
    Standard No. 212  Windshield Retention: application of cement to 
the windshield's edges.
    Standard No. 301  Fuel System Integrity: installation of a rollover 
valve.
    Standard No. 302  Flammability of Interior Materials: treatment of 
fabric seating surfaces with a flame-proof spray.
    The petitioner additionally stated that a vehicle identification 
number (VIN) plate must be attached to the vehicle's dash so that it is 
visible to an observer at the driver's side ``A'' pillar, as required 
by 49 CFR Part 565. The petitioner also stated that a vehicle rollover 
warning statement must be inserted in the owner's manual and on a 
sticker affixed to the driver's side visor of short wheelbase 
Gelaendewagens, as required by 49 CFR 575.105.
    No comments were received in response to the notice of the 
petition. Based on its review of the information submitted by the 
petitioner, NHTSA has decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final determination 
must indicate on the form HS-7 accompanying entry the appropriate 
vehicle eligibility number indicating that the vehicle is eligible for 
entry. VCP-15 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1997 Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for 
importation into the United States because they have safety features 
that comply with, or are capable of being altered to comply with, all 
applicable Federal motor vehicle safety standards.

    Authority: 49 U.S.C. Sec. 30141 (a)(1)(B) and (b)(1); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on January 6, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-602 Filed 1-9-97; 8:45 am]
BILLING CODE 4910-59-P