[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Pages 16888-16889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8921]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 97-019; Notice 1]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1990 Mercedes-Benz 420 SEC 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 a 1990 
Mercedes-Benz 420 SEC that was not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards is eligible 
for importation into the United States because (1) it is substantially 
similar to a vehicle that was originally manufactured for importation 
into and sale in the United States and that was certified by its 
manufacturer as complying with the safety standards, and (2) it is 
capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is May 8, 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. 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.
    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 
1990 Mercedes-Benz 420 SEC passenger cars are eligible for importation 
into the United States. The vehicle which Champagne believes is 
substantially similar is the 1990 Mercedes-Benz 560 SEC that was 
manufactured for importation into, and sale in, the United States and 
certified by its manufacturer, Daimler Benz, A.G., as conforming to all 
applicable Federal motor vehicle safety standards.

[[Page 16889]]

    The petitioner claims that it carefully compared the 1990 Mercedes-
Benz 420 SEC to the 1990 Mercedes-Benz 560 SEC, and found the two 
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 the 1990 Mercedes-Benz 420 SEC, as originally 
manufactured, conforms to many Federal motor vehicle safety standards 
in the same manner as the 1990 Mercedes-Benz 560 SEC, or is capable of 
being readily altered to conform to those standards.
    Specifically, the petitioner claims that the 1990 Mercedes-Benz 420 
SEC is identical to the 1990 Mercedes-Benz 560 SEC with respect to 
compliance with Standards 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, 206  Door Locks and Door 
Retention Components, 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 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 tail lamp 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 Mirror: Replacement of the convex 
passenger side rearview mirror.
    Standard No. 114  Theft Protection: Installation of a warning 
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. 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 vehicle is equipped with a combination lap and shoulder 
restraint that adjusts by means of an automatic retractor and releases 
by means of a single push button in each front designated seating 
position, and with a combination lap and shoulder restraint that 
releases by means of a single push button in each rear outboard 
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.
    Additionally, petitioner contends that the bumpers on the non-U.S. 
certified 1990 Mercedes-Benz 420 SEC must be reinforced or replaced 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 meet the requirements of 49 CFR 
part 565.
    Petitioner lastly states that prior to importation, the vehicle 
must be brought into compliance with the parts marking requirements of 
the Theft Prevention Standard found at 49 CFR part 541.
    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, 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: April 3, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-8921 Filed 4-7-97; 8:45 am]
BILLING CODE 4910-59-P