Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 / Notices 38875

at a high temperature inside the

transaxle, it can lead to faster

transmission fluid leaks through the

crack. At the same time, the hydraulic

pressure decreases until the clutch

begins to slip. At worst, the hydraulic

pressure in the transmission could drop

to a level that could not hold the

forward drive clutch engaged, causing

no forward drive. Ford was aware of the

cracking piston problem, as shown by

TSB No. 94–24–7, and replaced the

aluminum piston with a steel one for

1996 and later model Windstars.

The petitioner alleged that the

cracked piston is a safety hazard

because it can disable forward drive

function of the transmission and cause

sudden loss of drive and subsequent

unexpected engagement of the

transmission.

Loss of forward drive function due to

the cracked piston is not a sudden

occurrence. Many transmission

slippages will occur prior to the loss of

forward drive. Further, this type of

clutch disengagement is generally

temporary. If the temperature inside

transmission drops and the hydraulic

pressure in the transmission increased,

the forward drive clutch may engage

again. The clutch re-engagement is

noticeable to the driver, who is able to

control the vehicle.

The agency has analyzed the available

information concerning the problem

alleged in the petition. Based on the

information obtained from the

evaluation of the ODI complaints and

analysis of potential failure modes of

the transmission, NHTSA believes that

cracking of the forward clutch piston on

the subject transaxle does not constitute

a safety hazard within the meaning of

Chapter 301.

For the reasons presented above, it is

unlikely that NHTSA would issue an

order for the notification and remedy of

a safety-related defect in the subject

vehicles at the conclusion of the

investigation requested in the petition.

Therefore, in view of the need to

allocate and prioritize NHTSA’s limited

resources to best accomplish the

agency’s safety mission, the petition is

denied.

Authority: 49 U.S.C. 30162(d); delegations

of authority at CFR 1.50 and 501.8.

Issued on: July 9, 1998.

Kenneth N. Weinstein,

Associate Administrator for Safety

Assurance.

[FR Doc. 98–19152 Filed 7–17–98; 8:45 am]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA–98–4074]

Decision That Nonconforming 1998

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 1998 MercedesBenz Gelaendewagen Type 463 multipurpose passenger vehicles (MPVs) are

eligible for importation.

SUMMARY: This notice announces the

decision by NHTSA that 1998

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 as of

July 20, 1998.

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)

(formerly section 108(c)(3)(A)(i)(I) of the

National Traffic and Motor Vehicle

Safety Act (the Act)), 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 (formerly section 114 of the Act),

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)

(formerly section 108(c)(3)(A)(i)(II) of

the Act, 15 U.S.C. 1397(c)(3)(A)(i)(II))

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.

Europa International, Inc. of Santa Fe,

New Mexico (Registered Importer No.

R–91–002) petitioned NHTSA to decide

whether 1998 Mercedes-Benz

Gelaendewagen Type 463 MPVs are

eligible for importation into the United

States. NHTSA published notice of the

petition on May 15, 1998 (63 FR 27118)

to afford an opportunity for public

comment. The reader is referred to that

notice for a thorough description of the

petition. No comments were received in

response to the notice. 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–16 is the vehicle eligibility number

assigned to vehicles admissible under

this determination.

Final Decision

Accordingly, on the basis of the

foregoing, NHTSA hereby decides that

1998 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. 30141(a)(1)(B) and

(b)(1); 49 CFR 593.8; delegations of authority

at 49 CFR 1.50 and 501.8.

Issued on: July 15, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98–19249 Filed 7–17–98; 8:45 am]

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