[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Notices]
[Pages 528-530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-105]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-81; Notice 2]


Decision That Nonconforming 1995 Mercedes-Benz Gelaendewagen G320 
(Long Wheel Base 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 1995 Mercedes- 
[[Page 529]] Benz Gelaendewagen G320 (long wheel base Type 463) multi-
purpose passenger vehicles are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1995 
Mercedes-Benz Gelaendewagen G320 (long wheel base 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.

DATE: The decision is effective January 4, 1995.

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

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. Sec. 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. Sec. 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. 
Sec. 30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act, 
15 U.S.C. Sec. 1397(c)(3)(A)(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 (``Europa'') 
(Registered Importer No. R-91-002) petitioned NHTSA to decide whether 
1995 Mercedes-Benz Gelaendewagen G320 (long wheel base Type 463) MPVs 
are eligible for importation into the United States. NHTSA published 
notice of the petition on October 3, 1994 (59 FR 50330) to afford an 
opportunity for public comment. That notice identified the vehicle that 
is the subject of the petition as a ``300GE Type 463 Gelaendewagen.'' 
In a letter dated November 23, 1994, Europa informed NHTSA that this 
vehicle is officially designated as the ``G320 Type 463 
Gelaendewagen.'' That designation is consequently used in this notice.
    As described in the notice of the petition, Europa claimed that 
Mercedes-Benz Gelaendewagen G320 (long wheel base Type 463) MPVs have 
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 inspection), 104 Windshield 
Wiping and Washing Systems (based on operation), 106 Brake Hoses (based 
on visual inspection of certification markings), 107 Reflecting 
Surfaces (based on visual inspection), 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 System (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 test data and 
certification of vehicle to European standard), 204 Steering Control 
Rearward Displacement (based on test film), 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 certification 
markings), 211 Wheel Nuts, Wheel Discs and Hubcaps (based on visual 
inspection), 214 Side Impact Protection (based on test results), 219 
Windshield Zone Intrusion (based on engineering evaluation of Standard 
No. 208 compliance test film and test data), and 302 Flammability of 
Interior Materials (based on composition of upholstery).
    The petitioner also contended that the 1995 Mercedes-Benz 
Gelaendewagen G320 (long wheel base 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. 105 Hydraulic Brake Systems: placement of warning 
label on brake fluid reservoir cap.
    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. 115 Vehicle Identification Number: installation of a 
VIN plate that can be read from outside the left windshield pillar.
    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: installation of a 
complying driver's side air bag and a seat belt [[Page 530]] warning 
buzzer. The petitioner asserted that the vehicle conforms to the 
standard's injury criteria at the front passenger position based on a 
test report from the vehicle's manufacturer.
    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 asserted that the 
vehicle is certified as complying with a European standard that 
contains more severe force application requirements than those of this 
standard.
    Standard No. 212 Windshield Retention: application of cement to the 
windshield's edges.
    The petitioner provided test data indicating that the vehicle 
satisfied the frontal barrier requirements of Standard No. 301 Fuel 
System Integrity. The petitioner also supplied data on a rear barrier 
crash at 31 mph with crash forces approximating those required by the 
standard. The data revealed that fuel leaked from the vent during the 
rollover that was conducted as part of this test. The petitioner 
installed a rollover valve in the fuel tank line to resolve that 
problem. The petitioner also stated that the vehicle should comply with 
the lateral impact test at the lower speed of 20 mph due to the 
reinforcing structure surrounding the fuel tank and the placement of 
the fuel lines inside the main frame of the vehicle.
    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-06 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 1995 Mercedes-Benz Gelaendewagen G320 (long wheel base 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 December 21, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 95-105 Filed 1-3-95; 8:45 am]
BILLING CODE 4910-59-P