[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Notices]
[Pages 26073-26074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11981]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-38; Notice 1]


Receipt of Petition for Decision That Nonconforming 1993 
Mercedes-Benz 230E Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1993 Mercedes-Benz 230E 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 1993 
Mercedes-Benz 230E 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 June 15, 1995.

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 Street SW., 
Washington, DC 20590. [Docket hours are from 9:30 am to 4 pm]

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 had 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.
    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.
    J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer 
No. R-90-006) has petitioned NHTSA to decide whether 1993 Mercedes-Benz 
230E (Model ID 124.023) passenger cars are eligible for importation 
into the United States. The vehicle which J.K believes is substantially 
similar is the 1993 Mercedes-Benz 300E. J.K. has submitted information 
indicating that Daimler Benz A.G., the company that manufactured the 
1993 Mercedes-Benz 300E, certified that vehicle as conforming to all 
applicable Federal motor vehicle safety standards and offered it for 
sale in the United States.
    The petitioner contends that it carefully compared the 1993 
Mercedes- [[Page 26074]] Benz 230E to the 1993 Mercedes-Benz 300E, and 
found the two models to be substantially similar with respect to 
compliance with most applicable Federal motor vehicle safety standards.
    J.K. submitted information with its petition intended to 
demonstrate that the 1993 Mercedes-Benz 230E, as originally 
manufactured, conforms to many Federal motor vehicle safety standards 
in the same manner as the 1993 Mercedes-Benz 300E that was offered for 
sale in the United States, or is capable of being readily altered to 
conform to those standards.
    Specifically, the petitioner claims that the 1993 Mercedes-Benz 
230E is identical to the certified 1993 Mercedes-Benz 300E with respect 
to compliance with Standards Nos. 102 Transmission Shift Lever Sequence 
* * *., 103 Defrosting and Defogging Systems, 104 Windshield Wiping and 
Washing System, 105 Hydraulic Brake Systems, 106 Brake Hoses, 107 
Reflecting Surfaces, 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, 211 Wheel Nuts, Wheel 
Discs and Hubcaps, 212 Windshield Retention, 216 Roof Crush Resistance, 
219 Windshield Zone Intrusion, 301 Fuel System Integrity, and 302 
Flammability of Interior Materials.
    Additionally, the petitioner states that the 1993 Mercedes-Benz 
230E complies with the Bumper Standard found in 49 CFR part 581.
    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 an ECE symbol on the brake failure 
indicator lamp; (b) 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 headlamps and front 
sidemarkers; (b) installation of U.S.--model taillamp assemblies which 
incorporate rear sidemarkers; (c) installation of a high mounted stop 
lamp.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Replacement of the passenger 
side rear view mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: Installation of a buzzer 
microswitch in the steering lock assembly, and a warning buzzer.
    Standard No. 115 Vehicle Identification Number: Installation of a 
VIN plate that can be read from outside the left windshield pillar, and 
a VIN reference label on the edge of the door or latch post nearest the 
driver.
    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 
seat belt warning buzzer, wired to the seat belt latch; (b) 
installation of a U.S.-model driver's and passenger's side air bags and 
knee bolsters. The petitioner states that the vehicle has shoulder 
harnesses in all outboard seating positions, both front and rear, and a 
lap belt in the middle rear seating position.
    Standard No. 214 Side Impact Protection: Installation of 
reinforcing beams.
    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: May 11, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-11981 Filed 5-15-95; 8:45 am]

BILLING CODE 4910-59-M