64468 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices

Subpart Q of the Regulations, applies

for amendment of its foreign air

carrier permit to operate scheduled

and nonscheduled foreign air

transportation of persons, property

and mail to and from any point in the

territory of Canada to and from any

point in the territory of the United

States, including at its option two or

more points in the territory of the

United States in a through-service

carrying no local passengers or cargo

between points in the territory of the

United States.

Paulette V. Twine,

Chief, Documentary Services Division.

[FR Doc. 95–30575 Filed 12–14–95; 8:45 am]

BILLING CODE 4910–62–P

National Highway Traffic Safety

Administration

[Docket No. 95–96; Notice 1]

Notice of Receipt of Petition for

Decision That Nonconforming 1992

and 1993 Mercedes-Benz 500SEL

Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic

Safety Administration, DOT.

ACTION: Notice of receipt of petition for

decision that nonconforming 1992 and

1993 Mercedes-Benz 500SEL passenger

cars are eligible for importation.

SUMMARY: This notice announces receipt

by the National Highway Traffic Safety

Administration (NHTSA) of a petition

for a decision that 1992 and 1993

Mercedes-Benz 500SEL passenger cars

that were not originally manufactured to

comply with all applicable Federal

motor vehicle safety standards are

eligible for importation into the United

States because (1) they are substantially

similar to vehicles that were originally

manufactured for importation into and

sale in the United States and that were

certified by their manufacturer as

complying with the safety standards,

and (2) they are capable of being readily

altered to conform to the standards.

DATES: The closing date for comments

on the petition is January 16, 1996.

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 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 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.

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.

G&K Automotive Conversion, Inc. of

Santa Ana, California (‘‘G&K’’)

(Registered Importer 90–007) has

petitioned NHTSA to decide whether

1992 and 1993 Mercedes-Benz 500SEL

(Model ID 140.051) passenger cars are

eligible for importation into the United

States. The vehicles which G&K believes

are substantially similar are the 1992

and 1993 Mercedes-Benz 500SEL

passenger cars that were manufactured

for importation into, and sale in, the

United States and certified by their

manufacturer, Daimler Benz A.G., as

conforming to all applicable Federal

motor vehicle safety standards.

The petitioner claims that it carefully

compared the non-U.S. certified 1992

and 1993 Mercedes-Benz 500SEL

passenger cars to their U.S. certified

counterparts, and found the vehicles to

be substantially similar with respect to

compliance with most Federal motor

vehicle safety standards.

G&K submitted information with its

petition intended to demonstrate that

the non-U.S. certified 1992 and 1993

Mercedes-Benz 500SEL passenger cars,

as originally manufactured, conform to

many Federal motor vehicle safety

standards in the same manner as their

U.S. certified counterparts, or are

capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that

the non-U.S. certified 1992 and 1993

Mercedes-Benz 500SEL passenger cars

are identical to their U.S. certified

counterparts 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, 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, 203 Impact

Protection for the Driver From the

Steering Control System, 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, and 302

Flammability of Interior Materials.

Petitioner also contends that the

vehicles are 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) placement of a seat belt

warning symbol on the seat belt warning

lamp; (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 headlamps

and front sidemarkers; (b) installation of

U.S.- model taillamp lenses 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 Mirror:

replacement of the passenger side

convex rearview mirror with a U.S.-

model component.

Standard No. 114 Theft Protection:

installation of a warning buzzer

microswitch and a warning buzzer in

the steering lock assembly.

Standard No. 115 Vehicle

Identification Number: installation of a

VIN plate that can be read from outside

the left windshield pillar, and a VIN
Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Notices 64469

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: installation of a seat belt

warning buzzer. The petitioner states

that all non-U.S. certified 1992 and 1993

Mercedes-Benz 500SEL passenger cars

built prior to September 1993 are

equipped with driver’s side air bags and

knee bolsters, and that those built after

September 1993 are equipped with both

driver’s and passenger’s side air bags

and knee bolsters. The petitioner further

states that these vehicles are equipped

with Type 2 seat belts in both front and

rear outboard seating positions.

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 between the

fuel tank and the evaporative emissions

collection canister.

Additionally, the petitioner states that

the bumpers on the non-U.S. certified

1992 and 1993 Mercedes-Benz 500SEL

passenger cars must be reinforced to

comply with the Bumper Standard

found in 49 CFR Part 581.

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, S.W.,

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: December 12, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95–30576 Filed 12–14–95; 8:45 am]

BILLING CODE 4910–59–P

[Docket No. 95–86; Notice 1]

Isis Imports Ltd. Receipt of Application

for Temporary Exemption From

Federal Motor Vehicle Safety

Standards No. 208 and 214

Isis Imports Ltd. of San Francisco,

California, (‘‘Isis’’) has applied for a

temporary exemption of two years from

paragraph S4.1.4 of Federal Motor

Vehicle Safety Standard No. 208

Occupant Crash Protection, and of three

years from Federal Motor Vehicle Safety

Standard No. 214 Side Impact

Protection. The basis of the application

is that compliance will cause substantial

economic hardship to a manufacturer

that has tried to comply with the

standard in good faith.

This notice of receipt of an

application is published in accordance

with the requirements of 49 U.S.C.

30113(b)(2) and does not represent any

judgment of the agency on the merits of

the application.

The make and type of passenger car

for which exemption is requested is the

Morgan open car or convertible. Morgan

Motor Company (‘‘Morgan’’), the British

manufacturer of the Morgan, has not

offered its vehicle for sale in the United

States since the early days of the Federal

motor vehicle safety standards. It is the

business of Isis to buy incomplete

Morgan cars from the British

manufacturer and import them as motor

vehicle equipment, completing

manufacture by the addition of engine

and fuel system components. They

differ from their British counterparts,

not only in equipment items and

modifications necessary for compliance

with the Federal motor vehicle safety

standards, but also in their fuel system

components and engines, which are

propane fueled. As the party completing

manufacture of the vehicle, Isis certifies

its conformance to all applicable

Federal safety and bumper standards.

The vehicle completed by Isis in the

U.S. is deemed sufficiently different

from the one produced in Britain that

NHTSA considers Isis the manufacturer,

not a converter, even though the brand

names are the same.

Morgan itself produced around 470

cars in 1994, while in the year

preceding the filing of its petition in

September 1995, Isis produced 14 cars

for sale in the United States. Twice

previously NHTSA has exempted Isis

from compliance with the automatic

restraint requirements of Standard No.

208 on hardship grounds, the latest

exemption expiring November 1, 1995.

The staff of Isis consists of three full

time employees and one part time

employee. Its cumulative net income for

the years 1992–94 totals $34,694.

Application for Exemption From

Standard No. 208

Isis received NHTSA Exemptions Nos.

89–4 and 92–7 from S4.1.2.1 and

S4.1.2.2 of Standard No. 208,

respectively expiring October 1, 1992

and November 1, 1995 (54 FR 43647 and

57 FR 60564). Under the first

exemption, it had sought to comply

through a motorized belt system, then

concluded that an air bag system would

be preferable. At the time that its second

exemption was granted, Isis had

received proposals from air bag

suppliers that it deemed prohibitive in

cost. However, it hoped to have access

to a system under development by

Range Rover, or to aftermarket retrofit

components.

According to the applicant, sufficient

progress has been made during its

second three-year exemption period that

it can foresee compliance in only two

more years. Morgan itself intends to

equip its cars with air bags and has

begun a test program towards this end.

To date, 5 of 6 Hy-ge sled tests have

been conducted. Body modifications are

being engineered. Morgan is currently

negotiating for ‘‘multi-point sensor air

bag components’’, and estimates that it

will take 12 to 18 months to complete

the project ‘‘once we are given

permission to use the components, most

of which have already been sourced.’’

Until such time, Isis will continue to

use manual three-point restraint systems

in its cars.

Application for Exemption from

Standard No. 214

Isis claims that it has insufficient

resources to work towards compliance

with those requirements until its work

on complying with Standard No. 208 is

completed. It has had discussions with

the British Motor Industry Research

Association to identify the components

that may require alteration, such as the

door latches and interior padding. In its

view, ‘‘it would not be prudent to test

for side impact until we complete our

modifications of the seating area and

knee bolster assembly and finalize the

air bag configuration, as changes in this

area would be reflected in the

performance of the vehicle in sideimpact testing.’’ It does, however, meet

the previous side door strength

requirements of the standard, and will

work towards compliance during the

three-year exemption period for which

it has asked. Were the phase-in

requirement of S8 applied to it,

calculated on the basis of its limited