Notice of Receipt of Petition for Decision That Nonconforming 2001-2002 Mercedes Benz C-320 (203) Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17647]

Notice of Receipt of Petition for Decision That Nonconforming 2001-2002 Mercedes Benz C-320 (203) Passenger Cars Are Eligible for Importation

AGENCY:

National Highway Traffic Safety Administration, DOT.

ACTION:

Notice of receipt of petition for decision that nonconforming 2001-2002 Mercedes Benz C-320 (203) passenger cars are eligible for importation.

SUMMARY:

This document announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a decision that 2001-2002 Mercedes Benz C-320 (203) 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 June 3, 2004.

ADDRESSES:

Comments should refer to the docket number and notice number, and be submitted to: Docket Management, Room PL-401, 400 Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 am to 5 pm]. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the

Federal Register

published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit

http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151).

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

.

Automobile Concepts of North Miami, Florida (Registered Importer 01-278) has petitioned NHTSA to decide whether 2001-2002 Mercedes Benz C-320 (203) passenger cars are eligible for importation into the United States. The vehicles that Automobile Concepts believes are substantially similar are 2001-2002 Mercedes Benz C-320 (203) passenger cars that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable Federal motor vehicle safety standards.

The petitioner claims that it compared non-U.S. certified 2001-2002 Mercedes Benz C-320 (203) 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.

Automobile Concepts submitted information with its petition intended to demonstrate that non-U.S. certified 2001-2002 Mercedes Benz C-320 (203) 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 non-U.S. certified 2001-2002 Mercedes Benz C-320 (203) passenger cars are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 102

Transmission Shift Lever Sequence,

103

Defrosting and Defogging Systems,

104

Windshield Wiping and Washing Systems,

106

Brake Hoses,

109

New Pneumatic Tires,

113

Hood Latch Systems,

116

Brake Fluid,

124

Accelerator Control Systems,

135

Passenger Car Brake 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,

212

Windshield Mounting,

214

Side Impact Protection,

216

Roof Crush Resistance,

219

Windshield Zone Intrusion,

225

Child Restraint Anchorage Systems,

and 302

Flammability of Interior Materials.

In addition, the petitioner claims that the vehicles comply with the Bumper Standard found in 49 CFR Part 581.

The 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) Inscription of the word “brake” on the instrument cluster in place of the international ECE warning symbol or installation of a U.S.-model instrument cluster; (b) modification of the speedometer to read in miles per hour by downloading U.S. version software information or replacement of the speedometer through the installation of a U.S.-model instrument cluster.

Standard No. 108

Lamps, Reflective Devices and Associated Equipment:

installation of the following components on vehicles that are not already so equipped: (a) U.S.-model headlamps; (b) U.S.-model front sidemarker lights that incorporate reflex reflectors; (c) U.S.-model taillamp assemblies that incorporate rear sidemarker lights and reflex reflectors.

Standard No. 110

Tire Selection and Rims:

installation of a tire information placard.

Standard No. 111

Rearview Mirrors:

inscription of the required warning statement on the passenger side rearview mirror.

Standard No. 114

Theft Protection:

reprogramming of the vehicle's computers to the U.S.-mode to ensure compliance with the standard.

Standard No. 118

Power-Operated Window Partition, and Roof Panel Systems:

reprogramming of the vehicle's computers to the U.S.-mode to ensure compliance with the standard.

Standard No. 208

Occupant Crash Protection:

(a) reprogramming of the vehicle's computers to the U.S.-mode to activate the audible seatbelt warning buzzer; (b) inspection of all vehicles and installation of U.S.-model components, as necessary, to ensure compliance with the standard. The petitioner states that the vehicles are equipped with dual front air bags and knee bolsters, and with combination lap and shoulder belts at the outboard front and rear seating positions that are self-tensioning and capable of being released by means of a single red push button.

Standard No. 209

Seat Belt Assemblies:

inspection of all vehicles and installation of U.S.-model components on vehicles that are not already so equipped to ensure compliance with the standard.

Standard No. 210

Seat Belt Assembly Anchorages:

inspection of all vehicles and installation of U.S.-model components on vehicles that are not already so equipped to ensure compliance with the standard.

Standard No. 301

Fuel System Integrity:

inspection of all vehicles and installation of U.S.-model components

on vehicles that are not already so equipped, to ensure compliance with the standard.

Standard No. 401

Interior Trunk Release:

installation of U.S.-model components, on vehicles manufactured after on or after September 1, 2001, that are not already so equipped, to ensure compliance with the standard.

Petitioner states that all vehicles must be inspected to ensure compliance with the Theft Prevention Standard at 49 CFR Part 541 and that U.S.-model anti-theft devices will be installed, as necessary, on vehicles that are not already so equipped. The petitioner expressed the belief that the vehicles do in fact comply with this standard.

The petitioner also states that a vehicle identification plate must be affixed to the vehicles near the left windshield post to meet the requirements of 49 CFR Part 565.

Interested persons are invited to submit comments on the petition described above. Comments should refer to the docket number and be submitted to: Docket Management, Room PL-401, 400 Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 am to 5 pm]. 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 27, 2004.

Claude H. Harris,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 04-10119 Filed 5-3-04; 8:45 am]

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