Receipt of Petition for Decision That Nonconforming 2006 and 2007 Mercedes Benz G-Class Long-Wheelbase MPVs Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0045]

Receipt of Petition for Decision That Nonconforming 2006 and 2007 Mercedes Benz G-Class Long-Wheelbase MPVs Are Eligible for Importation

AGENCY:

National Highway Traffic Safety Administration, DOT.

ACTION:

Notice of petition.

SUMMARY:

The National Highway Traffic Safety Administration (NHTSA) has received a petition to decide that 2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB multipurpose passenger vehicles (MPVs) that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards (FMVSS) are eligible for importation into the United States because: (1) They are substantially similar to vehicles that were originally manufactured for sale in the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-certified 2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPV), and (2) they are capable of being readily altered to conform to the standards.

DATES:

The closing date for comments on the petition is May 14, 2010.

ADDRESSES:

Comments should refer to the docket and notice numbers above and be submitted by any of the following methods:

•

Federal eRulemaking Portal:

Go to

http://www.regulations.gov

. Follow the online instructions for submitting comments.

•

Mail:

Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001

•

Hand Delivery or Courier:

West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.

•

Fax:

202-493-2251.

Instructions:

Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to

http://www.regulations.gov

, including any personal information provided. Please see the Privacy Act heading below.

Privacy Act:

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 (65 FR 19477-78).

How to Read Comments submitted to the Docket:

You may read the comments received by Docket Management at the address and times given above. You may also view the documents from the Internet at

http://www.regulations.gov

. Follow the online instructions for accessing the dockets. The docket ID number and title of this notice are shown at the heading of this document notice. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material.

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 FMVSS 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 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 FMVSS.

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. Technologies, LLC, of Baltimore, Maryland (J.K.) (Registered Importer 90-006) has petitioned NHTSA to decide whether nonconforming 2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs are eligible for importation into the United States. The vehicles which J.K. believes are substantially similar are 2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs that were manufactured for sale in the United States and certified by their manufacturer as conforming to all applicable FMVSS.

The petitioner claims that it carefully compared non-U.S. certified 2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs, to their U.S.-certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS.

J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs, as originally manufactured, conform to many FMVSS 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 2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs, are identical to their U.S.-certified counterparts with respect to compliance with Standard Nos. 102

Transmission Shift Lever Sequence, Starter Interlock, and Transmission Braking Effect,

103

Windshield Defrosting and Defogging Systems,

104

Windshield Wiping and Washing Systems,

106

Brake Hoses,

113

Hood Latch System,

116

Motor Vehicle Brake Fluids,

124

Accelerator Control Systems,

135

Light Vehicle Brake Systems,

139

New Pneumatic Radial Tires for Light Vehicles,

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,

210

Seat Belt Assembly Anchorages,

212

Windshield Mounting,

214

Side Impact Protection,

216

Roof Crush Resistance,

219

Windshield Zone Intrusion,

301

Fuel System Integrity,

and 302

Flammability of Interior Materials.

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) Replacement of the instrument cluster with a U.S.-model component; (b) installation or activation of the U.S.-version control and display software; and (c) installation of a U.S.-model cruise control lever.

Standard No. 108

Lamps, Reflective Devices and Associated Equipment:

Installation of the following U.S.-model components on vehicles that are not already so equipped: (a) Front sidemarker lamps; (b) headlamps; and (c) tail lamps with integral rear side marker lamps.

Standard No. 110

Tire Selection and Rims and Motor Home/Recreational Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or Less:

Installation of a tire information placard.

Standard No. 111

Rearview Mirrors:

Installation of a U.S.-model passenger side rearview mirror, or inscription of the required warning statement on the face of that mirror on all vehicles not already so equipped.

Standard No. 114

Theft Protection:

Installation of U.S.-version software on all vehicles not already so equipped.

Standard No. 118

Power-Operated Window, Partition, and Roof Panel Systems:

Installation or activation of U.S.-version software in the vehicle's computer system to meet the requirements of this standard on vehicles that do not already have this software installed or activated.

Standard No. 138

Tire Pressure Monitoring Systems:

Inspection of all vehicles and installation of a conforming tire monitoring system on vehicles not already so equipped.

Standard No. 208

Occupant Crash Protection:

Installation or activation of U.S.-version software to ensure that the seat belt warning system meets the requirements of this standard.

The petitioner states that the occupant crash protection systems used in these vehicles are identical to the U.S.-version with the exception of the front and rear passenger seat belt assemblies. All seat belt assemblies with the exception of the driver's seat belt assembly must be replaced with ones that meet the requirements of FMVSS No. 208 and FMVSS No. 209.

Standard No. 209

Seat Belt Assemblies:

All seat belt assemblies with the exception of the driver's seat belt assembly must be replaced with ones that meet the requirements of FMVSS No. 208 and FMVSS No. 209.

Standard No. 225

Child Restraint Anchorage Systems:

Installation of U.S.-model child restraint anchorage system components that meet the requirements of FMVSS No. 225.

The petitioner additionally 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.

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 addresses 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 8, 2010.

Claude H. Harris,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 2010-8483 Filed 4-13-10; 8:45 am]

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