Receipt of Petition for Determination That Nonconforming 1990 Mercedes-Benz 500SEC Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-17; Notice 1]

Receipt of Petition for Determination That Nonconforming 1990

Mercedes-Benz 500SEC Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that

nonconforming 1990 Mercedes-Benz 500SEC 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 determination that a

1990 Mercedes-Benz 500SEC 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 modified to conform to the standards.

DATES: The closing date for comments on the petition is April 11, 1994.

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:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under section 108(c)(3)(A)(i) of the National Traffic and Motor

Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), a motor

vehicle that was not originally manufactured to conform to all

applicable Federal motor vehicle safety standards must be refused

admission into the United States on and after January 31, 1990, unless

NHTSA has determined that the motor vehicle is substantially similar to

a motor vehicle originally manufactured for importation into and sale

in the United States, certified under 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 modified to conform to all applicable

Federal motor vehicle safety standards.

Petitions for eligibility determinations 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 determines, 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.

Champagne Imports, Inc. of Lansdale, Pennsylvania, (``Champagne'')

(Registered Importer No. R-90-009) has petitioned NHTSA to determine

whether 1990 Mercedes-Benz 500SEC (Model ID 126.044) passenger cars are

eligible for importation into the United States. The vehicle which G&K

believes is substantially similar is the 1990 Mercedes-Benz 500SEC that

was manufactured for importation into, and sale in the United States,

and certified by its manufacturer, Daimler Benz A.G., as conforming to

all applicable Federal motor vehicle safety standards.

The petitioner contends that it carefully compared the non-U.S.

certified 1990 model 500SEC to its U.S. certified counterpart, and

found the two vehicles to be substantially similar with respect to

compliance with most applicable Federal motor vehicle safety standards.

Champagne submitted information with its petition intended to

demonstrate that the non-U.S. certified 1990 model 500SEC, as

originally manufactured, conforms to many Federal motor vehicle safety

standards in the same manner as its U.S. certified counterpart, or is

capable of being readily modified to conform to those standards.

Specifically, the petitioner claims that the non-U.S. certified

1990 model 500SEC is identical to its certified counterpart with

respect to compliance with Standard 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 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 1990 model 500SEC is capable of

being readily modified to meet the following standards, in the manner

indicated:

Standard No. 101 Controls and Display: (a) Substitution of a lens

marked ``Brake'' for a lens with an ECE symbol on the brake failure

indicator lamp; (b) installation of a seat belt warning lamp that

displays the seat belt symbol; (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 headlamp assemblies which

incorporate sealed beam 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's

outside rearview mirror, which is convex but does not bear the required

warning statement.

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-Operated 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

U.S.-model seat belt in the driver's seating position, or a belt

webbing-actuated microswitch in the driver's seat belt retractor; (b)

installation of an ignition switch-actuated seat belt warning lamp and

buzzer; (c) installation of knee bolsters to augment the vehicle's

airbag-based automatic restraint system. The petitioner claims that the

remaining components of the vehicle's automatic restraint system,

consisting of a driver's side air bag, sensor, and control unit, have

part numbers identical to those found on the U.S. certified 1990 model

500SEC.

Standard No. 214 Side Door Strength: Installation of reinforcing

beams.

Standard No. 301 Fuel System Integrity: Installation of a rollover

valve in the fuel tank vent line between the fuel and the evaporative

emissions collection canister.

Additionally, the petitioner states that the bumpers on the 1990

model 500SEC 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, 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: 15 U.S.C. 1397(c)(3)(A)(i)(I) and (C)(ii); 49 CFR

593.8; delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: February 24, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 93-5771 Filed 3-10-94; 8:45 am]

BILLING CODE 4910-59-M