Receipt of Petition for Determination That Nonconforming 1991 Mercedes-Benz 230E Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-41; Notice 1]

Receipt of Petition for Determination That Nonconforming 1991

Mercedes-Benz 230E Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that

nonconforming 1991 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 determination that a

1991 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 modified to conform to the standards.

DATES: The closing date for comments on the petition is June 24, 1994.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Section, room 5109. National

Highway Traffic Administration, 400 Seventh St., 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 shall 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 (Registered

Importer R-90-009) has petitioned NHTSA to determine whether 1991

Mercedes-Benz 230E (Model ID 124.023) passenger cars are eligible for

importation into the United States. The vehicle which Champagne

believes is substantially similar is the 1991 Mercedes-Benz 300E.

Champagne has submitted information indicating that Daimler Benz A.G.,

the company that manufactured the 1991 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 230E to the

300E, and found the two models 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 1991 model 230E, as originally manufactured,

conforms to many Federal motor vehicle safety standards in the same

manner as the 1991 model 300E that was offered for sale in the United

States, or is capable of being readily modified to conform to those

standards.

Specifically, the petitioner claims that the 1991 model 230E is

identical to the certified 1991 model 300E 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, 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.

Additionally, the petitioner states that the 1991 model 230E

complies with the Bumper Standard found in 49 CFR Part 581.

Petitioner also contends that the vehicle is capable of being

readily modified 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) installation of a 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 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

side rear view mirror, which is convex, but lacks 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 Window System: Rewiring of the power window

system so that the window transport is inoperative when the ignition is

switched off.

Standard No. 206 Door Locks and Door Retention Components:

Replacement of the rear door locks and locking buttons with U.S.-model

parts.

Standard No. 208 Occupant Crash Protection: (a) Installation of a

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

actuated microswitch inside the driver's seat belt retractor; (b)

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

buzzer; (c) installation of a factory-supplied knee bolster to augment

the vehicle's passive restraint system. The petitioner states that the

remaining components of the vehicle's passive restraint system,

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

part numbers identical to those found on the U.S. certified 1991 model

300E.

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 tank and the

evaporative emissions collection canister.

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 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: May 16, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-12683 Filed 5-24-94; 8:45 am]

BILLING CODE 4910-59-M