Wisconsin Central Ltd.Trackage Rights ExemptionThe Chicago, Central & Pacific Railroad Company

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-19; Notice 2]

Determination That Nonconforming 1990, 1991, 1992, and 1994

Mercedes-Benz Gelaendewagen 300GE (Long Wheel Base Type 463) Multi-

Purpose Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of determination by NHTSA that nonconforming 1990, 1991,

1992, and 1994 Mercedes-Benz Gelaendewagen 300 GE (long wheel base Type

463) multi-purpose passenger vehicles (MPVs) are eligible for

importation.

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SUMMARY: This notice announces the determination by NHTSA that 1990,

1991, 1992, and 1994 Mercedes-Benz Gelaendewagen 300GE (long wheel base

Type 463) MPVs that were not originally manufactured to comply with all

applicable Federal motor vehicle safety standards are eligible for

importation into the United States because they have safety features

that comply with, or are capable of being modified to comply with, all

such standards.

DATES: The determination is effective as of the date of its publication

in the Federal Register.

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)(I) of the National Traffic and Motor

Vehicle Safety Act (the Act), 15 U.S.C. 1397 (c)(3)(A)(i)(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. Where there is no substantially

similar U.S.-certified motor vehicle, section 108(c)(3)(A)(i)(II) of

the Act, 15 U.S.C. 1397(c)(3)(A)(i)(II), permits a nonconforming motor

vehicle to be admitted into the United States if its safety features

comply with, or are capable of being modified to comply with, all

applicable Federal motor vehicle safety standards based on destructive

test data or such other evidence as NHTSA determines to be adequate.

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.

Europa International, Inc. of Santa Fe, New Mexico (Registered

Importer No. R-91-002) petitioned NHTSA to determine whether 1990,

1991, 1992, and 1994 Mercedes-Benz Gelaendewagen 300GE (long wheel base

Type 463) MPVs are eligible for importation into the United States.

NHTSA published notice of the petition on March 29, 1994 (59 FR 14708)

to afford an opportunity for public comment. As described in that

notice, the petitioner claimed that 1990, 1991, 1992, and 1994

Mercedes-Benz Gelaendewagen 300GE (long wheel base Type 463) MPVs have

safety features that comply with Standard Nos. 102 Transmission Shift

Lever Sequence * * *. (based on visual inspection and operation), 103

Defrosting and Defogging Systems (based on inspection), 104 Windshield

Wiping and Washington Systems (based on operation), 105 Hydraulic Brake

Systems (based on documented testing), 106 Brake Hoses (based on visual

inspection of certification markings), 107 Reflecting Surfaces (based

on visual inspection), 113 Hood Latch Systems (based on information in

owner's manual describing operation of secondary latch mechanism), 116

Brake Fluids (based on visual inspection of certification markings and

information in owner's manual describing fluids installed at factory),

119 New Pneumatic Tires for Vehicles other than Passenger Cars (based

on visual inspection of certification markings), 124 Accelerator

Control Systems (based on operation and comparison to U.S.-certified

equipment), 201 Occupant Protection in Interior Impact (based on test

film and certification of vehicle to European standard), 202 Head

Restraints (based on test film and certification of vehicle to European

standard), 204 Steering Control Rearward Displacement (based on test

film), 205 Glazing Materials (based on visual inspection of

certification markings), 207 Seating Systems, (based on undocumented

test results and certification of vehicle to European standard), 209

Seat Belt Assemblies (based on certification markings and schematic

diagram of seat belt warning system), 211 Wheel Nuts, Wheel Discs and

Hubcaps (based on visual inspection), 214 Side Impact Protection (based

on test results), 219 Windshield Zone Intrusion (based on engineering

evaluation of Standard No. 208 compliance test film and test data), and

302 Flammability of Interior Materials (based on composition of

upholstery).

The petitioner also contended that 1990, 1991, 1992, and 1994

Mercedes-Benz Gelaendewagen 300GE (long wheel base Type 463) MPVs are

capable of being modified to comply with the following standards, in

the manner indicated:

Standard No. 101 Controls and Displays: substitution of a lens

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

indicator lamp.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model sealed beam headlamps; (b)

installation of U.S.-model side marker lamps and reflectors; (c)

installation of a high mounted stop lamp on vehicles manufactured after

September 1, 1993. The petitioner asserted that testing performed on

the taillamp reveals that it complies with the standard, even though it

lacks a DOT certification marking, and that all other lights are DOT

certified.

Standard No. 111 Rearview Mirrors: inscription of the required

warning statement on the convex surface of the passenger side rearview

mirror.

Standard No. 114 Theft Protection: installation of a warning buzzer

in the steering lock electrical circuit.

Standard No. 115 Vehicle Identification Number: installation of a

VIN plate that can be read from outside the left windshield pillar.

Standard No. 118 Power-Operated Window Systems: rewiring of the

power window system so that the window transport is inoperative when

the front doors are open.

Standard No. 120 Tire Selection and Rims for Vehicles other than

Passenger Cars: installation of a tire information placard. The

petitioner asserted that even though the tire rims lack a DOT

certification marking, they comply with the standard, based on their

manufacturer's certification that they comply with the German TUV

regulations, as well as their certification by the British Standards

Association and the Rim Association of Australia.

Standard No. 206 Door Locks and Door Retention Components:

installation of interior locking buttons on all door locks and

modification of rear door locks to disabled latch release controls when

locking mechanism is engaged.

Standard No. 208 Occupant Crash Protection: installation of a

complying driver's side air bag and a seat belt warning buzzer. The

petitioner asserted that the vehicle conforms to the standard's injury

criteria at the front passenger position based on a test report from

the vehicle's manufacturer.

Standard No. 210 Seat Belt Assembly Anchorages: insertion of

instructions on the installation and use of child restraints in the

owner's manual for the vehicle. The petitioner asserted that the

vehicle is certified as complying with a European standard that

contains more severe force application requirements than those of this

standard.

Standard No. 212 Windshield Retention: application of cement to the

windshield's edges.

The petitioner provided test data indicating that the vehicle

satisfied the frontal barrier requirements of Standard No. 301 Fuel

System Integrity. The petitioner also supplied data on a rear barrier

crash at 31 mph with crash forces approximating those required by the

standard. The data revealed that fuel leaked from the vent during the

rollover that was conducted as part of this test. The petitioner

installed a rollover valve in the fuel tank line to resolve that

problem. The petitioner also stated that the vehicle should comply with

the lateral impact test at the lower speed of 20 mph due to the

reinforcing structure surrounding the fuel tank and the placement of

the fuel lines inside the main frame of the vehicle. Based on its

analysis of information provided by the petitioner, as well as its

engineering judgment, the agency is satisfied that the vehicle will

comply with the side impact requirements of Standard No. 301.

No comments were received in response to the notice of the

petition. Based on its review of the information submitted by the

petitioner, NHTSA has determined to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

The importer of a vehicle admissible under any final determination

must indicate on the form HS-7 accompanying entry the appropriate

vehicle eligibility number indicating that the vehicle is eligible for

entry. VCP #5 is the vehicle eligibility number assigned to vehicles

admissible under this determination.

Final Determination

Accordingly, on the basis of the foregoing, NHTSA hereby determines

that 1990, 1991, 1992, and 1994 Mercedes-Benz Gelaendewagen 300GE (long

wheel base Type 463) MPVs are eligible for importation into the United

States because they have safety features that comply with, or are

capable of being modified to comply with, all applicable Federal motor

vehicle safety standards.

Authority: 15 U.S.C. 1397(c)(3)(A)(i)(II) and (C)(iii); 49 CFR

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

Issued on: May 20, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-12873 Filed 5-24-94; 8:45 am]

BILLING CODE 4910-59-M