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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-62; Notice 1]

Receipt of Petition for Determination that Nonconforming 1991

Mercedes-Benz 230CE 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 230CE 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 230CE 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 August 22,

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 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 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(I)

of the National Traffic and Motor Vehicle Safety Act (the Act)), 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 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 49 U.S.C. 30115 (formerly 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.

G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')

(Registered Importer No. R-90-007) has petitioned NHTSA to determine

whether 1991 Mercedes-Benz 230CE (Model ID 124.043) passenger cars are

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

believes is substantially similar is the 1991 Mercedes-Benz 300CE. G&K

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

company that manufactured the 1991 Mercedes-Benz 300CE, 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 230CE to the

300CE, and found the two models to be substantially similar with

respect to compliance with most applicable Federal motor vehicle safety

standards.

G&K submitted information with its petition intended to demonstrate

that the 1991 model 230CE, as originally manufactured in the same

manner as the 1991 model 300CE 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 230CE is

identical to the certified 1991 model 300CE 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, 206 Door Locks and Door Retention

Components, 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 bumpers on the 1991

model 230CE must be reinforced to comply 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 sealed beam headlamps and

front sidemarkers; (b) installation of U.S.-model taillamp lenses 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 and a warning buzzer in the steering lock assembly.

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 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

seat belt warning buzzer; (b) installation of U.S.-model knee bolsters

to augment the vehicle's air bag based passive restraint system, which

otherwise conforms to the standard.

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 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: July 15, 1994.

William A. Boehly,

Associated Administrator for Enforcement.

[FR Doc. 94-17925 Filed 7-21-94; 8:45 am]

BILLING CODE 4910-59-M