Notice of Receipt of Petition for Decision That Nonconforming 1995 Mercedes-Benz Gelaendewagen 300GE (Long Wheel Base Type 463) Multi-Purpose Passenger Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-81; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1995 Mercedes-Benz Gelaendewagen 300GE (Long Wheel Base Type 463)

Multi-Purpose Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Request for comments on petition for decision that

nonconforming 1995 Mercedes-Benz Gelaendewagen 300GE (long wheel base

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

importation.

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SUMMARY: This notice requests comments on a petition submitted to the

National Highway Traffic Safety Administration (NHTSA) for a decision

that a 1995 Mercedes-Benz Gelaendewagen 300GE (long wheel base Type

463) MPV that was not originally manufactured to comply with all

applicable Federal motor vehicle safety standards is eligible for

importation into the United States because it has safety features that

comply with, or are capable of being altered to comply with, all such

standards.

DATES: The closing date for comments on the petition is November 2,

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 (202-366-5606).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. Sec. 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 decided

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. Sec. 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 altered to conform to

all applicable Federal motor vehicle safety standards. Where there is

no substantially similar U.S.-certified motor vehicle, 49 U.S.C.

Sec. 30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act,

15 U.S.C. Sec. 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 altered to comply with, all

applicable Federal motor vehicle safety standards based on destructive

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

Petitions for eligibility decisions may be submitted by either

manufacturers or importers who have registered with NHTSA pursuant to

40 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.

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

Importer No. R-91-002) has petitioned NHTSA to decide whether 1995

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

eligible for importation into the United States. Europa contends that

this vehicle is eligible for importation under 49 U.S.C.

Sec. 30141(a)(1)(B) because it has safety features that comply with, or

are capable of being altered to comply with, all applicable Federal

motor vehicle safety standards.

Specifically, the petitioner claims that the 1995 Mercedes-Benz

Gelaendewagen 300GE (long wheel base Type 463) MPV has 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

Washing Systems (based on operation), 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

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

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

Restraints (based on test data 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 test results

and certification of vehicle to European standard), 209 Seat belt

Assemblies (based on certification markings), 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 on upholstery).

The petitioner also contends that the 1995 Mercedes-Benz

Gelaendewagen 300GE (long wheel base Type 463) MPV is capable of being

altered to comply with 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 speedometer/odometer calibrated

in miles per hour.

Standard No. 105 Hydraulic Brake Systems: placement of warning

label on brake fluid reservoir cap.

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. The petitioner asserts 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: inscriptions 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 asserts 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 disable 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 asserts 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 asserts 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.

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 will be published

in the Federal Register pursuant to the authority indicated below.

Authority: 49 U.S.C. Sec. 30141(a)(1)(B) and (b)(1); 49 CFR

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

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-24297 Filed 9-30-94; 8:45 am]

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