Notice of Receipt of Petition for Decision that Nonconforming 1990 Mercedes-Benz 190E Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-94; Notice 1]

Notice of Receipt of Petition for Decision that Nonconforming

1990 Mercedes-Benz 190E Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1990 Mercedes-Benz 190E 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 decision that a 1990

Mercedes-Benz 190E 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 altered to conform to the standards.

DATES: The closing date for comments on the petition is January 5,

1995.

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. 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.

Petitions for eligibility decisions 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 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.

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

(Registered Importer 90-007) has petitioned NHTSA to decide whether

1990 Mercedes-Benz 190E (Model ID 201.036) passenger cars are eligible

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

is substantially similar is the 1990 Mercedes-Benz 190E 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 claims that it carefully compared the non-U.S.

certified 1990 Mercedes-Benz 190E to its U.S. certified counterpart,

and found the two vehicles to be substantially similar with respect to

compliance with most Federal motor vehicle safety standards.

G&K submitted information with its petition intended to demonstrate

that the non-U.S. certified 1990 Mercedes-Benz 190E, 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 altered to conform to those standards.

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

1990 Mercedes-Benz 190E is identical to its U.S. certified counterpart

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, 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, and 219 Windshield Zone

Intrusion.

Petitioner also contends that the vehicle is capable of being

readily altered 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) placement of a seat belt warning symbol on the 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 Mirror: replacement of the convex

passenger side rearview mirror with a U.S.-model component.

Standard No. 114 Theft Protection: installation of a warning 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. 206 Door Locks and Door Retention Components:

installation of U.S.-model rear door locks.

Standard No. 208 Occupant Crash Protection: installation of a seat

belt warning buzzer. The petitioner claims that the vehicle is equipped

with Type 2 seat belts in all seating positions that conform to the

standard. Additionally, the petitioner claims that the vehicle is

equipped with an air bag and knee bolster that conform to the

standard's requirements for passive restraints.

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., and 302 Flammability of

Interior Materials.

Additionally, the petitioner states that the bumpers on the non-

U.S. certified 1990 Mercedes-Benz 190E 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, S.W., 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: December 1, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-29996 Filed 12-5-94; 8:45 am]

BILLING CODE 4910-59-M