Receipt of Petition for 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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-19; Notice 1]

Receipt of Petition for 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, DOT.

ACTION: Request for comments on petition for determination that

nonconforming 1990, 1991, 1992, and 1994 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

determination 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 closing date for comments on the petition is April 28, 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 (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under section 1089(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 afford

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 has 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.

Europa contends that these vehicles are eligible for importation under

section 108(c)(3)(A)(i)(II) of the Act, 15 U.S.C. 1397(c)(3)(A)(i)(II),

because they have safety features that comply with, or are capable of

being modified to comply with, all applicable Federal motor vehicle

safety standards.

Specifically, the petitioner claims that 1990, 1991, 1992, and 1994

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

safety features that comply with Standards 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), 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 Disc 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 contends that 1990, 1991, 192, 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 ``Barke'' 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 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: 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 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 field 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: 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: March 22, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-7350 Filed 3-28-94; 8:45 am]

BILLING CODE 4910-59-M