Notice of Receipt of Petition for Decision That Nonconforming 1992 Mercedes-Benz 300SL Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-91; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1992 Mercedes-Benz 300SL Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1992 Mercedes-Benz 300SL 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 1992

Mercedes-Benz 300SL 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 December 13,

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 Street SW.,

Washington, DC 20590. [Docket hours are from 9:30 am to 4 pm].

FOR FURTHER INFORMATION CONTACT:

George Entwistle, 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 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. 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.

Liphardt and Associates, Inc. of Ronkonkoma, New York

(``Liphardt'') (Registered Importer 90-004) has petitioned NHTSA to

decide whether 1992 Mercedes-Benz 300SL (Body Style 129) passenger cars

are eligible for importation into the United States. The vehicle which

Liphardt believes is substantially similar is the 1992 Mercedes-Benz

300SL 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 1992 Mercedes-Benz 300SL 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.

Liphardt submitted information with its petition intended to

demonstrate that the non-U.S. certified 1992 Mercedes-Benz 300SL, 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

1992 Mercedes-Benz 300SL 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, 111

Rearview Mirrors, 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, 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, 301 Fuel System Integrity, and 302 Flammability of Interior

Materials.

Additionally, the petitioner states that the non-U.S. certified

1992 Mercedes-Benz 300SL complies with the Bumper Standard found in 49

CFR Part 581.

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) installation of U.S.-model speedometer/odometer

assembly.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamp assemblies and

sidemarkers; (b) installation of U.S.-model taillamp assemblies; (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 passenger side

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

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

relay

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and 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, 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 knee bolsters to augment

the vehicle's air bag-based passive restraint system, which otherwise

conforms to the standard. The petitioner states that the vehicle is

also equipped with Type 2 seat belts.

Standard No. 214 Side Impact Protection: installation of

reinforcing tubes.

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

10590. 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.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-27923 Filed 11-9-95; 8:45 am]

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