Notice of Receipt of Petition for Decision That Nonconforming 1994 Mercedes-Benz SL280 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-89; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1994 Mercedes-Benz SL280 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1994 Mercedes-Benz SL280 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 decision that a 1994

Mercedes-Benz SL280 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 27,

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:

George Entwistle, 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 U.S.C. Part 592. As specified in 49 U.S.C. 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 & Associates, Inc. of Ronkonkoma, New York (``Liphardt'')

(Registered Importer R-90-004) has petitioned NHTSA to decide whether

1994 Mercedes-Benz SL280 (Body Style 129) passenger cars are eligible

for importation into the United States. The vehicle which Liphardt

believes is substantially similar is the 1994 Mercedes-Benz SL320.

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

the company that manufactured the 1994 Mercedes-Benz SL320, 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 1994

Mercedes-Benz SL280 to the 1994 Mercedes-Benz SL320, and found the two

models to be substantially similar with respect to compliance with most

applicable Federal motor vehicle safety standards.

Liphardt submitted information with its petition intended to

demonstrate that the 1994 Mercedes-Benz SL280, as originally

manufactured, conforms to many Federal motor vehicle safety standards

in the same manner as the 1994 Mercedes-Benz SL320 that was offered for

sale in the United States, or is capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that the 1994 Mercedes-Benz

SL280 is identical to the certified 1994 Mercedes-Benz SL320 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 1994 Mercedes-Benz

SL280 complies with the Bumper Standard found in 49 U.S.C. 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: substitution of a lens

marked ``Brake'' 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 headlamp assemblies and

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

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assemblies; (c) installation of a high mounted stop lamp.

Standard No. 110 Tire Selection and Rims: installation of a tire

information placard.

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

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 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; (c) installation of a knee bolster to augment

the vehicle's passive restraint system.

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

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: November 20, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-28800 Filed 11-24-95; 8:45 am]

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