Notice of Receipt of Petition for Decision That Nonconforming 1992 and 1993 Mercedes-Benz 500SEL Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-96; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1992 and 1993 Mercedes-Benz 500SEL Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1992 and 1993 Mercedes-Benz 500SEL 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 1992

and 1993 Mercedes-Benz 500SEL passenger cars that were not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards are eligible for importation into the United States because

(1) they are substantially similar to vehicles that were originally

manufactured for importation into and sale in the United States and

that were certified by their manufacturer as complying with the safety

standards, and (2) they are capable of being readily altered to conform

to the standards.

DATES: The closing date for comments on the petition is January 16,

1996.

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. 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

1992 and 1993 Mercedes-Benz 500SEL (Model ID 140.051) passenger cars

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

G&K believes are substantially similar are the 1992 and 1993 Mercedes-

Benz 500SEL passenger cars that were manufactured for importation into,

and sale in, the United States and certified by their 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 and 1993 Mercedes-Benz 500SEL passenger cars to their

U.S. certified counterparts, and found the 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 1992 and 1993 Mercedes-Benz 500SEL

passenger cars, as originally manufactured, conform to many Federal

motor vehicle safety standards in the same manner as their U.S.

certified counterparts, or are capable of being readily altered to

conform to those standards.

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

1992 and 1993 Mercedes-Benz 500SEL passenger cars are identical to

their U.S. certified counterparts 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, 203 Impact Protection for the

Driver From the Steering Control System, 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, and 302 Flammability of Interior Materials.

Petitioner also contends that the vehicles are 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 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 passenger side

convex 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

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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: installation of a seat

belt warning buzzer. The petitioner states that all non-U.S. certified

1992 and 1993 Mercedes-Benz 500SEL passenger cars built prior to

September 1993 are equipped with driver's side air bags and knee

bolsters, and that those built after September 1993 are equipped with

both driver's and passenger's side air bags and knee bolsters. The

petitioner further states that these vehicles are equipped with Type 2

seat belts in both front and rear outboard seating positions.

Standard No. 214 Side Impact Protection: 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.

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

U.S. certified 1992 and 1993 Mercedes-Benz 500SEL passenger cars 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 12, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-30576 Filed 12-14-95; 8:45 am]

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