Notice of Receipt of Petition for Decision That Nonconforming 1994 Mercedes-Benz E500 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 96-40; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1994 Mercedes-Benz E500 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 E500 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 1994

Mercedes-Benz E500 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 May 24, 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).

[[Page 18189]]

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.

Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'')

(Registered Importer 90-009) has petitioned NHTSA to decide whether

1994 Mercedes-Benz E500 (Model ID 124.036) passenger cars are eligible

for importation into the United States. The vehicle which Champagne

believes is substantially similar is the 1994 Mercedes-Benz E500 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 1994 Mercedes-Benz E500 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.

Champagne submitted information with its petition intended to

demonstrate that the non-U.S. certified 1994 Mercedes-Benz E500, 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

1994 Mercedes-Benz E500 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, 219 Windshield Zone Intrusion,

and 302 Flammability of Interior Materials.

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

1994 Mercedes-Benz E500 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) inscription of the

word ``Brake'' on the brake failure indicator lamp lens; (b)

installation of a 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 headlamp assemblies which

incorporate headlamps with a DOT marking; (b) installation of U.S.-

model front and rear sidemarker/reflector assemblies; (c) installation

of U.S.- model taillamp assemblies; (d) 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.

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:

replacement of the rear door locks and locking buttons with U.S.- model

components.

Standard No. 208 Occupant Crash Protection: (a) installation of a

U.S.-model seat belt in the driver's position, or a belt webbing

actuated microswitch inside the driver's seat belt retractor; (b)

installation of an ignition switch actuated seat belt warning lamp and

buzzer. The petitioner states that the vehicle is equipped with an

automatic restraint system consisting of a driver's and passenger's

side air bag and knee bolster, and that these will be replaced with

U.S.-model components, if necessary. The petitioner further states that

the vehicle is equipped in each front designated seating position with

a combination lap and shoulder restraint that adjusts by means of an

automatic retractor and releases by means of a single push button. The

petitioner also states that the vehicle is equipped with a combination

lap and shoulder restraint that releases by means of a single push

button in both rear outboard designated seating positions, and with a

lap belt in the rear center designated seating position.

Standard No. 214 Side Impact Protection: installation of

reinforcing beams in the doors.

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.

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.

[[Page 18190]]

Issued on: April 18, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-10061 Filed 4-23-96; 8:45 am]

BILLING CODE 4910-59-P