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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 96-107; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1992 Mercedes-Benz 300TE 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 300TE 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 300TE 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 November 18,

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 a.m. to 4 p.m.]

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), 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,

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.

Pierre Enterprises, Southeast, Inc. of Ft. Pierce, Florida

(``Pierre'') (Registered Importer 93-016) has petitioned NHTSA to

decide whether 1992 Mercedes-Benz 300TE passenger cars are eligible for

importation into the United States. The vehicle which Pierre believes

is substantially similar is the 1992 Mercedes-Benz 300TE 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 300TE 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.

Pierre submitted information with its petition intended to

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

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Systems, 106 Brake Hoses, 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, 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,

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

1992 Mercedes-Benz 300TE 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) replacement of the speedometer/odometer with a

U.S.- model component.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlight assemblies; (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. 114 Theft Protection: installation of a warning

buzzer relay and a warning buzzer in the steering lock electrical

circuit.

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 the vehicle is equipped

with a U.S.-model driver's side air bag and knee bolster.

Standard No. 214 Side Impact Protection: installation of

reinforcing tubes.

Standard No. 301 Fuel System Integrity: installation of a rollover

valve.

Additionally, the petitioner states that a VIN plate must be

installed inside the non-U.S. certified 1992 Mercedes-Benz 300TE so

that it can be read from the left windshield pillar, and a VIN

reference label must be affixed to the edge of the door or latch post

nearest the driver, to satisfy the requirements of 49 CFR Part 565.

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: October 9, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-26564 Filed 10-16-96; 8:45 am]

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