Decision That Nonconforming 1997 Mercedes-Benz Gelaendewagen Type 463 Multi-Purpose Passenger Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 96-106; Notice 2]

Decision That Nonconforming 1997 Mercedes-Benz Gelaendewagen Type

463 Multi-Purpose Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1997 Mercedes-

Benz Gelaendewagen Type 463 multi-purpose passenger vehicles (MPVs) are

eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1997

Mercedes-Benz Gelaendewagen Type 463 MPVs not originally manufactured

to comply with all applicable Federal motor vehicle safety standards

are eligible for importation into the United States because they have

safety features that comply with, or are capable of being altered to

comply with, all such standards.

DATES: The decision is effective January 10, 1997.

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), 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, 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. Where there is no substantially

similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits

a nonconforming motor vehicle to be admitted into the United States if

its safety features comply with, or are capable of being altered to

comply with, all applicable Federal motor vehicle safety standards

based on destructive test data or such other evidence as NHTSA decides

to be adequate.

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 determination

in the Federal Register.

[[Page 1486]]

Europa International, Inc. of Santa Fe, New Mexico (``Europa'')

(Registered Importer No. R-91-002) petitioned NHTSA to decide whether

1997 Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for

importation into the United States. NHTSA published notice of the

petition on October 9, 1996 (61 FR 52990) to afford an opportunity for

public comment. As described in the notice of the petition, Europa

claimed that the 1997 Mercedes-Benz Gelaendewagen Type 463 MPV has

safety features that comply with Standard Nos. 102 Transmission Shift

Lever Sequence * * * (based on visual inspection and operation), 103

Defrosting and Defogging Systems (based on visual inspection), 104

Windshield Wiping and Washing Systems (based on operation), 113 Hood

Latch Systems (based on information in owner's manual describing

operation of secondary latch mechanism), 116 Brake Fluids (based on

visual inspection of certification markings and information in owner's

manual describing fluids installed at factory), 119 New Pneumatic

Tires for Vehicles Other Than Passenger Cars (based on visual

inspection of certification markings), 124 Accelerator Control Systems

(based on operation and comparison to U.S.-certified vehicles), 201

Occupant Protection in Interior Impact (based on test data and

certification of vehicle to European standard), 202 Head Restraints

(based on Standard No. 208 test data for prior model year vehicle with

same head restraint and certification of vehicle to European standard),

204 Steering Control Rearward Displacement (based on test film for

prior model year vehicle), 205 Glazing Materials (based on visual

inspection of certification markings), 207 Seating Systems (based on

test results and certification of vehicle to European standard), 209

Seat Belt Assemblies (based on wiring diagram of seat belt warning

system and visual inspection of certification markings), 211 Wheel

Nuts, Wheel Discs and Hubcaps (based on visual inspection), 214 Side

Impact Protection (based on test results for prior model year vehicle),

and 219 Windshield Zone Intrusion (based on test results and

certification information for prior model year vehicle).

The petitioner also contended that the 1997 Mercedes-Benz

Gelaendewagen Type 463 MPV is capable of being altered to comply with

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 a speedometer/odometer calibrated

in miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model sealed beam headlamps; (b)

installation of U.S.-model side marker lamps and reflectors; (c)

installation of a high mounted stop lamp. The petitioner asserted that

testing performed on the taillamp reveals that it complies with the

standard, even though it lacks a DOT certification marking, and that

all other lights are DOT certified.

Standard No. 111 Rearview Mirrors: inscription of the required

warning statement on the convex surface of the passenger side rearview

mirror.

Standard No. 114 Theft Protection: installation of a warning

buzzer in the steering lock electrical circuit.

Standard No. 118 Power-Operated Window Systems: rewiring of the

power window system so that the window transport is inoperative when

the front doors are open.

Standard No. 120 Tire Selection and Rims for Vehicles other than

Passenger Cars: installation of a tire information placard. The

petitioner asserted that even though the tire rims lack a DOT

certification marking, they comply with the standard, based on their

manufacturer's certification that they comply with the German TUV

regulations, as well as their certification by the British Standards

Association and the Rim Association of Australia.

Standard No. 206 Door Locks and Door Retention Components:

installation of interior locking buttons on all door locks and

modification of rear door locks to disable latch release controls when

locking mechanism is engaged.

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

complying driver's and passenger's side air bag systems; (b)

installation of a seat belt warning system; (c) placement of an air bag

warning label on the visors of vehicles manufactured after November

1996. The petitioner stated that the vehicle will meet frontal impact

test requirements with structural modifications described in a

submission that has been granted confidentiality by NHTSA's Office of

Chief Counsel under 49 CFR Part 512.

Standard No. 210 Seat Belt Assembly Anchorages: insertion of

instructions on the installation and use of child restraints in the

owner's manual for the vehicle. The petitioner certified that the

vehicle complies with this standard on the basis of tests performed to

the standard's requirements by an independent testing and engineering

laboratory.

Standard No. 212 Windshield Retention: application of cement to

the windshield's edges.

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

valve.

Standard No. 302 Flammability of Interior Materials: treatment of

fabric seating surfaces with a flame-proof spray.

The petitioner additionally stated that a vehicle identification

number (VIN) plate must be attached to the vehicle's dash so that it is

visible to an observer at the driver's side ``A'' pillar, as required

by 49 CFR Part 565. The petitioner also stated that a vehicle rollover

warning statement must be inserted in the owner's manual and on a

sticker affixed to the driver's side visor of short wheelbase

Gelaendewagens, as required by 49 CFR 575.105.

No comments were received in response to the notice of the

petition. Based on its review of the information submitted by the

petitioner, NHTSA has decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

The importer of a vehicle admissible under any final determination

must indicate on the form HS-7 accompanying entry the appropriate

vehicle eligibility number indicating that the vehicle is eligible for

entry. VCP-15 is the vehicle eligibility number assigned to vehicles

admissible under this determination.

Final Determination

Accordingly, on the basis of the foregoing, NHTSA hereby decides

that 1997 Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for

importation into the United States because they have safety features

that comply with, or are capable of being altered to comply with, all

applicable Federal motor vehicle safety standards.

Authority: 49 U.S.C. Sec. 30141 (a)(1)(B) and (b)(1); 49 CFR

593.8; delegations of authority at 49 CFR 1.50 and 501.8.

Issued on January 6, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97-602 Filed 1-9-97; 8:45 am]

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