Notice of Receipt of Petition for Decision That Nonconforming 1990 Mercedes-Benz 420 SEC Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 97-019; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1990 Mercedes-Benz 420 SEC Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1990 Mercedes-Benz 420 SEC 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 1990

Mercedes-Benz 420 SEC 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 8, 1997.

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. 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.

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

1990 Mercedes-Benz 420 SEC passenger cars are eligible for importation

into the United States. The vehicle which Champagne believes is

substantially similar is the 1990 Mercedes-Benz 560 SEC 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.

[[Page 16889]]

The petitioner claims that it carefully compared the 1990 Mercedes-

Benz 420 SEC to the 1990 Mercedes-Benz 560 SEC, 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 1990 Mercedes-Benz 420 SEC, as originally

manufactured, conforms to many Federal motor vehicle safety standards

in the same manner as the 1990 Mercedes-Benz 560 SEC, or is capable of

being readily altered to conform to those standards.

Specifically, the petitioner claims that the 1990 Mercedes-Benz 420

SEC is identical to the 1990 Mercedes-Benz 560 SEC 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,

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, 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.

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 a noncomplying symbol on the brake

failure indicator lamp; (b) installation of a seat belt warning lamp

that displays the appropriate symbol; (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; (b)

installation of U.S.-model front and rear sidemarker/reflector

assemblies; (c) installation of U.S.-model tail lamp 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 in the steering lock assembly and a warning buzzer.

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:

(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; (c) replacement of the driver's side

air bag and knee bolster with U.S. model components. The petitioner

states that the vehicle is equipped with a combination lap and shoulder

restraint that adjusts by means of an automatic retractor and releases

by means of a single push button in each front designated seating

position, and with a combination lap and shoulder restraint that

releases by means of a single push button in each rear outboard

designated seating position.

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.

Additionally, petitioner contends that the bumpers on the non-U.S.

certified 1990 Mercedes-Benz 420 SEC must be reinforced or replaced to

comply with the Bumper Standard found in 49 CFR part 581.

The petitioner also states that a vehicle identification number

plate must be affixed to the vehicle to meet the requirements of 49 CFR

part 565.

Petitioner lastly states that prior to importation, the vehicle

must be brought into compliance with the parts marking requirements of

the Theft Prevention Standard found at 49 CFR part 541.

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: April 3, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97-8921 Filed 4-7-97; 8:45 am]

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