# Notice of Receipt of Petition for Decision That Nonconforming 1998 Mercedes-Benz Gelaendewagen, Type 463, Multi-Purpose Passenger Vehicles Are Eligible for Importation > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-13014 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** May 15, 1998 - **Citation:** 63 FR 27118 ## Text DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-98-3810] Notice of Receipt of Petition for Decision That Nonconforming 1998 Mercedes-Benz Gelaendewagen, Type 463, Multi-Purpose Passenger Vehicles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Request for comments on petition for decision that nonconforming 1998 Mercedes-Benz Gelaendewagen Type 463 multi-purpose passenger vehicles (MPVs) are eligible for importation. ----------------------------------------------------------------------- SUMMARY: This notice requests comments on a petition submitted to the National Highway Traffic Safety Administration (NHTSA) for a decision that a 1998 Mercedes-Benz Gelaendewagen Type 463 MPV that was not originally manufactured to comply with all applicable Federal motor vehicle safety standards is eligible for importation into the United States because it has safety features that comply with, or are capable of being altered to comply with, all such standards. DATE: The closing date for comments on the petition is June 15, 1998. ADDRESS: Comments should refer to the docket number and notice number, and be submitted to: Docket Management, Room PL-401, 400 Seventh St., SW, Washington, DC 20590. [Docket hours are from 10 am to 5 pm]. 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) [[Page 27119]] 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 decision in the Federal Register. Europa International, Inc. of Santa Fe, New Mexico (Registered Importer No. R-91-002) has petitioned NHTSA to decide whether 1998 Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for importation into the United States. Europa contends that this vehicle is eligible for importation under 49 U.S.C. Sec. 30141(a)(1)(B) because it has safety features that comply with, or are capable of being altered to comply with, all applicable Federal motor vehicle safety standards. Specifically, the petitioner claims that the 1998 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), 106 Brake Hoses (based on visual inspection of certification markings), 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 contends that the 1998 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. 105 Hydraulic Brake Systems: (a) installation of a warning label on the brake fluid reservoir cap; (b) installation of a brake warning indicator lamp. 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 asserts 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 asserts 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 states 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 certifies 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. The petitioner further claims to have verified that the gas tank on a prior model year vehicle was completely protected within large frame members. Standard No. 302 Flammability of Interior Materials: treatment of fabric seating surfaces with a flame-proof spray. The petitioner additionally states 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 states 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. Interested persons are invited to submit comments on the petition described above. Comments should refer to the docket number and be submitted to: Docket Management, Room PL-401, 400 Seventh St., 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 [[Page 27120]] 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 will be published in the Federal Register pursuant to the authority indicated below. Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Issued on May 11, 1998. Marilynne Jacobs, Director, Office of Vehicle Safety Compliance. [FR Doc. 98-13014 Filed 5-14-98; 8:45 am] BILLING CODE 4910-59-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-13014. Public record. Not legal advice.