Notice of Receipt of Petition for Decision That Nonconforming 1994-1997 Mercedes-Benz S420 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-4103]

Notice of Receipt of Petition for Decision That Nonconforming

1994-1997 Mercedes-Benz S420 Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1994-1997 Mercedes-Benz S420 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 1994-

1997 Mercedes-Benz S420 passenger cars that were not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards are eligible for importation into the United States because

(1) they are substantially similar to vehicles that were originally

manufactured for importation into and sale in the United States and

that were certified by their manufacturer as complying with the safety

standards, and (2) they are capable of being readily altered to conform

to the standards.

DATE: The closing date for comments on the petition is October 9, 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. 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,

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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.

Wallace Environmental Testing Laboratories, Inc. of Houston, Texas

(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to

decide whether 1994-1997 Mercedes-Benz S420 passenger cars are eligible

for importation into the United States. The vehicles which Wallace

believes are substantially similar are 1994-1997 Mercedes-Benz S420

that were manufactured for importation into, and sale in, the United

States and certified by their manufacturer, Daimler Benz, A.G., as

conforming to all applicable Federal motor vehicle safety standards.

The petitioner claims that it carefully compared non-U.S. certified

1994-1997 Mercedes-Benz S420 passenger cars to their U.S. certified

counterparts, and found the vehicles to be substantially similar with

respect to compliance with most Federal motor vehicle safety standards.

Wallace submitted information with its petition intended to

demonstrate that non-U.S. certified 1994-1997 Mercedes-Benz S420

passenger cars, as originally manufactured, conform to many Federal

motor vehicle safety standards in the same manner as their U.S.

certified counterparts, or are capable of being readily altered to

conform to those standards.

Specifically, the petitioner claims that non-U.S. certified 1994-

1997 Mercedes-Benz S420 passenger cars are identical to their U.S.

certified counterparts with respect to compliance with Standard 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, 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 non-U.S. certified 1994-

1997 Mercedes-Benz S420 passenger cars comply with the Bumper Standard

found in 49 CFR Part 581.

Petitioner also contends that the vehicles are 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) recalibration of the speedometer/odometer from

kilometers to miles per hour or its replacement with one already so

calibrated.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlight and sidemarker

assemblies; (b) installation of U.S.-model taillight and sidemarker

assemblies; (c) 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: inscription of the required

warning statement on the passenger side rearview mirror.

Standard No. 114 Theft Protection: installation of a warning buzzer

in the steering lock assembly. The petitioner states that the vehicle

is already equipped with a warning buzzer microswitch.

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 rear door lock buttons with U.S.

model components.

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

safety belt warning system through replacement of the driver's seat

belt latch and the addition of a seat belt warning buzzer system; (b)

replacement of the driver's and passenger's side air bags and knee

bolsters with U.S.-model components on vehicles that are not already so

equipped. The petitioner states that the vehicles are equipped with

Type II at both front and 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.

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.

Additionally, the petitioner states that all vehicles will be

inspected prior to importation to assure compliance with the Theft

Prevention Standard found in 49 CFR Part 541.

The petitioner also states that a vehicle identification number

plate must be affixed to the vehicles to meet 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 Management, Room PL-401, 400 Seventh St., SW,

Washington, DC 20590. [Docket hours are from 10 am to 5 pm]. 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: August 4, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-21286 Filed 8-7-98; 8:45 am]

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