Notice of Receipt of Petition for Decision That Nonconforming 1998 Mercedes-Benz CL500 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-4576]

Notice of Receipt of Petition for Decision That Nonconforming

1998 Mercedes-Benz CL500 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1998 Mercedes-Benz CL500 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 the

1998 Mercedes-Benz CL500 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 30,

1998.

ADDRESSES: 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 9 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.

Petitions for eligibility decisions may be submitted by either

manufacturers or

[[Page 58093]]

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 of Lansdale, Pennsylvania (``Champagne'')

(Registered Importer 90-009) has petitioned NHTSA to decide whether

1998 Mercedes-Benz CL500 passenger cars are eligible for importation

into the United States. The vehicle which Champagne believes is

substantially similar is the 1998 Mercedes-Benz CL500 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 1998 Mercedes-Benz CL500 passenger cars 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.

Champagne submitted information with its petition intended to

demonstrate that the non-U.S. certified 1998 Mercedes-Benz CL500, 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

1998 Mercedes-Benz CL500 is identical to its U.S. certified counterpart

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, 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

1998 Mercedes-Benz CL500 complies with the Bumper Standard found in 49

CFR part 581 and with the Theft Prevention Standard found in 49 CFR

part 541.

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 that

incorporate headlamps with DOT markings; (b) installation of U.S.-model

front and rear sidemarker/reflector assemblies; (c) installation of

U.S.-model taillamp assemblies.

Standard No. 110 Tire Selection and Rims: Installation of a tire

information placard.

Standard No. 111 Rearview Mirror: Replacement of the passenger side

rearview mirror with a U.S.-model component.

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 and passenger's side air bags

and knee bolsters with U.S.-model components if the vehicle is not

already so equipped. The petitioner states that the vehicle is equipped

with combination lap and shoulder restraints that adjust by means of an

automatic retractor and release by means of a single push button at

both front designated seating positions, with combination lap and

shoulder restraints that release by means of a single push button at

both rear outboard designated seating positions, and with a lap belt at

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.

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.

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: October 23, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-28922 Filed 10-28-98; 8:45 am]

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