Notice of Receipt of Petition for Decision That Nonconforming 1994 Mercedes-Benz C220 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3628]

Notice of Receipt of Petition for Decision That Nonconforming

1994 Mercedes-Benz C220 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1994 Mercedes-Benz C220 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 1994

Mercedes-Benz C220 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 April 22, 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 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, 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.

Bayway Auto of Newark, New Jersey (``Bayway'') (Registered Importer

98-166) has petitioned NHTSA to decide whether 1994 Mercedes-Benz C220

passenger cars are eligible for importation into the United States. The

vehicle which Bayway believes is substantially similar is the 1994

Mercedes-Benz C220 that was manufactured for importation into, and sale

in, the United States and certified by its manufacturer as conforming

to all applicable Federal motor vehicle safety standards.

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

certified 1994 Mercedes-Benz C220 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.

Bayway submitted information with its petition intended to

demonstrate that the non-U.S. certified 1994 Mercedes-Benz C220, 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

1994 Mercedes-Benz C220 is identical to its U.S. certified counterpart

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, 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

1994 Mercedes-Benz C220 complies with the Bumper Standard found in 49

CFR Part 581.

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 sealed beam headlamp

assemblies; (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 convex

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. 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

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 so

equipped. The petitioner states that the vehicle is equipped with

combination lap and

[[Page 13911]]

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 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.

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.

Additionally, the petitioner states that an alarm system identical

to that found on U.S.-certified models will be installed on each 1994

Mercedes-Benz C220 prior to importation so that the vehicle meets 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, S.W., 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: March 18, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-7455 Filed 3-20-98; 8:45 am]

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