Notice of Receipt of Petition for Decision That Nonconforming 1990-1993 Mercedes-Benz 250E and 1994-1995 E250 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3627]

Notice of Receipt of Petition for Decision That Nonconforming

1990-1993 Mercedes-Benz 250E and 1994-1995 E250 Passenger Cars Are

Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for a decision that nonconforming

1990-1993 Mercedes-Benz 250E and 1994-1995 E250 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 1990-

1993 Mercedes-Benz 250E and 1994-1995 E250 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.

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) (formerly section

108(c)(3)(A)(i)(I) of the National Traffic and Motor Vehicle Safety Act

(the Act)), 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 (formerly section 114 of

the Act), 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 No.

R-98-166) has petitioned NHTSA to decide whether 1990-1993 Mercedes-

Benz 250E and 1994-1995 E250 passenger cars are eligible for

importation into the United States. The vehicles which Bayway believes

are substantially similar are 1990-1993 Mercedes-Benz 300E and 1994-

1995 E300 passenger cars. Bayway has submitted information indicating

that Daimler Benz, A.G., the company that manufactured the 1990-1993

Mercedes-Benz 300E and 1994-1995 E300, certified those vehicles as

conforming to all applicable Federal motor vehicle safety standards and

offered them for sale in the United States.

The petitioner contends that it carefully compared the 1990-1993

Mercedes-Benz 250E and 1994-1995 E250 to the 1990-1993 Mercedes-Benz

300E and 1994-1995 E300, and found those models to be substantially

similar with respect to compliance with most applicable Federal motor

vehicle safety standards.

Champagne submitted information with its petition intended to

demonstrate that the 1990-1993 Mercedes-Benz 250E and 1994-1995 E250,

as originally manufactured, conform to many Federal motor vehicle

safety standards in the same manner as the 1990-1993 Mercedes-Benz 300E

and 1994-1995 E300 that were offered for sale in the United States, or

are capable of being readily altered to conform to those standards.

Specifically, the petitioner claims that the 1990-1993 Mercedes-

Benz 250E and 1994-1995 E250 are identical to the certified 1990-1993

Mercedes-Benz 300E and 1994-1995 E300 with respect to compliance with

Standards Nos. 102 Transmission Shift Lever

[[Page 13912]]

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 1990-1993 Mercedes-

Benz 250E and 1994-1995 E250 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) 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 which

incorporate headlamps with a DOT marking; (b) installation of U.S.-

model front and rear sidemarker/reflector taillamp 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 Mirrors: replacement of the passenger

side rear view mirror with a U.S.-model component.

Standard No. 114 Theft Protection: installation of a 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 locking buttons with U.S.-model

parts.

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 1990-1993 models are equipped with

driver's side air bags and knee bolsters and that 1994-1995 models are

equipped with both driver's and passenger's side air bags and knee

bolsters. The petitioner further states that all models are 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 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 vehicles 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 1990-

1993 Mercedes-Benz 250E and 1994-1995 E250 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 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 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. 98-7456 Filed 3-20-98; 8:45 am]

BILLING CODE: 4910-59-P