Notice of Receipt of Petition for Decision That Nonconforming 1992-1994 Mercedes-Benz 400SE Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-5499]

Notice of Receipt of Petition for Decision That Nonconforming

1992-1994 Mercedes-Benz 400SE Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1992-1994 Mercedes-Benz 400SE 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

1992-1994 Mercedes-Benz 400SE 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 May 17, 1999.

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 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

1992-1994 Mercedes-Benz 400SE passenger cars are eligible for

importation into the United States. The vehicle which Champagne

believes is substantially similar is the 1992-1994 Mercedes-Benz 500SEL

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 1992-1994

Mercedes-Benz 400SE to the 1992-1994 Mercedes-Benz 500SEL, and found

the 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 1992-1994 Mercedes-Benz 400SE,

as originally manufactured, conforms to many Federal motor vehicle

safety standards in the same manner as the 1992-1994 Mercedes-Benz

500SEL, or is capable of being readily altered to conform to those

standards.

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

1992-1994 Mercedes-Benz 400SE is identical to the 1992-1994 Mercedes-

Benz 500SEL 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 the non-U.S. certified

1992-1994 Mercedes-Benz 400SE 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 headlamp assemblies that

incorporate headlamps with DOT markings; (b) installation of

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U.S.-model front and rear sidemarker/reflector assemblies; (c)

installation of U.S.-model taillamp assemblies; (d) installation of a

center high mounted stop lamp if the vehicle is not already so

equipped.

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. 206 Door Locks and Door Retention Components:

replacement of the rear door locks and rear door locking 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 side air bag and knee bolster

in 1992 and 1993 models, and the driver's and passenger's side air bags

and knee bolsters in 1994 models with U.S.-model components if the

vehicle is not already so equipped. The petitioner states that the

vehicles 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 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.

Petitioner states that non-U.S. certified 1992-1994 Mercedes-Benz

400SE will be inspected prior to importation to ensure that requisite

parts are marked in 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 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, 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: April 12, 1999.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 99-9544 Filed 4-15-99; 8:45 am]

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