[Federal Register: May 20, 2004 (Volume 69, Number 98)]
[Notices]
[Page 29164-29166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my04-88]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2004-17766]
Notice of Receipt of Petition for Decision That Nonconforming
2002-2004 Mercedes Benz S-Class (220) Passenger Cars Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
2002-2004 Mercedes Benz S-Class (220) passenger cars are eligible for
importation.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2002-2004 Mercedes Benz S-Class (220) 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
[[Page 29165]]
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 June 21, 2004.
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 a.m. to
5 p.m.). Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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.
Automobile Concepts of North Miami, Florida (Registered Importer
01-278) has petitioned NHTSA to decide whether 2002-2004 Mercedes Benz
S-Class (220) passenger cars are eligible for importation into the
United States. The vehicles that Automobile Concepts believes are
substantially similar are 2002-2004 Mercedes Benz S-Class (220)
passenger cars that were manufactured for importation into, and sale
in, the United States and certified by their manufacturer as conforming
to all applicable Federal motor vehicle safety standards.
The petitioner claims that it compared non-U.S. certified 2002-2004
Mercedes Benz S-Class (220) 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.
Automobile Concepts submitted information with its petition
intended to demonstrate that non-U.S. certified 2002-2004 Mercedes Benz
S-Class (220) 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 2002-
2004 Mercedes Ben S-Class (220) 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, 106 Brake
Hoses, 109 New Pneumatic Tires, 113 Hood Latch Systems, 116 Brake
Fluid, 124 Accelerator Control Systems, 135 Passenger Car Brake
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, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof
Crush Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint
Anchorage Systems, and 302 Flammability of Interior Materials.
In addition, the petitioner claims that the vehicles comply with
the Bumper Standard found in 49 CFR Part 581.
The 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) inscription of the word
``brake'' on the instrument cluster in place of the international ECE
warning symbol or installation of a U.S.-model instrument cluster; (b)
modification of the speedometer to read in miles per hour by
downloading U.S. version software information or replacement of the
speedometer through the installation of a U.S.-model instrument
cluster.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: installation of the following components on vehicles that
are not already so equipped: (a) U.S.-model headlamps; (b) U.S.-model
front sidemarker lamps that incorporate reflex reflectors; (c) U.S.-
model taillamp assemblies that incorporate rear sidemarker lamps and
reflex reflectors.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard.
Standard No. 111 Rearview Mirrors: inscription of the required
warning statement on the passenger side rearview mirror.
Standard No. 114 Theft Protection: reprogramming of the vehicle's
computers to the U.S.-mode to ensure compliance with the standard.
Standard No. 118 Power-Operated Window Partition, and Roof Panel
Systems: reprogramming of the vehicle's computers to the U.S.-mode to
ensure compliance with the standard.
Standard No. 208 Occupant Crash Protection: (a) reprogramming of
the vehicle's computers to the U.S.-mode to activate the seatbelt
warning buzzer; (b) inspection of all vehicles and installation of
U.S.-model components, as necessary, to ensure compliance with the
standard. The petitioner states that the vehicles are equipped with
dual front air bags and knee bolsters, and with combination lap and
shoulder belts at the outboard front and rear seating positions that
are self-tensioning and capable of being released by means of a single
red push button.
Standard No. 209 Seat Belt Assemblies: inspection of all vehicles
and installation of U.S.-model components on vehicles that are not
already so equipped to ensure compliance with the standard.
Standard No. 210 Seat Belt Assembly Anchorages: inspection of all
vehicles and installation of U.S.-model components on vehicles that are
not already so equipped to ensure compliance with the standard.
Standard No. 301 Fuel System Integrity: inspection of all vehicles
and installation of U.S.-model components on vehicles that are not
already so equipped, to ensure compliance with the standard.
Standard No. 401 Interior Trunk Release: inspection of all vehicles
manufactured on or after September 1, 2001, and installation of U.S.-
model components on those vehicles that are not already so equipped to
ensure compliance with the standard.
[[Page 29166]]
Petitioner states that all vehicles must be inspected to ensure
compliance with the Theft Prevention Standard at 49 CFR part 541 and
that U.S.-model anti-theft devices will be installed, as necessary, on
vehicles that are not already so equipped. The petitioner expressed the
belief that the vehicles do in fact comply with this standard.
The petitioner also states that a vehicle identification plate must
be affixed to the vehicles near the left windshield post 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 9 a.m. to 5 p.m.). 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.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 04-11454 Filed 5-19-04; 8:45 am]
BILLING CODE 4910-59-P