[Federal Register: December 18, 2002 (Volume 67, Number 243)]
[Notices]
[Page 77556-77557]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de02-170]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2002-13933]
Notice of Receipt of Petition for Decision That Nonconforming
1996-2002 Mercedes Benz E Class (W210) Passenger Cars Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1996-2002 Mercedes Benz E Class (W210) 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
1996-2002 Mercedes Benz E Class (W210) 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 January 17,
2003.
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.].
FOR FURTHER INFORMATION CONTACT: Luke Loy, Office of Vehicle Safety
Compliance, NHTSA (202-366-5308).
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.
[[Page 77557]]
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, Inc. of Miami, Florida (``AMC'') (Registered
Importer 01-278) has petitioned NHTSA to decide whether 1996-2002
Mercedes Benz E Class (W210) passenger cars are eligible for
importation into the United States. The vehicles which AMC believes are
substantially similar are 1996-2002 Mercedes Benz E Class (W210)
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 carefully compared non-U.S. certified
1996-2002 Mercedes Benz E Class (W210) 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.
AMC submitted information with its petition intended to demonstrate
that non-U.S. certified 1996-2002 Mercedes Benz E Class (W210)
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 1996-
2002 Mercedes Benz E Class (W210) 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, 105
Hydraulic Brake Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113
Hood Latch Systems, 114 Theft Protection, 116 Brake Fluid, 124
Accelerator Control Systems, 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 Mounting, 216 Roof
Crush Resistance, 219 Windshield Zone Intrusion, and 302 Flammability
of Interior Materials.
The petitioner claims that the vehicles are exempt from the parts
marking requirements of the Federal Motor Vehicle Theft Prevention
Standard at 49 CFR Part 541 because they are equipped with U.S.-model
anti-theft devices that prevent the vehicles from being driven and
activate the horn.
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 dash in place of the international ECE warning symbol;
(b) replacement of the speedometer with the U.S.-model component that
reads in miles per hours.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Installation of U.S.-model headlamps and front side
marker lights; (b) installation of U.S.-model tail lamp assemblies
which incorporate rear side marker lights; (c) installation of a U.S.-
model center high mounted stop light assembly on vehicles that are 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 or inscription of the
required warning statement on the surface of that mirror.
Standard No. 118 Power Window Systems: reprogramming of the power
window system so that the windows will not operate with the ignition
off.
Standard No. 201 Occupant Protection in Interior Impact: The
petitioner contends that all components subject to this standard are
identical to those on the vehicles' U.S.-certified counterparts, which
have been identified by the manufacturer as meeting the upper interior
head impact requirements of the standard. All vehicles will be
inspected to ensure that they are equipped with the appropriate U.S.-
model parts, and those parts will be installed on any vehicles that are
not so equipped.
Standard No. 208 Occupant Crash Protection: (a) Reprogramming of
the seat belt warning buzzer; (b) inspection of all vehicles and
replacement of the driver's and passenger's side air bags, control
units, sensors, and seat belts with U.S.-model components on vehicles
that are not already so equipped. Petitioner states that the vehicles
are equipped with seat belts in front and rear outboard and the rear
center designated seating positions. Petitioner further states that the
vehicles are equipped with a seat belt warning lamp that is identical
to the lamp installed on U.S.-certified models.
Standard No. 214 Side Impact Protection: inspection of all vehicles
to ensure that they are equipped with door bars identical to those in
the U.S. certified model and installation of those components on
vehicles that are not already so equipped.
Standard No. 301 Fuel System Integrity: installation of a U.S.-
model fuel tank, fuel level sensor, fuel vapor filter, and rollover
valve.
The petitioner states that a vehicle identification plate must be
affixed to the vehicles near the left windshield post and a reference
and certification label must be affixed in the area of the left front
door 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 am to 5 pm]. 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: December 13, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-31880 Filed 12-17-02; 8:45 am]
BILLING CODE 4910-59-P