Receipt of Petition for Determination That Nonconforming 1993 Mercedes-Benz 300SE Passenger Cars Are Eligible for Importation

Topics:  Mercedes-Benz 300SE

William A. Boehly
National Highway Traffic Safety Administration
March 17, 1994

[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-6174]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-15; Notice 1]

 

Receipt of Petition for Determination That Nonconforming 1993 
Mercedes-Benz 300SE Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that 
nonconforming 1993 Mercedes-Benz 300SE 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 determination that a 
1993 Mercedes-Benz 300SE 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 modified to conform to the standards.

DATES: The closing date for comments on the petition is April 18, 1994.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Section, room 5109, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590. (Docket hours are from 9:30 am to 4 pm)

FOR FURTHER INFORMATION CONTACT: Ted Bayler, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under section 108(c)(3)(A)(i) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), 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 on and after January 31, 1990, unless 
NHTSA has determined that the motor vehicle is substantially similar to 
a motor vehicle originally manufactured for importation into and sale 
in the United States, certified under 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 modified to conform to all applicable 
Federal motor vehicle safety standards.
    Petitions for eligibility determinations 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 determines, 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 determination 
in the Federal Register.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer No. R-90-007) has petitioned NHTSA to determine 
whether 1993 Mercedes-Benz 300SE (Model ID 140.032) passenger cars are 
eligible for importation into the United States. The vehicle which G&K 
believes is substantially similar is the 1993 Mercedes Benz 300SE that 
Daimler Benz A.G. manufactured for importation into and sale in the 
United States, and certified as conforming to all applicable Federal 
motor vehicle safety standards.
    The petitioner states that it carefully compared the non-U.S.-
certified 300SE to its U.S.-certified counterpart, and found the two 
vehicles to be substantially similar with respect to compliance with 
most applicable Federal motor vehicle safety standards.
    G&K submitted information with its petition intended to demonstrate 
that the non-U.S.-certified 300SE, 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 modified 
to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1993 model 300SE is identical to the U.S.-certified 1993 model 300SE 
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, 107 Reflecting Surfaces, 109 New Pneumatic Tires, 113 
Hood Latch Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 
201Occupant Protection in Interior Impact, 202 Head Restraints, 203 
Impact Protection for the Driver From the Steering Control System, 204 
Steering Control Rearward Displacement, 205 Glazing Materials, 207 
Seating Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly 
Anchorages, 211 Wheel Nuts, Wheel Discs and Hubcaps, 212 Windshield 
Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
and 302 Flammability of Interior Materials.
    Petitioner also contends that the non-U.S.-certified 1993 model 
300SE is capable of being readily modified 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 seat belt 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 sealed beam headlamps and front sidemarkers; (b) 
installation of U.S.-model taillamp asemblies which incorporate rear 
sidemarkers; (c) installation of a high mounted stop lamp.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Replacement of the passenger 
side rearview mirror, which is convex but lacks the required warning 
statement.
    Standard No. 114 Theft Protection: Installation of a buzzer 
microswitch in the steering lock assembly and a warning buzzer.
    Standard No. 115 Vehicle Identification Number: Installation of a 
VIN plate that can be read from outside the left windshield pillar, and 
a VIN reference label on the edge of the door or latch post nearest the 
driver.
    Standard No. 118 Power-Operated 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: 
Modification of the rear door locks to comply with the standard.
    Standard No. 208 Occupant Crash Protection: (a) Installation of a 
seat belt warning buzzer; (b) replacement of the existing Type 1 rear 
seat belts with U.S.-model belts equipped with retractors; (c) 
replacement of the existing air bag with a U.S.-model component. The 
petitioner claims that the vehicle is equipped with knee bolsters as 
part of its existing automatic restraint system.
    Standard No. 214 Side Door Strength: 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.
    Additionally, the petitioner states that the bumpers on the non-
U.S.-certified 1993 model 300SE must be reinforced to comply with the 
Bumper Standard found in 49 CFR part 581.
    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, 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: 15 U.S.C. 1397 (c) (3) (A) (i) (I) and (C) (ii); 49 
CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: February 23, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-6174 Filed 3-16-94; 8:45 am]
BILLING CODE 4910-59-M