Receipt of Petition for Determination That Nonconforming 1992 Mercedes-Benz 190E Passenger Cars Are Eligible for Importation

Topics:  1992 Mercedes-Benz 190E

William A. Boehly
National Highway Traffic Safety Administration
May 5, 1994

[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-10762]


[[Page Unknown]]

[Federal Register: May 5, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-32; Notice 1]

 

Receipt of Petition for Determination That Nonconforming 1992 
Mercedes-Benz 190E Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that 
nonconforming 1992 Mercedes-Benz 190E 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 
1992 Mercedes-Benz 190E 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 June 6, 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 St., 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.
    J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered 
Importer No. R-90-006) has petitioned NHTSA to determine whether 1992 
Mercedes-Benz 190E (Model ID 201.029) 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. The vehicle which J.K. believes is substantially similar is the 
1992 Mercedes-Benz 190E that Daimler Benz AG manufactured for 
importation into and sale in the United States, and certified as 
conforming to all applicable Federal motor vehicle safety standards.
    The petitioner stated that it has carefully compared the non-U.S.- 
certified 1992 Mercedes-Benz 190E to its U.S.-certified counterpart, 
and found the two vehicles to be substantially similar with respect to 
most applicable Federal motor vehicle safety standards.
    J.K. submitted information with its petition intended to 
demonstrate that the non-U.S.-certified 1992 Mercedes-Benz 190E, 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 
1992 Mercedes-Benz 190E is identical to its U.S.-certified counterpart 
with respect to compliance with Standards Nos. 102 Transmission Shift 
Level 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, 201 
Occupant 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 vehicle is capable of being 
readily modified to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displaying: (a) Substitution of a 
lens marked ``Brake'' for a lens with an ECE symbol on the brake 
failure indicator lamp; (b) 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 assemblies 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 does not bear 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 Window Systems: Rewiring of the power window 
system so that the window transport is inoperative when the ignition is 
turned off.
    Standard No. 206 Door Locks and Door Retention Components: 
Replacement of rear door locks and retention components with U.S.-model 
parts.
    Standard No. 208 Occupant Crash Protection: (a) Installation of an 
ignition switch-actuated seat belt warning buzzer; (b) installation of 
a factory-supplied knee bolster to augment the vehicle's airbag-based 
automatic restraint system. The petitioner claims that the airbag 
supplied on the vehicle is identical to that found on its U.S.-
certified counterpart.
    Standard No. 214 Side Impact Protection: Installation of 
reinforcing beams in doors.
    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 1992 Mercedes-Benz 190E must be reinforced to comply 
with the Bumper Standard found at 49 CFR part 581.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and to 
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 
the 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)(iii); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: April 29, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-10762 Filed 5-4-94; 8:45 am]
BILLING CODE 4910-59-M