Decision That Nonconforming Model Year 2014 Mercedes-Benz SLK Class Passenger Cars Are Eligible for Importation

Topics:  Mercedes-Benz SLK Class

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
30 March 2016

[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17760-17761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07144]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0083, Notice 2]


Decision That Nonconforming Model Year 2014 Mercedes-Benz SLK 
Class Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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[[Page 17761]]

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain model year (MY) 2014 
Mercedes-Benz SLK Class passenger cars (PCs) that were not originally 
manufactured to comply with all applicable Federal Motor Vehicle Safety 
Standards (FMVSS) are eligible for importation into the United States 
because they are substantially similar to vehicles originally 
manufactured for sale in the United States and certified by their 
manufacturer as complying with the safety standards (the U.S. certified 
version of the MY 2014 Mercedes-Benz SLK Class PC), and they are 
capable of being readily altered to conform to the standards.

DATES: This decision became effective on March 25, 2016.

ADDRESSES: For further information contact George Stevens, Office of 
Vehicle Safety Compliance, NHTSA (202-366-5308).

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 FMVSS 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 as required 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 FMVSS.
    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.
    J.K. Technologies, LLC, of Baltimore, Maryland (JK) (Registered 
Importer# RI-90-006), petitioned NHTSA to decide whether MY 2014 
Mercedes-Benz SLK Class PCs are eligible for importation into the 
United States. NHTSA published a notice of the petition on February 16, 
2016 (81 FR 7889) to afford an opportunity for public comment. No 
comments were received in response to this petition. The reader is 
referred to the receipt notice for a thorough description of the 
petition.

NHTSA'S Conclusions

    NHTSA has reviewed the petition and has concluded that the vehicles 
covered by the petition are substantially similar to MY 2014 Mercedes-
Benz SLK Class PC's and are capable of being readily altered to comply 
with all applicable FMVSS.
    NHTSA has also determined that any RI who imports or modifies one 
of these vehicles must include in the statement of conformity and 
associated documents (referred to as a ``conformity package'') it 
submits to NHTSA under 49 CFR 592.6(d) additional specific proof to 
confirm that the vehicle was manufactured to conform to, or was 
successfully altered to conform to, FMVSS No. 101, Controls and 
Displays, FMVSS No. 138, Tire Pressure Monitoring Systems, FMVSS No. 
208 Occupant Crash Protection and FMVSS No. 301 Fuel System Integrity. 
This proof must include detailed descriptions of all modifications made 
to achieve conformity with those standards, including a detailed 
description of systems in place (if any) on the vehicle at the time it 
was delivered to the RI and a similarly detailed description of the 
systems in place after the vehicle is altered, including photographs of 
all required labeling. The description must also include parts assembly 
diagrams and associated part numbers for all components that were 
removed from or installed on the vehicle, a description of how any 
computer programming changes were completed, and a description of how 
compliance was verified after alterations were completed. Photographs 
(e.g., monitor print screen captures) or report printouts, as 
practicable, must be submitted as proof that any computer reprogramming 
was carried out successfully.
    In addition to the information specified above, each conformity 
package must also include evidence showing how the RI verified that the 
changes it made in loading or reprograming vehicle software to achieve 
conformity with each separate FMVSS, did not also cause the vehicle to 
fall out of compliance with any other applicable FMVSS.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2014 Mercedes-Benz SLK Class passenger cars that were not 
originally manufactured to comply with all applicable FMVSS, are 
substantially similar to MY 2014 Mercedes-Benz SLK Class passenger cars 
manufactured for importation into and/or sale in the United States, and 
certified under 49 U.S.C. 30115, and are capable of being readily 
altered to conform to all applicable Federal Motor Vehicle Safety 
Standards.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VSP-581 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-07144 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-59-P