Notice of Receipt of Petition for Decision That Nonconforming Model Year 2009 Mercedes-Benz G Class Long Wheelbase (463 Chassis) Multipurpose Passenger Vehicle Are Eligible for Importation

Topics:  Mercedes-Benz G Class

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
4 May 2016

[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)]
[Notices]
[Pages 26869-26870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10349]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0082; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2009 Mercedes-Benz G Class Long Wheelbase (463 Chassis) 
Multipurpose Passenger Vehicle Are Eligible for Importation

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

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
model year (MY) 2009 Mercedes-Benz G Class Long Wheelbase (LWB) (463 
Chassis) multipurpose vehicles (MPVs) 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 that were originally 
manufactured for sale in the United States and that were certified by 
their manufacturer as complying with the safety standards (the U.S.-
certified version of the 2009 Mercedes-Benz G Class LWB MPV) and they 
are capable of being readily altered to conform to the standards.

DATE:  The closing date for comments on the petition is June 3, 2016.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: 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 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. Please note that even after the 
comment closing date, we will continue to file relevant information in 
the Docket as it becomes available. Further, some people may submit 
late comments. Accordingly, we recommend that you periodically search 
the Docket for new material.

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 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 (JK) of Baltimore, Maryland (Registered 
Importer R-90-006) has petitioned NHTSA to decide whether nonconforming 
2009 Mercedes-Benz G Class LWB MPVs are eligible for importation into 
the United States. The vehicles which JK believes are substantially 
similar are MY 2009 Mercedes-Benz G Class LWB MPVs sold in the United 
States and certified by their manufacturer as conforming to all 
applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified MY 2009 
Mercedes-Benz G Class LWB MPVs to their U.S.-certified counterparts, 
and found the vehicles to be substantially similar with respect to 
compliance with most FMVSS.
    JK submitted information with its petition intended to demonstrate 
that non-U.S. certified MY 2009 Mercedes-Benz G Class LWB MPVs, as 
originally manufactured, conform to many applicable FMVSS 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 the non U.S.-certified MY 
2009 Mercedes-Benz G Class LWB MPVs, as originally manufactured, 
conform to: Standard Nos. 102 Transmission Shift Lever Sequence, 
Starter Interlock, and Transmission Braking Effect, 103 Windshield 
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing 
Systems, 106 Brake Hoses, 113 Hood Latch System, 116 Motor Vehicle 
Brake Fluids, 118 Power-Operated Window, Partition, and Roof panel 
System, 124 Accelerator Control Systems, 135 Light Vehicle Brake 
Systems, 138 Tire Pressure Monitoring Systems, 139 New pneumatic radial 
tires for light vehicles, 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, 209 Seat Belt Assemblies, 210

[[Page 26870]]

Seat Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
and 302 Flammability of Interior Materials.
    The petitioner also contends that the subject non-U.S certified 
vehicles are capable of being readily altered to meet the following 
standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Replacement of the original 
instrument cluster with the U.S. model component and reprogramming the 
associated software as described in the petition. Inspection of each 
vehicle, and replacement of the cruise control lever with the U.S.-
model component if required for the vehicle to conform to the standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Replacement of the front and rear turn signal and side 
marker lamps, headlamps, taillamps, stop lamps, and backup lamps with 
U.S.-conforming components.
    Standard No. 110 Tire Selection and Rims: Installation of the 
required tire information placard.
    Standard No. 111 Rearview Mirrors: Replacement of the passenger 
side rearview mirror with a U.S.-model component or inscription of the 
required warning statement on the face of the existing mirror.
    No. 114 Theft Protection and Rollaway Prevention: Reprograming to 
activate the audible key warning and belt warning as described in the 
petition.
    Standard No. 208 Occupant Crash Protection: The petitioner states 
that the passive restraint systems of the international specification 
vehicles comply with the requirements of this standard and are 
identical to the U.S. version with respect to all aspects of this 
standard, except for the passenger sun visor and dash mounted air bag 
warning labels. The petitioner also states that all software used to 
control the occupant crash protection systems bears the U.S. program 
codes and all hardware parts bear the U.S. part numbers.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
U.S. model anchorages and labels.
    Standard No. 301 Fuel System Integrity: The petitioner states that 
the fuel systems in these vehicles are identical to those in the U.S.-
certified model. Fuel spillage problems are controlled by the 
evaporative system that was installed to meet EPA requirements. These 
evaporative systems have a rollover and check valve incorporated into 
their design.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicle near the left windshield pillar to meet the 
requirements of 49 CFR part 565.
    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 addresses 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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-10349 Filed 5-3-16; 8:45 am]
 BILLING CODE 4910-59-P