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Notice of Receipt of Petition for Decision That Nonconforming Model Year 2012 Mercedes Benz CLS 63 AMG Passenger Cars Manufactured for the Mexican Market Are Eligible for Importation


American Government Topics:  Mercedes-Benz CLS 63 AMG

Notice of Receipt of Petition for Decision That Nonconforming Model Year 2012 Mercedes Benz CLS 63 AMG Passenger Cars Manufactured for the Mexican Market Are Eligible for Importation

Michael A. Cole
National Highway Traffic Safety Administration
2 July 2018


[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 31033-31034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14206]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0074; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2012 Mercedes Benz CLS 63 AMG Passenger Cars Manufactured 
for the Mexican Market Are Eligible for Importation

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

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
certain model year (MY) 2012 Mercedes Benz CLS 63 AMG passenger cars 
manufactured for the Mexican market 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 2012 Mercedes Benz CLS 63 AMG passenger cars) 
and they are capable of being readily altered to conform to the 
standards.

DATES: The closing date for comments on the petition is August 1, 2018.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

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.
    Wallace Environmental Testing Laboratories (WETL), of Houston, 
Texas (Registered Importer R-90-005) has petitioned NHTSA to decide 
whether nonconforming MY 2012 Mercedes Benz CLS 63 AMG passenger cars 
originally manufactured for the Mexican market are eligible for 
importation into the United States. The vehicles which WETL believes 
are substantially similar are MY 2012 Mercedes Benz CLS 63 AMG 
passenger cars 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 2012 
Mercedes Benz CLS 63 AMG passenger cars manufactured for the Mexican 
market to their U.S.-certified counterparts, and found the vehicles to 
be substantially similar with respect to compliance with most FMVSS.

[[Page 31034]]

    WETL submitted information with its petition intended to 
demonstrate that those non-U.S. certified MY 2012 Mercedes Benz CLS 63 
AMG passenger cars, 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 
2012 Mercedes Benz CLS 63 AMG passenger cars, as originally 
manufactured, conform to: Standard Nos. 102 Transmission Shift Lever 
Sequence, 103 Windshield Defrosting and Defogging Systems, 104 
Windshield Wiping and Washing Systems, 106 Brake Hoses, 113 Hood Latch 
System, 114 Theft Protection and Rollaway Prevention, 116 Motor Vehicle 
Brake Fluids, 118 Power-Operated Window, Partition, and Roof Panel 
Systems, 124 Accelerator Control Systems, 126 Electronic Stability 
Control Systems, 135 Light Vehicle Brake Systems, 138 Tire Pressure 
Monitoring 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, 206 Door Locks and Door Retention Components, 207 Seating 
Systems, 208 Occupant Crash Protection, 209 Seat Belt Assemblies, 210 
Seat Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
225 Child Restraint Anchorage Systems, and 302 Flammability of Interior 
Materials.
    The petitioner also contends that the subject non-U.S. certified 
passenger cars are capable of being readily altered to meet the 
following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: The instrument cluster can 
be programmed by the driver to display in metric or standard units as 
well as multiple languages without hardware or software changes. The 
brake warning telltale must be modified by replacing the tachometer, 
changing the faceplate of the current tachometer, or adding a new brake 
telltale.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: The headlamps and taillamps must be removed and replaced 
with conforming lamps.
    Standard No. 110 Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of 4,536 Kilograms (10,000 pounds) or Less: The vehicle 
requires addition of a conforming tire and rim information label.
    Standard No. 111 Rearview Mirrors: The passenger side mirror must 
be etched with the phrase ``OBJECTS IN MIRROR ARE CLOSER THAN THEY 
APPEAR.'' This will be achieved by applying a photomask template 
bearing the phrase, and sandblasting the photomasked area with 150 grit 
aluminum oxide.
    Standard No. 301 Fuel System Integrity: The vehicle must be 
equipped with a rollover valve in the fuel tank vent line between the 
fuel tank and the evaporative emissions collection canister.
    Wallace further states that labels will be affixed to conform the 
vehicle to the requirements of 49 CFR parts 565 and 567, VIN Content 
and Certification, respectively.
    This notice of receipt of WETL's petition does not represent any 
agency decision or other exercise of judgment concerning the merits of 
the petition. 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.

Michael A. Cole,
Acting Director Office of Vehicle Safety Compliance.
[FR Doc. 2018-14206 Filed 6-29-18; 8:45 am]
 BILLING CODE 4910-59-P

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