Notice of Receipt of Petition for Decision That Certain Nonconforming Model Year 2011 Mercedes-Benz GL550 Multipurpose Passenger Vehicles Originally Certified to the Canadian Motor Vehicle Safety Standards Are Eligible for Importation

Topics:  Mercedes-Benz GL550

Claudia W. Covell
National Highway Traffic Safety Administration
30 November 2018

[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61718-61719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26059]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0070; Notice 1]


Notice of Receipt of Petition for Decision That Certain 
Nonconforming Model Year 2011 Mercedes-Benz GL550 Multipurpose 
Passenger Vehicles Originally Certified to the Canadian Motor Vehicle 
Safety Standards 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) 2011 Mercedes-Benz GL550 multipurpose passenger 
vehicles (MPVs) that were not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards (FMVSS), but that 
are certified by their original manufacturer as complying with all 
applicable Canadian motor vehicle safety standards (CMVSS), 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 2011 
Mercedes-Benz GL550 MPVs and are capable of being readily altered to 
conform to the standards.

DATES: The closing date for comments on the petition is December 31, 
2018.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number cited in the title of this notice and submitted by any of 
the following methods:
     Mail: Send comments by mail addressed to the 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 the 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 for 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, 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: Neil Thurgood, Office of Vehicle 
Safety Compliance, NHTSA (202-366-0712).

SUPPLEMENTARY INFORMATION: 

I. History

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally

[[Page 61719]]

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.

II. Summary of Petition

    J.K. Technologies, LLC (JK), of Baltimore, Maryland (Registered 
Importer R-90-006) has petitioned NHTSA to decide whether nonconforming 
MY 2011 Mercedes-Benz GL550 CMVSS-certified MPVs are eligible for 
importation into the United States. The vehicles which JK believes are 
substantially similar are MY 2011 Mercedes-Benz GL550 MPVs sold in the 
United States and certified by their manufacturer as conforming to all 
applicable FMVSS.
    The petitioner claims that it compared the CMVSS-certified MY 2011 
Mercedes-Benz GL550 CMVSS certified MPVs to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    The petitioner submitted information with its petition intended to 
demonstrate that the subject non-U.S.-certified vehicles 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 
2011 Mercedes-Benz GL550 CMVSS certified MPVs, as originally 
manufactured, conform to: Standard Nos. 102 Transmission Shift Position 
Sequence, Starter Interlock, and Transmission Braking Effect, 103 
Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and 
Washing Systems, 106 Brake Hoses, 108 Lamps, Reflective Devices and 
Associated Equipment, 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, 111 
Rearview Mirrors, 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, 201 Occupant Protection in Interior Impact, 202a Head 
Restraints; Mandatory Applicability Begins on September 1, 2009, 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; Applicable unless a Vehicle is Certified to 
Sec.  571.216a, 219 Windshield Zone Intrusion, 225 Child Restraint 
Anchorage Systems, 301 Fuel System Integrity, 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: Replacement of the 
instrument cluster with the U.S.-model component and reprogramming of 
its software as described in the petition. In addition, replacement of 
the engine start control push button switch with the U.S.-model 
component to correct the labeling to meet the requirements of the 
standard.
    Standard No. 138 Tire Pressure Monitoring Systems: Replacement or 
addition of U.S.-model TPMS components and the wiring harness, and then 
reprogramming of the vehicle ECUs as necessary to meet the requirements 
of the standard as described in the petition and shown in its 
attachments. The certifying manufacturer, Mercedes Benz, stated in a 
letter provided by the petitioner that they do not provide a retrofit 
or conversion to render this vehicle compliant with this specific 
standard. NHTSA is, therefore, specifically seeking public comment on 
whether the petitioner's proposed approach to conforming the subject 
vehicles to FMVSS No. 138 is capable of achieving conformity.
    The petitioner 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.

III. Comments

    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and considered. Comments filed after the closing date will also 
be considered to the fullest extent possible and available for 
examination in the docket at the above addresses.
    Once the petition is granted or denied, notice of the decision will 
be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    This notice of receipt of the subject 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.

Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-26059 Filed 11-29-18; 8:45 am]
 BILLING CODE 4910-59-P