Notice of Receipt of Petition for Decision That Nonconforming Model Year 2012-2014 Mercedes Benz G500 and G500 Cabriolet Multi-Purpose Vehicles Are Eligible for Importation

Topics:  Mercedes Benz G500

Otto G. Matheke III
National Highway Traffic Safety Administration
10 December 2020

[Federal Register Volume 85, Number 238 (Thursday, December 10, 2020)]
[Notices]
[Pages 79561-79562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27148]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0059; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2012-2014 Mercedes Benz G500 and G500 Cabriolet Multi-
Purpose Vehicles Are Eligible for Importation

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

ACTION: Receipt of petition.

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SUMMARY: This document announces the National Highway Traffic Safety 
Administration (NHTSA) receipt of a petition for a decision that model 
year (MY) 2012-2014 Mercedes Benz G500 and G500 Cabriolet Multi-Purpose 
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 2012-2014 Mercedes Benz G500 and G500 Cabriolet MPVs) and are 
capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is January 11, 
2021.

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 may be 
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 along 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.
    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: Robert Mazurowski, Office of Vehicle 
Safety Compliance, NHTSA (202-366-1012).

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.

[[Page 79562]]

30115, and of the same MY 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 
of each petition that it receives in the Federal Register, 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.
    G&K Automotive Conversion, Inc, (Registered Importer R-90-007), of 
Santa Ana, California has petitioned NHTSA to decide whether 
nonconforming 2012-2014 Mercedes Benz G500 and G500 Cabriolet MPVs are 
eligible for importation into the United States. The vehicles which G&K 
Automotive Conversion believes are substantially similar are MY 2012-
2014 Mercedes Benz G500 and G500 Cabriolet 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 2012-
2014 Mercedes Benz G500 and G500 Cabriolet MPVs to their U.S. certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    G&K Automotive Conversion submitted information with its petition 
intended to demonstrate that non-U.S. certified MY 2012-2014 Mercedes 
Benz G500 and G500 Cabriolet 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 2012-2014 Mercedes Benz G500 and G500 Cabriolet MPVs, as 
originally manufactured, conform to: FMVSS Nos. 102, Transmission Shift 
Position Sequence, Starter Interlock, and Transmission Braking Effect, 
103, Windshield Defrosting and Defogging Systems, 104, Windshield 
Wiping and Washing Systems, 105, Hydraulic and Electric Brake Systems, 
106, Brake Hoses, 108, Lamps, Reflective Devices and Associated 
Equipment, 113, Hood Latch System, 114, Theft Protection and Rollaway 
Prevention, 116, Motor Vehicle Brake Fluids, 118, Power-Operated 
Window, Partition, and Roof Panel System, 124, Accelerator Control 
Systems, 126, Electronic Stability 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; Applicable at the Manufacturers 
Option until September 1, 2009, 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, 401, Interior trunk release. Furthermore, the 
petitioner states the petition vehicle has the identical anti-theft 
devices as found on the U.S. Companion Model and therefore meets the 
requirements set forth in 49 CFR part 541. Likewise, the petitioner 
states the petition vehicle has identical bumpers as the U.S. Companion 
Model and therefore meets the requirements set forth in 49 CFR part 
581.
    The petitioner also contends that the subject non-U.S. certified 
vehicles are capable of being readily altered to meet the following 
FMVSS, in the manner indicated:
    FMVSS No. 101, Controls and Displays: Programming of the 
speedometer to display Mph and miles. FMVSS 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: Installation of the required tire information placard. 
FMVSS No. 111, Rear Mirrors: Inscription of the required warning 
statement on the face of the passenger mirror.
    The petitioner additionally 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, as well as, a reference 
and certification label added to the left front door post area to meet 
the requirements of 49 CFR part 567.

    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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-27148 Filed 12-9-20; 8:45 am]
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