Receipt of Petition for Determination that Nonconforming 1991 Mercedes-Benz 230CE Passenger Cars Are Eligible for Importation

Topics:  Mercedes-Benz 230CE

William A. Boehly
National Highway Traffic Safety Administration
22 July 1994

[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17925]


[[Page Unknown]]

[Federal Register: July 22, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-62; Notice 1]

 

Receipt of Petition for Determination that Nonconforming 1991 
Mercedes-Benz 230CE Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that 
nonconforming 1991 Mercedes-Benz 230CE passenger cars are eligible for 
importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a determination that a 
1991 Mercedes-Benz 230CE that was not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards is eligible 
for importation into the United States because (1) it is substantially 
similar to a vehicle that was originally manufactured for importation 
into and sale in the United States and that was certified by its 
manufacturer as complying with the safety standards, and (2) it is 
capable of being readily modified to conform to the standards.

DATES: The closing date for comments on the petition is August 22, 
1994.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Section, room 5109, National 
Highway Traffic Safety Administration, 400 Seventh St. SW., Washington, 
DC 20590. (Docket hours are from 9:30 am to 4 pm).

FOR FURTHER INFORMATION CONTACT: Ted Bayler, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(I) 
of the National Traffic and Motor Vehicle Safety Act (the Act)), a 
motor vehicle that was not originally manufactured to conform to all 
applicable Federal motor vehicle safety standards shall be refused 
admission into the United States unless NHTSA has determined 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 (formerly section 114 of the Act), and 
of the same model year as the model of the motor vehicle to be 
compared, and is capable of being readily modified to conform to all 
applicable Federal motor vehicle safety standards.
    Petitions for eligibility determinations 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 determines, 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 determination 
in the Federal Register.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer No. R-90-007) has petitioned NHTSA to determine 
whether 1991 Mercedes-Benz 230CE (Model ID 124.043) passenger cars are 
eligible for importation into the United States. The vehicle which G&K 
believes is substantially similar is the 1991 Mercedes-Benz 300CE. G&K 
has submitted information indicating that Daimler Benz A.G., the 
company that manufactured the 1991 Mercedes-Benz 300CE, certified that 
vehicle as conforming to all applicable Federal motor vehicle safety 
standards and offered it for sale in the United States.
    The petitioner contends that it carefully compared the 230CE to the 
300CE, and found the two models to be substantially similar with 
respect to compliance with most applicable Federal motor vehicle safety 
standards.
    G&K submitted information with its petition intended to demonstrate 
that the 1991 model 230CE, as originally manufactured in the same 
manner as the 1991 model 300CE that was offered for sale in the United 
States, or is capable of being readily modified to conform to those 
standards.
    Specifically, the petitioner claims that the 1991 model 230CE is 
identical to the certified 1991 model 300CE with respect to compliance 
with Standards Nos. 102 Transmission Shift Lever Sequence * * * *, 103 
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing 
Systems, 105 Hydraulic Brake Systems, 106 Brake Hoses, 107 Reflecting 
Surfaces, 109 New Pneumatic Tires, 113 Hood Latch Systems, 116 Brake 
Fluid, 124 Accelerator Control 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, 209 Seat Belt Assemblies, 210 Seat 
Belt Assembly Anchorages, 211 Wheel Nuts, Wheel Discs and Hubcaps, 212 
Windshield Retention, 216 Roof Crush Resistance, 219 Windshield Zone 
Intrusion, and 302 Flammability of Interior Materials.
    Additionally, the petitioner states that the bumpers on the 1991 
model 230CE must be reinforced to comply with the Bumper standard found 
in 49 CFR Part 581.
    Petitioner also contends that the vehicle is capable of being 
readily modified to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) substitution of a lens 
marked ``Brake'' for a lens with an ECE symbol on the brake failure 
indicator lamp; (b) installation of a seat belt warning lamp; (c) 
recalibration of the speedometer/odometer from kilometers to miles per 
hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model sealed beam headlamps and 
front sidemarkers; (b) installation of U.S.-model taillamp lenses which 
incorporate rear sidemarkers; (c) installation of a high mounted stop 
lamp.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: replacement of the passenger 
side rear view mirror, which is convex, but lacks the required warning 
statement.
    Standard No. 114 Theft Protection: installation of a buzzer 
microswitch and a warning buzzer in the steering lock assembly.
    Standard No. 115 Vehicle Identification Number: installation of a 
VIN plate that can be read from outside the left windshield pillar, and 
a VIN reference label on the edge of the door or latch post nearest the 
driver.
    Standard No. 118 Power Window Systems: rewiring of the power window 
system so that the window transport is inoperative when the ignition is 
switched off.
    Standard No. 208 Occupant Crash Protection: (a) installation of a 
seat belt warning buzzer; (b) installation of U.S.-model knee bolsters 
to augment the vehicle's air bag based passive restraint system, which 
otherwise conforms to the standard.
    Standard No. 214 Side Door Strength: installation of reinforcing 
beams
    Standard No. 301 Fuel System Integrity: installation of a rollover 
valve in the fuel tank vent line between the fuel tank and the 
evaporative emissions collection canister.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Section, National Highway Traffic Safety 
Administration, room 5109, 400 Seventh Street, SW., Washington, DC 
20590. It is requested but not required that 10 copies be submitted.
    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 address 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) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: July 15, 1994.
William A. Boehly,
Associated Administrator for Enforcement.
[FR Doc. 94-17925 Filed 7-21-94; 8:45 am]
BILLING CODE 4910-59-M