Notice of Receipt of Petition for Decision that Nonconforming 1992 Mercedes-Benz 260E Passenger Cars Are Eligible for Importation Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: William A. Boehly Date: 6 December 1994 Subject: American Government Topic: Mercedes-Benz 260E

[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29997]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-93; Notice 1]

 

Notice of Receipt of Petition for Decision that Nonconforming 
1992 Mercedes-Benz 260E Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1992 Mercedes-Benz 260E 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 decision that a 1992 
Mercedes-Benz 260E 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 altered to conform to the standards.

DATES: The closing date for comments on the petition is January 5, 
1995.

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 a.m. to 4 p.m.]

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 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 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. Sec. 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 altered to conform to 
all applicable Federal motor vehicle safety standards.
    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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered 
Importer No. R-90-009) has petition NHTSA to decide whether 1992 
Mercedes-Benz 260E (Model ID 124.026) passenger cars are eligible for 
importation into the United States. The vehicle which Champagne 
believes is substantially similar is the 1992 Mercedes-Benz 300E. 
Champagne has submitted information indicating that Daimler Benz A.G., 
the company that manufactured the 1992 Mercedes-Benz 300E, 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 260E to the 
300E, and found the two models to be substantially similar with respect 
to compliance with most applicable Federal motor vehicle safety 
standards.
    Champagne submitted information with its petition intended to 
demonstrate that the 1992 model 260E, as originally manufactured, 
conforms to many Federal motor vehicle safety standards in the same 
manner as the 1992 model 300E that was offered for sale in the United 
States, or is capable of being readily altered to conform to those 
standards.
    Specifically, the petitioner claims that the 1992 model 260E is 
identical to the certified 1992 model 300E 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, 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 1992 model 260E 
complies with the Bumper Standard found in 49 CFR Part 581.
    Petitioner also contends that the vehicle is capable of being 
readily altered 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 headlamp assemblies which 
incorporate sealed beam headlamps; (b) installation of U.S.-model front 
and rear sidemarker/reflector assembles; (c) installation of U.S.-model 
taillamp assemblies; (d) 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 convex 
passenger side rearview mirror.
    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. 206 Door Locks and Door Retention Components: 
replacement of the rear door locks and locking buttons with U.S.-model 
parts.
    Standard No. 208 Occupant Crash Protection: (a) installation of a 
U.S.-model seat belt in the driver's position, or a belt webbing-
actuated microswitch inside the driver's seat belt retractor; (b) 
installation of an ignition switch-actuated seat belt warning lamp and 
buzzer; (c) installation of a factory-supplied knee bolster to augment 
the vehicle's passive restraint system. The petitioner states that the 
remaining components of the vehicle's passive restraint system, 
consisting of a driver's side air bag, control unit, and sensor, have 
part numbers identical to those found on the U.S. certified 1992 model 
300E. The petitioner further states that the 1992 model 260E is 
equipped at its two front seating positions with combination lap and 
shoulder belts that adjust by means of an automatic retractor and 
release by means of a single push button, and that it is equipped with 
combination lap and shoulder belts with a single button release at its 
rear outboard seating positions, and with a lap belt at its rear center 
seating position.
    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, S.W., 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.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-29997 Filed 12-5-94; 8:45 am]
BILLING CODE 4910-59-M