Notice of Receipt of Petition for Decision That Nonconforming 2005 and 2006 Mercedes Benz S-Class Passenger Cars Manufactured Before September 1, 2006, Are Eligible for Importation

Topics:  Mercedes-Benz S-Class

Claude H. Harris
National Highway Traffic Safety Administration
January 8, 2010

[Federal Register: January 8, 2010 (Volume 75, Number 5)]
[Notices]               
[Page 1117-1118]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja10-104]                         

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0191; Notice 1]

 
Notice of Receipt of Petition for Decision That Nonconforming 
2005 and 2006 Mercedes Benz S-Class Passenger Cars Manufactured Before 
September 1, 2006, Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2005 and 2006 Mercedes Benz S-Class passenger cars manufactured before 
September 1, 2006, are eligible for importation.

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

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2005 and 2006 Mercedes Benz S-Class passenger cars manufactured before 
September 1, 2006, 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 
importation into and 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 2005 and 2006 Mercedes Benz S-Class passenger 
cars manufactured before September 1, 2006,) and they are capable of 
being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is February 8, 
2010.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: 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 your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://
www.regulations.gov.
    Follow the online instructions for accessing the dockets. The 
docket ID number and title of this notice are shown at the heading of 
this document notice. Please note that even after the comment closing 
date, we will continue to file relevant information in the Docket as it 
becomes available. Further, some people may submit late comments. 
Accordingly, we recommend that you periodically search the Docket for 
new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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.
    J.K. Technologies, LLC (``JK''), of Baltimore, Maryland (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2005 and 2006 Mercedes Benz S-Class passenger cars manufactured before 
September 1, 2006 are eligible for importation into the United States. 
The vehicles which JK believes are substantially similar are 2005 and 
2006 Mercedes Benz S-Class passenger cars manufactured before September 
1, 2006 that were manufactured for sale in the United States and 
certified by their manufacturer as conforming to all applicable FMVSS.
    The petitioner states that it compared non-U.S. certified 2005 and 
2006 Mercedes Benz S-Class passenger cars manufactured before September 
1, 2006 to their U.S.-certified counterparts, and found the vehicles to 
be substantially similar with respect to compliance with most FMVSS.
    JK submitted information with its petition intended to demonstrate 
that non-U.S. certified 2005 and 2006 Mercedes Benz S-Class passenger 
cars manufactured before September 1, 2006, as originally manufactured, 
conform to many 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 non-U.S. certified 2005 
and 2006

[[Page 1118]]

Mercedes Benz S-Class passenger cars manufactured before September 1, 
2006 are identical to their U.S. certified counterparts with respect to 
compliance with Standard Nos. 102 Transmission Shift Lever Sequence, 
Starter Interlock, and Transmission Braking Effect, 103 Windshield 
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing 
Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch 
System, 116 Motor Vehicle Brake Fluids, 124 Accelerator Control 
Systems, 135 Passenger Car Brake Systems, 201 Occupant Protection in 
Interior Impact, 202 Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention 
Components, 207 Seating Systems, 210 Seat Belt Assembly Anchorages, 212 
Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush 
Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity, 
and 302 Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) replacement of the 
instrument cluster with a U.S.-model component; (b) installation or 
activation of the U.S.-version control and display software and (c) 
installation of a U.S.-model cruise control lever.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of the following U.S.-model components on 
vehicles that are not already so equipped: (a) Front sidemarker lamps; 
(b) headlamps; (c) tail lamps with integral rear side marker lamps.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 114 Theft Protection: Installation of a supplemental 
key warning buzzer, or installation or activation of U.S.-version 
software to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Installation or activation of U.S.-version software in the 
vehicle's computer system to meet the requirements of this standard on 
vehicles that do not already have this software installed or activated.
    Standard No. 208 Occupant Crash Protection: Inspection of all 
vehicles and replacement of any non U.S.-model seat belts, and (b) 
installation or activation of U.S.-version software to ensure that the 
seat belt warning system meets the requirements of this standard.
    The petitioner states that with the exemption of the seat belts the 
occupant crash protection system used in these vehicles is identical to 
that found in the U.S.-certified model.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and installation of U.S.-model seat belts on vehicles that are not 
already so equipped.
    Standard No. 225 Child Restraint Anchorage Systems: Inspection of 
all vehicles and installation of U.S.-model child restraint anchorage 
system components on vehicles not already so equipped.
    Standard No. 401 Interior Trunk Release: Inspection of all vehicles 
and installation of U.S.-model components on vehicles not already so 
equipped.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicles near the left windshield post to 
meet the requirements of 49 CFR Part 565.
    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 addresses 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: January 4, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-56 Filed 1-7-10; 8:45 am]
BILLING CODE 4910-59-P