Notice of Receipt of Petition for Decision That Nonconforming Long-Wheel Base 2005 Mercedes-Benz G-Class (463 Chassis) Multi-Purpose Passenger Vehicles Are Eligible for Importation

Topics:  Mercedes-Benz G-Class

Claude H. Harris
National Highway Traffic Safety Administration
February 14, 2013

[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10686-10687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03459]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0012, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Long-Wheel Base 2005 Mercedes-Benz G-Class (463 Chassis) Multi-Purpose 
Passenger Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2005 Long-Wheel Base (LWB) Mercedes-Benz G-class (463 chassis) multi-
purpose passenger 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 2005 LWB Mercedes-Benz G-class (463 chassis) 
MPV) and they are capable of being readily altered to conform to the 
standards.

DATE: The closing date for comments on the petition is March 18, 2013.

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: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

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. Sec.  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,

[[Page 10687]]

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. of Santa Ana, California 
(G&K)(Registered Importer 90-007) has petitioned NHTSA to decide 
whether nonconforming 2005 LWB Mercedes-Benz G-class (Type 463) MPVs 
are eligible for importation into the United States. The vehicles which 
WETL believes are substantially similar are 2005 LWB Mercedes-Benz G-
class (Type 463) MPVs that were manufactured for importation into and 
sale 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 2005 LWB 
Mercedes-Benz G-class (Type 463) MPVs to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS. G&K submitted information with 
its petition intended to demonstrate that non-U.S. certified 2005 LWB 
Mercedes-Benz G-class (Type 463) MPVs, 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 LWB Mercedes-Benz G-class (Type 463) MPVs 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; 105 
Hydraulic and Electric Brake Systems; 106 Brake Hoses; 113 Hood Latch 
System; 116 Motor Vehicle Brake Fluids; 119 New Pneumatic Tires; 124 
Accelerator Control 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; 209 Seat Belt Assemblies; 210 Seat 
Belt Assembly Anchorages; 212 Windshield Mounting; 216 Roof Crush 
Resistance; 219 Windshield Zone Intrusion; 225 Child Restraint 
Anchorage Systems; and 302 Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being 
altered to meet the following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Replacement of the 
instrument cluster with a U.S.-model component and reprogramming and 
initializing the vehicle control system to integrate the instrument 
cluster and activate the required warning systems.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.- model headlamps and front and rear 
side marker lamps.
    Standard No. 111 Rearview Mirrors: Replacement of the passenger-
side rearview mirror with a U.S.-model component, or inscription of the 
required warning statement on the face of that mirror.
    Standard No. 114 Theft Protection: Reprogramming the vehicle's 
control system so that the required warning is activated when the key 
is in the ignition and the driver's door is open.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Reprogramming the vehicle's control system and door modules so 
that the window transport mechanism is inoperative when the ignition is 
turned in the off position.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles Other 
than Passenger Cars: Installation of a tire information placard.
    Standard No. 208 Occupant Crash Protection: Reprogramming the 
interior control computer to activate the seat belt warning system.
    The petitioner also stated that the vehicles are equipped with an 
automatic restraint system that consists of a seat belt warning lamp, 
driver and passenger air bags and knee bolsters, air bag crash sensors, 
and an air bag control unit. The vehicles are also equipped in the 
front and rear outboard seating positions with Type 2 lap and shoulder 
belts identical to those found on the vehicle's U.S. certified 
counterpart that are self-tensioning and released by means of a single 
red push button.
    Standard No. 214Side Impact Protection: Inspection of each vehicle 
to ensure it is equipped with door beams that meet the requirements of 
the standard.
    Standard No. 301 Fuel System Integrity: Inspection of each vehicle 
and replacement of non-U.S. model components with U.S. model components 
to meet the requirement of the standard.
    In addition, the petitioner states that a vehicle identification 
number (VIN) plate must be installed in the area of the left windshield 
post with the vehicle's original VIN identified as a substitute for a 
U.S. VIN 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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: February 11, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-03459 Filed 2-13-13; 8:45 am]
BILLING CODE 4910-59-P