Notice of Receipt of Petition for Decision That Nonconforming Model Year 2012 Mercedes Benz CLS 63 AMG Passenger Cars Manufactured for the Mexican Market Are Eligible for Importation |
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Topics: Mercedes-Benz CLS 63 AMG
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Michael A. Cole
National Highway Traffic Safety Administration
2 July 2018
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 31033-31034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14206]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0074; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2012 Mercedes Benz CLS 63 AMG Passenger Cars Manufactured
for the Mexican Market Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (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
certain model year (MY) 2012 Mercedes Benz CLS 63 AMG passenger cars
manufactured for the Mexican market 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 Mercedes Benz CLS 63 AMG passenger cars)
and they are capable of being readily altered to conform to the
standards.
DATES: The closing date for comments on the petition is August 1, 2018.
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
submitted by any of the following methods:
Mail: Send comments by mail addressed to 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 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
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 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.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
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: 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. 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.
Wallace Environmental Testing Laboratories (WETL), of Houston,
Texas (Registered Importer R-90-005) has petitioned NHTSA to decide
whether nonconforming MY 2012 Mercedes Benz CLS 63 AMG passenger cars
originally manufactured for the Mexican market are eligible for
importation into the United States. The vehicles which WETL believes
are substantially similar are MY 2012 Mercedes Benz CLS 63 AMG
passenger cars 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
Mercedes Benz CLS 63 AMG passenger cars manufactured for the Mexican
market to their U.S.-certified counterparts, and found the vehicles to
be substantially similar with respect to compliance with most FMVSS.
[[Page 31034]]
WETL submitted information with its petition intended to
demonstrate that those non-U.S. certified MY 2012 Mercedes Benz CLS 63
AMG passenger cars, 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 Mercedes Benz CLS 63 AMG passenger cars, as originally
manufactured, conform to: Standard Nos. 102 Transmission Shift Lever
Sequence, 103 Windshield Defrosting and Defogging Systems, 104
Windshield Wiping and Washing Systems, 106 Brake Hoses, 113 Hood Latch
System, 114 Theft Protection and Rollaway Prevention, 116 Motor Vehicle
Brake Fluids, 118 Power-Operated Window, Partition, and Roof Panel
Systems, 124 Accelerator Control Systems, 126 Electronic Stability
Control Systems, 135 Light Vehicle Brake Systems, 138 Tire Pressure
Monitoring 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, 208 Occupant Crash Protection, 209 Seat Belt Assemblies, 210
Seat Belt Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact
Protection, 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 subject non-U.S. certified
passenger cars are capable of being readily altered to meet the
following standards, in the manner indicated:
Standard No. 101 Controls and Displays: The instrument cluster can
be programmed by the driver to display in metric or standard units as
well as multiple languages without hardware or software changes. The
brake warning telltale must be modified by replacing the tachometer,
changing the faceplate of the current tachometer, or adding a new brake
telltale.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: The headlamps and taillamps must be removed and replaced
with conforming lamps.
Standard 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: The vehicle
requires addition of a conforming tire and rim information label.
Standard No. 111 Rearview Mirrors: The passenger side mirror must
be etched with the phrase ``OBJECTS IN MIRROR ARE CLOSER THAN THEY
APPEAR.'' This will be achieved by applying a photomask template
bearing the phrase, and sandblasting the photomasked area with 150 grit
aluminum oxide.
Standard No. 301 Fuel System Integrity: The vehicle must be
equipped with a rollover valve in the fuel tank vent line between the
fuel tank and the evaporative emissions collection canister.
Wallace further states that labels will be affixed to conform the
vehicle to the requirements of 49 CFR parts 565 and 567, VIN Content
and Certification, respectively.
This notice of receipt of WETL's petition does not represent any
agency decision or other exercise of judgment concerning the merits of
the petition. 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.
Michael A. Cole,
Acting Director Office of Vehicle Safety Compliance.
[FR Doc. 2018-14206 Filed 6-29-18; 8:45 am]
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