Topics: Mercedes-Benz GL550
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Claudia W. Covell
National Highway Traffic Safety Administration
30 November 2018
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61718-61719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26059]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2018-0070; Notice 1]
Notice of Receipt of Petition for Decision That Certain
Nonconforming Model Year 2011 Mercedes-Benz GL550 Multipurpose
Passenger Vehicles Originally Certified to the Canadian Motor Vehicle
Safety Standards 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) 2011 Mercedes-Benz GL550 multipurpose passenger
vehicles (MPVs) that were not originally manufactured to comply with
all applicable Federal motor vehicle safety standards (FMVSS), but that
are certified by their original manufacturer as complying with all
applicable Canadian motor vehicle safety standards (CMVSS), 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 2011
Mercedes-Benz GL550 MPVs and are capable of being readily altered to
conform to the standards.
DATES: The closing date for comments on the petition is December 31,
2018.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket number cited in the title of this notice and submitted by any of
the following methods:
Mail: Send comments by mail addressed to the 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 the 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 for 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, 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: Neil Thurgood, Office of Vehicle
Safety Compliance, NHTSA (202-366-0712).
SUPPLEMENTARY INFORMATION:
I. History
Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally
[[Page 61719]]
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.
II. Summary of Petition
J.K. Technologies, LLC (JK), of Baltimore, Maryland (Registered
Importer R-90-006) has petitioned NHTSA to decide whether nonconforming
MY 2011 Mercedes-Benz GL550 CMVSS-certified MPVs are eligible for
importation into the United States. The vehicles which JK believes are
substantially similar are MY 2011 Mercedes-Benz GL550 MPVs sold in the
United States and certified by their manufacturer as conforming to all
applicable FMVSS.
The petitioner claims that it compared the CMVSS-certified MY 2011
Mercedes-Benz GL550 CMVSS certified MPVs to their U.S.-certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS.
The petitioner submitted information with its petition intended to
demonstrate that the subject non-U.S.-certified vehicles 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
2011 Mercedes-Benz GL550 CMVSS certified MPVs, as originally
manufactured, conform to: Standard Nos. 102 Transmission Shift Position
Sequence, Starter Interlock, and Transmission Braking Effect, 103
Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and
Washing Systems, 106 Brake Hoses, 108 Lamps, Reflective Devices and
Associated Equipment, 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, 111
Rearview Mirrors, 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, 201 Occupant Protection in Interior Impact, 202a Head
Restraints; Mandatory Applicability Begins on September 1, 2009, 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; Applicable unless a Vehicle is Certified to
Sec. 571.216a, 219 Windshield Zone Intrusion, 225 Child Restraint
Anchorage Systems, 301 Fuel System Integrity, 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: Replacement of the
instrument cluster with the U.S.-model component and reprogramming of
its software as described in the petition. In addition, replacement of
the engine start control push button switch with the U.S.-model
component to correct the labeling to meet the requirements of the
standard.
Standard No. 138 Tire Pressure Monitoring Systems: Replacement or
addition of U.S.-model TPMS components and the wiring harness, and then
reprogramming of the vehicle ECUs as necessary to meet the requirements
of the standard as described in the petition and shown in its
attachments. The certifying manufacturer, Mercedes Benz, stated in a
letter provided by the petitioner that they do not provide a retrofit
or conversion to render this vehicle compliant with this specific
standard. NHTSA is, therefore, specifically seeking public comment on
whether the petitioner's proposed approach to conforming the subject
vehicles to FMVSS No. 138 is capable of achieving conformity.
The petitioner 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.
III. Comments
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and considered. Comments filed after the closing date will also
be considered to the fullest extent possible and available for
examination in the docket at the above addresses.
Once the petition is granted or denied, notice of the decision will
be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
This notice of receipt of the subject 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.
Claudia W. Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-26059 Filed 11-29-18; 8:45 am]
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