Receipt of Petition for Decision That Nonconforming 1994 Mercedes-Benz S320 Passenger Cars Are Eligible for Importation Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Marilynne Jacobs Date: 1 May 1995 Subject: American Government • Safety Topic: Mercedes-Benz S320

[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21239-21240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10639]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-32; Notice 1]


Receipt of Petition for Decision That Nonconforming 1994 
Mercedes-Benz S320 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1994 Mercedes-Benz S320 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 1994 
Mercedes-Benz S320 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 May 31, 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 am to 4 pm.)

FOR FURTHER INFORMATION CONTACT: George Entwistle, 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. 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 (``Champagne'') 
(Registered Importer 90-009) has petitioned NHTSA to decide whether 
1994 Mercedes-Benz S320 (Model ID 140.033) passenger cars are eligible 
for importation into the United States. The vehicle which Champagne 
believes is substantially similar is the 1994 Mercedes-Benz S320 that 
was manufactured for importation into, and sale in, the United States 
and certified by its manufacturer, Daimler Benz A.G., as conforming to 
all applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared the non-U.S. 
certified 1994 Mercedes-Benz S320 to its U.S. certified counterpart, 
and found the two vehicles to be substantially similar with respect to 
compliance with most Federal motor vehicle safety standards.
    Champagne submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1994 Mercedes-Benz S320, as 
originally manufactured, conforms to many Federal motor vehicle safety 
standards in the same manner as its U.S. certified counterpart, or is 
capable of being readily altered to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1994 Mercedes-Benz S320 is identical to its U.S. certified counterpart 
with respect to compliance with Standard 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, 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 non-U.S. certified 
1994 Mercedes-Benz S320 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 assemblies; (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 Mirror: replacement of the passenger side 
rearview mirror with a U.S.-model component.
    Standard No. 114 Theft Protection: installation of a warning 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 door lock buttons. 
[[Page 21240]] 
    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 U.S.-model driver's and passenger's side 
airbags and knee bolsters. The petitioner states that the vehicle is 
equipped at its front designated 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. The petitioner also states 
that the vehicle is equipped in at its rear outboard seating positions 
with combination lap and shoulder belts that have a single release 
button, and with a lap belt in the rear center seating position.
    Standard No. 214 Side Impact Protection: 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, SW., 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.

    Issued on: April 26, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-10639 Filed 4-28-95; 8:45 am]
BILLING CODE 4910-59-P