Notice of Receipt of Petition for Decision That Nonconforming 2005 Mercedes-Benz 350 CLS Passenger Cars Are Eligible for Importation

Topics:  NHTSA, Mercedes-Benz CLS 350

Claude H. Harris (Federal Register)
May 17, 2011

[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Notices]
[Pages 28501-28502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11993]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2011-0019, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2005 Mercedes-Benz 350 CLS Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Notice of receipt of petition for decision that nonconforming 
2005 Mercedes-Benz 350 CLS passenger cars are eligible for importation.

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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 Mercedes-Benz 350 CLS passenger cars 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 have safety features that comply with, or are capable of 
being altered to comply with, all such standards.

DATES: The closing date for comments on the petition is June 16, 2011.

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)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    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 notices 
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.
    G&K Automotive Conversion, Inc. of Santa Ana, California (G&K) 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
nonconforming 2005 Mercedes-Benz 350 CLS passenger cars are eligible 
for importation into the United States. G&K believes that these 
vehicles are capable of being modified to meet all applicable FMVSS.
    In its petition, G&K described the nonconforming 2005 Mercedes-Benz 
350 CLS as the same model as the U.S.-certified 2006 Mercedes-Benz CLS 
class. Because the 350 CLS model was introduced in Europe as a new 
model in 2005, prior to the introduction of the

[[Page 28502]]

U.S-certified introduction of the CLS class in 2006, the petitioner 
acknowledged that it could not base its petition on the substantial 
similarity of the 2005 Mercedes-Benz 350 CLS to the U.S.-certified 2006 
Mercedes-Benz CLS class due to the model year discrepancy and the 
petitioning requirements of 49 U.S.C. 30141(a)(1)(A), as set forth in 
49 CFR part 593. Instead, the petitioner chose to establish import 
eligibility on the basis that the vehicles have safety features that 
comply with, or are capable of being modified to comply with, the FMVSS 
based on destructive test data or such other evidence that NHTSA 
decides to be adequate as set forth in 49 U.S.C Part 30141(a)(1)(B). 
The petitioner contends that the 2005 Mercedes-Benz 350 CLS utilizes 
the same components as the U.S.-certified 2006 Mercedes-Benz 350 CLS in 
virtually all of the systems subject to the applicable FMVSS.
    G&K submitted information with its petition intended to demonstrate 
that non-U.S. certified 2005 Mercedes-Benz 350 CLS passenger cars 
conform to many FMVSS and are capable of being altered to comply with 
all other standards to which they were not originally manufactured to 
conform.
    Specifically, the petitioner claims that non-U.S. certified 2005 
Mercedes-Benz 350 CLS passenger cars, as originally manufactured, 
conform to: 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, 118 Power-Operated Window, 
Partition, and Roof Panel Systems, 124 Accelerator Control Systems, 135 
Light Vehicle Brake Standard, 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, 212 Windshield Mounting, 
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield 
Zone Intrusion, 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: Installation of U.S.-model 
instrument cluster and U.S.-version software.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.-model: (a) Headlamps; and (b) front 
side marker lamps with reflex reflectors.
    Standard No. 110 Tire Selection and Rims and Motor Home/
Recreational Vehicle Trailer Load Carrying Capacity Information for 
Motor Vehicles with a GVWR of 4,536 Kilograms (10,000 pounds) or Less: 
Installation of a tire and rim 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 U.S.-version 
software, or a supplemental key warning system to meet the requirements 
of this standard.
    Standard No. 206 Door Locks and Door Retention Components: 
Inspection of all vehicles and installation of a conforming door lock 
and door retention components on vehicles not already so equipped.
    Standard No. 208 Occupant Crash Protection: Installation or 
activation of U.S.-version software to ensure that the seat belt 
warning system meets the requirements of this standard.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
U.S.-model child restraint anchorage system components that meet the 
requirements of FMVSS No. 225.
    Standard No. 301 Fuel System Integrity: Inspection of all vehicles 
and installation of U.S.-conforming components on vehicles not already 
so equipped to ensure that the fuel system meets the requirements of 
this standard.
    Standard No. 401 Interior Trunk Release: Installation of U.S.-model 
interior trunk release components to ensure that the vehicle meets the 
requirements of this standard.
    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: May 6, 2011.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-11993 Filed 5-16-11; 8:45 am]
BILLING CODE 4910-59-P