[Federal Register Volume 65, Number 139 (Wednesday, July 19, 2000)]
[Notices]
[Pages 44848-44850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 00-18246]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2000-7139]
Notice of Receipt of Petition for Decision that Nonconforming
1999-2000 Mercedes Benz Gelaendewagen Multi-Purpose Passenger Vehicles
Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1999-2000 Mercedes Benz Gelaendewagen multi-purpose passenger vehicles
(MPVs) 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
1999-2000 Mercedes Benz Gelaendewagen MPVs that were not originally
manufactured to comply with all applicable Federal motor vehicle safety
standards are eligible for importation into the United States because
(1) They are substantially similar to vehicles that were originally
manufactured for importation into and sale in the United States and
that were certified by their manufacturer as complying with the safety
standards, and (2) they are capable of being readily altered to conform
to the standards.
DATES: The closing date for comments on the petition is August 18,
2000.
ADDRESS: Comments should refer to the docket number and notice number,
and be submitted to: Docket Management, Room PL-401, 400 Seventh St.,
SW, Washington, DC 20590. [Docket hours are from 9 am to 5 pm]
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
Safety Compliance, NHTSA (202-366-5306).
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 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, 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
[[Page 44849]]
publishes this decision in the Federal Register
J.K. Motors of Baltimore, Maryland (``J.K.'') (Registered Importer
90-006) has petitioned NHTSA to decide whether 1999-2000 Mercedes Benz
Gelaendewagen MPVs are eligible for importation into the United States.
The vehicles which J.K. believes are substantially similar are 1999-
2000 Mercedes Benz Gelaendewagen MPVs that were manufactured for
importation into, and sale in, the United States, and certified by
Europa International, Inc. (``Europa''), as conforming to all
applicable Federal motor vehicle safety standards, prior to their
importation into the United States.
By way of explanation, in March 1998, Daimler Benz, A.G., as the
company was then known, provided a letter of understanding to Europa
under which Gelaendewagens manufactured in Graz, Austria, would be
produced to Europa's specifications, and then shipped to a Mercedes
facility in Germany for installation of additional electronic equipment
(OBD II) needed to effect compliance with Federal emissions control
requirements. DaimlerChrysler A.G. modified the letter of understanding
in December 1999 to state that incomplete vehicles, for which it would
make no representation of compliance, would be sent to the German
facility for completion. At the end of either process, Europa certifies
compliance with all applicable Federal requirements of the Department
of Transportation and the Environmental Protection Agency. Under these
factual circumstances, the agency regards Europa as the
``manufacturer'' of the Gelaendewagens that it has certified to U.S.
standards, and JK Imports as entitled to petition for an eligibility
determination on the basis that the Gelaendewagens it wishes to import
are substantially similar to vehicles certified by their original
manufacturer for sale in the United States.
The petitioner claims that it carefully compared non-U.S. certified
1999-2000 Mercedes Benz Gelaendewagen MPVs to their U.S.-certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most Federal motor vehicle safety standards.
J.K. submitted information with its petition intended to
demonstrate that non-U.S. certified 1999-2000 Mercedes Benz
Gelaendewagen MPVs, as originally manufactured, conform to many Federal
motor vehicle safety standards 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 1999-
2000 Mercedes Benz Gelaendewagen MPVs are identical to their U.S.
certified counterparts 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, 113 Hood Latch Systems, 116
Brake Fluid, 119 New Pneumatic Tires for Vehicles other than Passengers
Cars, 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 Retention, 216 Roof Crush
Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity,
and 302 Flammability of Interior Materials.
Petitioner also contends that the vehicles are 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 a noncomplying symbol on the brake
failure indicator lamp; (b) replacement of the speedometer with one
calibrated in miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Installation of U.S.-model headlamps and front
sidemarker lamps; (b) modification of U.S.-model taillamp assemblies
and addition of U.S.-model marker light assemblies; (c) installation of
a U.S.-model high mounted stop lamp assembly.
Standard No. 111 Rearview Mirror: replacement of the passenger side
rearview mirror with a U.S.-model component etched with the appropriate
warning statement.
Standard No. 114 Theft Protection: installation of a warning buzzer
and a warner buzzer microswitch in the steering lock assembly on
vehicles that are not already so equipped.
Standard No. 118 Power Window Systems: installation, on vehicles
that are not already so equipped, of a relay in the power window system
so that the windows will not operate when the ignition is switched off.
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: (a) Installation of a
seat belt warning buzzer, wired to the driver's seat belt latch; (b)
inspection of all vehicles imported and replacement of the air bags,
control units, sensors, and seat belts with U.S.-model components on
vehicles that are not already so equipped. The petitioner states that
the vehicles are equipped with driver's and passenger's side air bags
and knee bolsters, with combination lap and shoulder belts that are
self-tensioning and that release by means of a single red push button
at the front and rear outboard seating positions, and with a lap belt
at the rear center seating position.
Standard No. 214 Side Impact Protection: Installation of doorbars
in vehicles that are not already so equipped.
Before submitting its request, the petitioner asked on July 2,
1999, for a determination of confidentiality regarding certain
modifications it planned to make in conforming the vehicle to FMVSS No.
108 and 208. The petitioner asserted that the engineering modifications
necessary for testing were substantial and considered proprietary due
to the expense of development, and that the information could result in
substantial competitive harm if disclosed. The agency granted the
petitioner's request on September 1, 1999. Accordingly, the petition
that was filed on April 4, 2000, and that is available to the public
states, with respect to FMVSS No. 108 that the modifications to the
taillamp assemblies have been previously granted confidentiality. With
respect to FMVSS No. 208, the petition states that ``This vehicle will
meet frontal impact test requirements with structural modifications
described in a submission that has been granted confidentiality by
NHTSA's Office of Chief Counsel under 49 CFR 512.''
The petitioner also states that a vehicle identification plate must
be affixed to the vehicle near the left windshield post and a reference
and certification label must be affixed in the area of the left front
door post to to meet the requirements of 49 CFR part 565.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Docket Management, Room PL-401, 400 Seventh St., SW.,
Washington, DC 20590. [Docket hours are from 9 am to 5 pm]. 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
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will be available for examination in the docket at the above address
both before and 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 July 13, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 00-18246 Filed 7-18-00; 8:45 am]
BILLING CODE 4910-59-P