[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Notices]
[Pages 19461-19462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8483]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2010-0045]
Receipt of Petition for Decision That Nonconforming 2006 and 2007
Mercedes Benz G-Class Long-Wheelbase MPVs Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of petition.
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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) has
received a petition to decide that 2006 and 2007 Mercedes Benz G-Class
(463 chassis) LWB multipurpose passenger vehicles (MPVs) 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: (1) 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 2006 and 2007 Mercedes Benz G-Class (463
chassis) LWB MPV), and (2) they are capable of being readily altered to
conform to the standards.
DATES: The closing date for comments on the petition is May 14, 2010.
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)(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 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
[[Page 19462]]
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.
J.K. Technologies, LLC, of Baltimore, Maryland (J.K.) (Registered
Importer 90-006) has petitioned NHTSA to decide whether nonconforming
2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs are eligible
for importation into the United States. The vehicles which J.K.
believes are substantially similar are 2006 and 2007 Mercedes Benz G-
Class (463 chassis) LWB MPVs that were manufactured for sale in the
United States and certified by their manufacturer as conforming to all
applicable FMVSS.
The petitioner claims that it carefully compared non-U.S. certified
2006 and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs, to their
U.S.-certified counterparts, and found the vehicles to be substantially
similar with respect to compliance with most FMVSS.
J.K. submitted information with its petition intended to
demonstrate that non-U.S. certified 2006 and 2007 Mercedes Benz G-Class
(463 chassis) LWB MPVs, as originally manufactured, conform to many
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 non-U.S. certified 2006
and 2007 Mercedes Benz G-Class (463 chassis) LWB MPVs, are identical to
their U.S.-certified counterparts with respect to compliance with
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, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 124
Accelerator Control Systems, 135 Light Vehicle Brake Systems, 139 New
Pneumatic Radial Tires for Light Vehicles, 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, 210 Seat Belt Assembly Anchorages, 212
Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush
Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity,
and 302 Flammability of Interior Materials.
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) Replacement of the instrument cluster with a U.S.-model
component; (b) installation or activation of the U.S.-version control
and display software; and (c) installation of a U.S.-model cruise
control lever.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Installation of the following U.S.-model components on
vehicles that are not already so equipped: (a) Front sidemarker lamps;
(b) headlamps; and (c) tail lamps with integral rear side marker lamps.
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 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 on all vehicles not already so
equipped.
Standard No. 114 Theft Protection: Installation of U.S.-version
software on all vehicles not already so equipped.
Standard No. 118 Power-Operated Window, Partition, and Roof Panel
Systems: Installation or activation of U.S.-version software in the
vehicle's computer system to meet the requirements of this standard on
vehicles that do not already have this software installed or activated.
Standard No. 138 Tire Pressure Monitoring Systems: Inspection of
all vehicles and installation of a conforming tire monitoring system 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.
The petitioner states that the occupant crash protection systems
used in these vehicles are identical to the U.S.-version with the
exception of the front and rear passenger seat belt assemblies. All
seat belt assemblies with the exception of the driver's seat belt
assembly must be replaced with ones that meet the requirements of FMVSS
No. 208 and FMVSS No. 209.
Standard No. 209 Seat Belt Assemblies: All seat belt assemblies
with the exception of the driver's seat belt assembly must be replaced
with ones that meet the requirements of FMVSS No. 208 and FMVSS No.
209.
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.
The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicles near the left windshield post to
meet the requirements of 49 CFR part 565.
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: April 8, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-8483 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-59-P