
[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Notices]
[Pages 65444-65445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26347]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0148, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1991 Mercedes-Benz G-Class (463 Chassis) Multi-Purpose Passenger 
Vehicles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, 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 
1991 Mercedes-Benz G-class (463 chassis) multi-purpose 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 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 November 26, 
2012.

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: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

SUPPLEMENTARY INFORMATION:

[[Page 65445]]

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 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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(WETL) (Registered Importer 90-005) has petitioned NHTSA to decide 
whether nonconforming 1991 Mercedes-Benz G-class (463 chassis) MPVs are 
eligible for importation into the United States. WETL believes these 
vehicles are capable of being modified to meet all applicable FMVSS.
    In its petition, WETL noted that over a period of years, NHTSA has 
granted import eligibility to a number of Mercedes-Benz G-class 
(a.k.a., Gelaendewagen) vehicles based on the 463 chassis. These 
include long wheel base (LWB) and short wheel base (SWB) models as well 
as cabriolet, 3 door, and other body versions of the vehicle (assigned 
vehicle eligibility numbers VCP-11, 15, 16, and 18). These eligibility 
decisions were based on petitions submitted by several Registered 
Importers (RIs) who claimed that the vehicles were capable of being 
altered to comply with all applicable FMVSS.
    Because those vehicles were not manufactured for importation into 
and sale in the United States, and were not certified by their original 
manufacturer (Daimler Ag), as conforming to all applicable FMVSS, they 
cannot be categorized as ``substantially similar'' to the vehicle that 
is the subject of the instant petition for the purpose of establishing 
import eligibility of that vehicle under 49 U.S.C. 30141(a)(1)(A). 
Therefore, the agency will consider WETL's petition as a petition 
pursuant to 49 U.S.C. 30141(a)(1)(B).
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified 1991 Mercedes-Benz G-class (463 
chassis) MPVs 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 1991 
Mercedes-Benz G-class (463 chassis) MPVs, 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, 105 Hydraulic and Electric Brake Systems, 106 Brake Hoses, 113 
Hood Latch System, 116 Motor Vehicle Brake Fluids, 119 New Pneumatic 
Tires, 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, 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: Replacement of the 
instrument cluster with a U.S.-model component.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: If the vehicle is not already so equipped, installation of 
U.S.-model: (a) Headlamps; (b) front and rear side marker lamps; (c) 
tail lamp lenses; and (d) front turn signal lamps.
    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 software to 
reprogram the system to comply.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Inspection of each vehicle and reprogramming or rewiring of 
the power operated window system.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles Other 
Than Passenger Cars: Installation of a tire and rim information 
placard.
    Standard No. 206 Door Locks and Door Retention Components: 
Replacement of door latch system components with U.S.-model components.
    Standard No. 208 Occupant Crash Protection: Reprogramming the 
software for the seat belt warning system to meet the requirements of 
this standard.
    The petitioner also stated that the vehicles are equipped with 
self-tensioning combination lap and shoulder belts that release by use 
of a single red push button at both front and rear outboard seating 
positions. The vehicle is equipped with a driver's-side airbag (passive 
restraint system).
    Standard No. 209 Seat Belt Assemblies: Replacement of the passenger 
side seat belt with a U.S.-model component on vehicles that are not 
already so equipped.
    Standard No. 301 Fuel System Integrity: Modification of the fuel 
vapor system to meet the EPA Onboard Refueling Vapor Recovery (ORVR) 
and the evaporative emissions requirements, which include installing a 
rollover and check valve to meet the requirements of this standard.
    In addition, the petitioner states that a vehicle identification 
number plate must be installed in the area of the left windshield post 
to meet the requirements of 49 CFR Part 565 if the vehicle is not 
already so equipped.
    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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: October 22, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-26347 Filed 10-25-12; 8:45 am]
BILLING CODE 4910-59-P


