Notice of Receipt of Petition for Decision That Nonconforming 2003-2005 Mercedes Benz SL Class (230) Passenger Cars Are Eligible for Importation, 41477-41478 [05-14143]

Download as PDF Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Notices Federal holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at http://dms.dot.gov. Click on ‘‘Help’’ to obtain instructions for filing the document electronically. Comments may be faxed to 1–202–493–2251, or may be submitted to the Federal eRulemaking Portal: go to http:// www.regulations.gov. Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the Federal Register pursuant to the authority indicated below. Comment closing date: August 18, 2005. (Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8). Issued on: July 13, 2005. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. 05–14109 Filed 7–18–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2005–21844] Notice of Receipt of Petition for Decision That Nonconforming 2003– 2005 Mercedes Benz SL Class (230) Passenger Cars Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 2003–2005 Mercedes Benz SL Class (230) passenger cars are eligible for importation. AGENCY: SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2003–2005 Mercedes Benz SL Class (230) passenger cars 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 VerDate jul<14>2003 18:17 Jul 18, 2005 Jkt 205001 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, 2005. ADDRESSES: 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 a.m. to 5 p.m.]. 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 (Volume 65, Number 70; Pages 19477–78) or you may visit http://dms.dot.gov. 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 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 publishes this decision in the Federal Register. Automobile Concepts, Inc. (‘‘AMC’’), of North Miami, Florida (Registered Importer 01–278) has petitioned NHTSA to decide whether nonconforming 2003– 2005 Mercedes Benz SL Class (230) passenger cars are eligible for PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 41477 importation into the United States. The vehicles which AMC believes are substantially similar are 2003–2005 Mercedes Benz SL Class (230) passenger cars that were manufactured for importation into, and sale in, the United States and certified by their manufacturer as conforming to all applicable Federal motor vehicle safety standards. The petitioner claims that it carefully compared non-U.S. certified 2003–2005 Mercedes Benz SL Class (230) passenger cars 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. AMC submitted information with its petition intended to demonstrate that non-U.S. certified 2003–2005 Mercedes Benz SL Class (230) passenger cars, 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 2003–2005 Mercedes Benz SL Class (230) passenger cars 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, 109 New Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 124 Accelerator Control Systems, 135 Passenger Car Brake 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, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint Anchorage Systems, and 302 Flammability of Interior Materials. The petitioner states that the vehicles also conform to the Bumper Standard found in 49 CFR part 581. The 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) Inscription of the word ‘‘brake’’ on the instrument cluster in place of the international ECE warning symbol (b) replacement or conversion of the speedometer to read in miles per hours, and installation of a U.S.-model instrument cluster. U.S. version E:\FR\FM\19JYN1.SGM 19JYN1 41478 Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Notices software must also be downloaded to meet the requirements of this standard. Standard No. 108 Lamps, Reflective Devices and Associated Equipment: Installation of U.S.-model headlamps and front side marker lamps. Standard No. 110 Tire Selection and Rims: 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. Standard No. 114 Theft Protection: Installation of U.S. version software to meet the requirements of this standard. Standard No. 118 Power-Operated Window, Partition, and Roof Panel Systems: Installation of U.S. version software to ensure that the systems meet the requirements of this standard. Standard No. 208 Occupant Crash Protection: Installation of U.S. version software to ensure that the seat belt warning system meets the requirements of this standard. Petitioner states that the vehicle’s restraint system components include U.S.-model airbags and knee bolsters, and combination lap and shoulder belts at the outboard front designated seating positions. Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles and replacement of any non-U.S.-model seat belts with U.S.-model components on vehicles that are not already so equipped. Standard No. 210 Seat Belt Assembly Anchorages: Inspection of all vehicles and replacement of any non-U.S.-model seat belt anchorage components with U.S.-model components on vehicles that are not already so equipped. Standard No. 301 Fuel System Integrity: Inspection of all vehicles and installation of U.S.-model components, on vehicles that are not already so equipped, to ensure compliance with the standard. Standard No. 401 Interior Trunk Release: Installation of U.S.-model components on vehicles that are not already so equipped, to ensure compliance with the standard. 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. 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 a.m. to VerDate jul<14>2003 17:15 Jul 18, 2005 Jkt 205001 5 p.m.]. 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. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 05–14143 Filed 7–18–05; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2005–20046; Notice 2] Bridgestone/Firestone North America Tire, LLC. Grant of Application for Decision of Inconsequential Noncompliance Bridgestone/Firestone North America Tire, LLC has determined that approximately 937 size P175/65R14, Bridgestone WS50Z tires do not meet the labeling requirements mandated by Federal Motor Vehicle Safety Standard (FMVSS) No. 109, ‘‘New Pneumatic Tires.’’ Pursuant to 49 U.S.C. 30118(d) and 30120(h), Bridgestone/Firestone has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, ‘‘Defect and Noncompliance Reports.’’ FMVSS No. 109 (S4.3 (e)) requires that each tire shall have permanently molded into or onto both sidewalls the actual number of plies in the sidewall, and the actual number of plies in the tread area, if different. Notice of receipt of the application was published, with a 30-day comment period, on February 1, 2005, in the Federal Register (70 FR 5267). NHTSA received no comment on this application. The noncompliance with S4.3 (e) relates to the sidewall markings. Bridgestone/Firestone Nasu, Japan Plant produced approximately 937 tires with incorrect markings during the DOT weeks of 2702, 1203, and 1303. The noncompliant tires were marked: ‘‘2 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 STEEL & 1 POLY.’’ The correct marking required by FMVSS No. 109 is as follows: ‘‘2 STEEL & 1 POLY & 1 NYLON.’’ Bridgestone/Firestone stated that the noncompliant tires were actually constructed with more tread plies than indicated on the sidewall marking. Therefore, Bridgestone/Firestone believes this noncompliance is particularly unlikely to have an adverse affect on motor vehicle safety and is clearly inconsequential in that regard. They reported that the noncompliant tires meet or exceed all performance requirements of FMVSS No. 109 and will have no impact on the operational performance or safety of vehicles on which these tires are mounted. The Transportation Recall, Enhancement, Accountability, and Documentation (TREAD) Act (Pub. L. 106–414) required, among other things, that the agency initiate rulemaking to improve tire label information. In response, the agency published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register on December 1, 2000 (65 FR 75222). The agency received more than 20 comments on the tire labeling information required by 49 CFR Sections 571.109 and 119, Part 567, Part 574, and Part 575. With regard to the tire construction labeling requirements of FMVSS No. 109, S4.3, paragraphs (d) and (e), most commenters indicated that the information was of little or no safety value to consumers. However, according to the comments, when tires are processed for retreading or repairing, it is important for the retreader or repair technician to understand the make-up of the tires and the types of plies. This enables them to select the proper procedures for retreading or repairing the tires. A steel cord radial tire can experience a circumferential or ‘‘zipper’’ rupture in the upper sidewall when it is operated under inflated or overloaded. If information regarding the number of plies and cord material is removed from the sidewall, technicians cannot determine if the tire has a steel cord sidewall ply. As a result, many light truck tires will inadvertently be inflated outside a restraining device or safety cage, presenting a substantial threat to the technician. This tire construction information is critical when determining if the tire is a candidate for a zipper rupture and additional safety precautions. In this case, since the steel cord construction is properly identified on the sidewall, the technician will have sufficient notice. In addition, the agency conducted a series of focus groups, as required by the TREAD Act, to examine consumer E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Notices]
[Pages 41477-41478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14143]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-21844]


Notice of Receipt of Petition for Decision That Nonconforming 
2003-2005 Mercedes Benz SL Class (230) Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2003-2005 Mercedes Benz SL Class (230) passenger cars are eligible for 
importation.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2003-2005 Mercedes Benz SL Class (230) passenger cars 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, 
2005.

ADDRESSES: 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 a.m. 
to 5 p.m.]. 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 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

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 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 publishes this decision in 
the Federal Register.
    Automobile Concepts, Inc. (``AMC''), of North Miami, Florida 
(Registered Importer 01-278) has petitioned NHTSA to decide whether 
nonconforming 2003-2005 Mercedes Benz SL Class (230) passenger cars are 
eligible for importation into the United States. The vehicles which AMC 
believes are substantially similar are 2003-2005 Mercedes Benz SL Class 
(230) passenger cars that were manufactured for importation into, and 
sale in, the United States and certified by their manufacturer as 
conforming to all applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
2003-2005 Mercedes Benz SL Class (230) passenger cars 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.
    AMC submitted information with its petition intended to demonstrate 
that non-U.S. certified 2003-2005 Mercedes Benz SL Class (230) 
passenger cars, 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 2003-
2005 Mercedes Benz SL Class (230) passenger cars 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, 
109 New Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake 
Fluids, 124 Accelerator Control Systems, 135 Passenger Car Brake 
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, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof 
Crush Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint 
Anchorage Systems, and 302 Flammability of Interior Materials.
    The petitioner states that the vehicles also conform to the Bumper 
Standard found in 49 CFR part 581.
    The 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) Inscription of the word 
``brake'' on the instrument cluster in place of the international ECE 
warning symbol (b) replacement or conversion of the speedometer to read 
in miles per hours, and installation of a U.S.-model instrument 
cluster. U.S. version

[[Page 41478]]

software must also be downloaded to meet the requirements of this 
standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.-model headlamps and front side marker 
lamps.
    Standard No. 110 Tire Selection and Rims: 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.
    Standard No. 114 Theft Protection: Installation of U.S. version 
software to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Installation of U.S. version software to ensure that the 
systems meet the requirements of this standard.
    Standard No. 208 Occupant Crash Protection: Installation of U.S. 
version software to ensure that the seat belt warning system meets the 
requirements of this standard.
    Petitioner states that the vehicle's restraint system components 
include U.S.-model airbags and knee bolsters, and combination lap and 
shoulder belts at the outboard front designated seating positions.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and replacement of any non-U.S.-model seat belts with U.S.-model 
components on vehicles that are not already so equipped.
    Standard No. 210 Seat Belt Assembly Anchorages: Inspection of all 
vehicles and replacement of any non-U.S.-model seat belt anchorage 
components with U.S.-model components on vehicles that are not already 
so equipped.
    Standard No. 301 Fuel System Integrity: Inspection of all vehicles 
and installation of U.S.-model components, on vehicles that are not 
already so equipped, to ensure compliance with the standard.
    Standard No. 401 Interior Trunk Release: Installation of U.S.-model 
components on vehicles that are not already so equipped, to ensure 
compliance with the standard.
    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.
    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 a.m. to 5 p.m.]. 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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05-14143 Filed 7-18-05; 8:45 am]
BILLING CODE 4910-59-P