Determination That Nonconforming 1993 Mercedes-Benz 300SE Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-15; Notice 2]

Determination That Nonconforming 1993 Mercedes-Benz 300SE

Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of determination by NHTSA that nonconforming 1993

Mercedes-Benz 300SE passenger cars are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1993

Mercedes-Benz 300SE passenger cars not originally manufactured to

comply with all applicable Federal motor vehicle safety standards are

eligible for importation into the United States because they are

substantially similar to a vehicle originally manufactured for

importation into and sale in the United States and certified by its

manufacturer as complying with the safety standards (the U.S.-certified

version of the 1993 Mercedes-Benz 300SE), and they are capable of being

readily modified to conform to the standards.

DATES: The determination is effective May 25, 1994.

FOR FURTHER INFORMATION CONTACT: Ted Bayler, Office of Vehicle Safety

Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under section 108(c)(3)(A)(i) of the National Traffic and Motor

Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), a motor

vehicle that was not originally manufactured to conform to all

applicable Federal motor vehicle safety standards must be refused

admission into the United States on and after January 31, 1990, unless

NHTSA has determined that the motor vehicle is substantially similar to

a motor vehicle originally manufactured for importation into and sale

in the United States, certified under section 114 of the Act, and of

the same model year as the model of the motor vehicle to be compared,

and is capable of being readily modified to conform to all applicable

Federal motor vehicle safety standards.

Petitions for eligibility determinations 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 determines, on the basis of the

petition and any comments that if has received, whether the vehicle is

eligible for importation. The agency then publishes this determination

in the Federal Register.

G&K Automotive Conversion, Inc. of Santa Ana, California

(Registered Importer R-90-007) petitioned NHTSA to determine whether

1993 Mercedes-Benz 300SE passenger cars are eligible for importation

into the United States. NHTSA published notice of the petition on March

17, 1994 (59 FR 12638) to afford an opportunity for public comment. The

reader is referred to that notice for a thorough description of the

petition. No comments were received in response to the notice. Based on

its review of the information submitted by the petitioner, NHTSA has

determined to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

The importer of a vehicle admissible under any final determination

must indicate on the form HS-7 accompanying entry the appropriate

vehicle eligibility number indicating that the vehicle is eligible for

entry. VSP #67 is the vehicle eligibility number assigned to vehicles

admissible under this determination.

Final Determination

Accordingly, on the basis of the foregoing, NHTSA hereby determines

that a 1993 Mercedes-Benz 300SE (Model ID 140.032) not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards is substantially similar to a 1993 Mercedes-Benz 300SE

originally manufactured for importation into and sale in the United

States and certified under section 114 of the National Traffic and

Motor Vehicle Safety Act, and is capable of being readily modified to

conform to all applicable Federal motor vehicle safety standards.

Authority: 15 U.S.C. 1397(c)(3) (A)(i)(I) and (C)(ii); 49 CFR

593.8; delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: May 11, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-12680 Filed 5-24-94; 8:45 am]

BILLING CODE 4910-59-M