Determination That Nonconforming 1992 Mercedes-Benz 190E Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-32; Notice 2]

Determination That Nonconforming 1992 Mercedes-Benz 190E

Passenger Cars Are Eligible for Importation

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

ACTION: Notice of determination by NHTSA that nonconforming 1992

Mercedes-Benz 190E passenger cars are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1992

Mercedes-Benz 190E 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

1992 Mercedes-Benz 190E), and they are capable of being readily

modified to conform to the standards.

DATES: The determination is effective July 20, 1994.

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

Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(I)

of the National Traffic and Motor Vehicle Safety Act (the Act), 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 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 49 U.S.C. 30115 (formerly 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, NHSTA 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 it has received, whether the vehicle is

eligible for importation. The agency then publishes this determination

in the Federal Register.

J.K. Motors, Inc. of Kingsville, Maryland (Registered Importer R-

90-006) petitioned NHTSA to determine whether 1992 Mercedes-Benz 190E

passenger cars are eligible for importation into the United States.

NHTSA published notice of the petition on May 5, 1994 (59 FR 23256) 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 71 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 1992 Mercedes-Benz 190E (Model ID 201.029) not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards is substantially similar to a 1992 Mercedes-Benz 190E

originally manufactured for importation into and sale in the United

States and certified under 49 U.S.,C. 30115, and is capable of being

readily modified to conform to all applicable Federal motor vehicle

safety standards.

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 14, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-17674 Filed 7-19-94; 8:45 am]

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