Decision That Nonconforming 1991 Mercedes-Benz 300CE Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-58; Notice 2]

Decision That Nonconforming 1991 Mercedes-Benz 300CE Passenger

Cars Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that conforming 1991 Mercedes-Benz

300CE passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1991

Mercedes-Benz 300CE 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 1991 Mercedes-Benz 300CE), and they are capable of being

readily altered to conform to the standards.

DATES: This decision is effective October 3, 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) 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 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 (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 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 peition 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.

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

(Registered Importer R-90-007) petitioned NHTSA to decide whether 1991

Mercedes-Benz 300CE passenger cars are eligible for importation into

the United States. NHTSA published notice of the petition on July 22,

1994 (59 FR 37530) 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

decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

The importer of a vehicle admissible under any final decision must

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

eligibility number indicating that the vehicle is eligible for entry.

VSP 83 is the vehicle eligibility number assigned to vehicles

admissible under this decision.

Final Decision

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

that a 1991 Mercedes-Benz 300CE (Model ID 124.051) not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards is substantially similar to a 1991 Mercedes-Benz 300CE

originally manufactured for importation into and sale in the United

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

being readily altered 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: September 26, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-24296 Filed 9-30-94; 8:45 am]

BILLING CODE 4910-59-M