Decisions That Nonconforming 1994 Mercedes-Benz S280 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 94-59; Notice 2]

Decisions That Nonconforming 1994 Mercedes-Benz S280 Passenger

Cars Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1994 Mercedes-

Benz S280 passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994

Mercedes-Benz S280 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 1994 Mercedes-Benz S320), and

they are capable of being readily altered to conform to the standards.

DATE: The decision is effective as of October 12, 1994.

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. Sec. 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. Sec. 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 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.

Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered

Importer R-90-009) petitioned NHTSA to decide whether 1994 Mercedes-

Benz S280 passenger cars are eligible for importation into the United

States. NHTSA published notice of the petition on August 10, 1994 (59

FR 40958) 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 85 is the vehicle eligibility number assigned to vehicles

admissible under this notice of final decision.

Final Decision

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

that a 1994 Mercedes-Benz S280 (Model ID 140.028) is substantially

similar to a 1994 Mercedes-Benz S320 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: October 5, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-25163 Filed 10-11-94; 8:45 am]

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