Decision that Nonconforming 1993 Moto Guzzi Daytona Motorcycles and 1985 Alfa Romeo GTV, 1992 Mercedes-Benz 190E, 1992 Porsche 911 Turbo, 1992 Mercedes-Benz 300SEL, and 1993 Mercedes-Benz 230E Passenger Cars Are Eligible for Importation

Federal RegisterJul 11, 1995

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-33, Notice 2; Docket No. 95-34, Notice 2; Docket No. 95-

35, Notice 2; Docket No. 95-36, Notice 2; Docket No. 95-37, Notice 2;

Docket No. 95-38, Notice 2]

Decision that Nonconforming 1993 Moto Guzzi Daytona Motorcycles

and 1985 Alfa Romeo GTV, 1992 Mercedes-Benz 190E, 1992 Porsche 911

Turbo, 1992 Mercedes-Benz 300SEL, and 1993 Mercedes-Benz 230E Passenger

Cars Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1993 Moto Guzzi

Daytona Motorcycles and 1985 Alfa Romeo GTV, 1992 Mercedes-Benz 190E,

1992 Porsche 911 Turbo. 1992 Mercedes-Benz 300SEL, and 1993 Mercedes-

Benz 230E Passenger Cars are eligible for importation.

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

SUMMARY: This notice announces the decision by NHTSA that 1993 Moto

Guzzi Daytona motorcycles and 1985 Alfa Romeo GTV, 1992 Mercedes-Benz

190E, 1992 Porsche 911 Turbo, 1992 Mercedes-Benz 300SEL, and 1993

Mercedes-Benz 230E 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 vehicles originally manufactured for importation into and

sale in the United States and certified by their

[[Page 35788]]

manufacturers as complying with the safety standards, and they are

capable of being readily altered to conform to the standards.

DATE: This decision is effective as of July 11, 1995.

FOR FURTHER INFORMATION CONTACT:

George Entwistle, 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 a 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.

J.K. Motors of Kingsville, Maryland (Registered Importer R-90-006)

petitioned NHTSA to decide whether 1993 Moto Guzzi Daytona motorcycles

and 1985 Alfa Romeo GTV, 1992 Mercedes-Benz 190E, 1992 Porsche 911

Turbo, 1992 Mercedes-Benz 300SEL, and 1993 Mercedes-Benz 230E passenger

cars are eligible for importation into the United States. To afford an

opportunity for public comment, NHTSA published notices of these

petitions as follows:

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

Vehicle Notice date and cite

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

1993 Moto Guzzi Daytona........................... May 9, 1995

(60 FR 24668).

1985 Alfa Romeo GTV............................... May 9, 1995

(60 FR 24669).

1992 Mercedes-Benz 190E........................... May 16, 1995

(60 FR 26071).

1992 Porsche 911 Turbo............................ May 16, 1995

(60 FR 26074).

1992 Mercedes-Benz 300SEL......................... May 16, 1995

(60 FR 26072).

1993 Mercedes-Benz 230E........................... May 16, 1995

(60 FR 26073).

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

The reader is referred to those notices for a thorough description

of the petitions. No comments were received in response to these

notices. Based on its review of the information submitted by the

petitioner, NHTSA has decided to grant the petitions.

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.

Vehicle eligibility numbers assigned to vehicles admissible under this

decision are as follows:

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

Vehicle

Vehicle eligibility

No.

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

1993 Moto Guzzi Daytona................................. VSP-118

1985 Alfa Romeo GTV..................................... VSP-124

1992 Mercedes-Benz 190E................................. VSP-126

1992 Porsche 911 Turbo.................................. VSP-125

1992 Mercedes-Benz 300SEL............................... VSP-123

1993 Mercedes-Benz 230E................................. VSP-127

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

Final Decision

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

that:

1. A 1993 Moto Guzzi Daytona motorcycle not originally manufactured

to comply with all applicable Federal motor vehicle safety standards is

substantially similar to a 1993 Moto Guzzi Daytona motorcycle

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 altered to conform to all applicable Federal motor vehicle

safety standards;

2. A 1985 Alfa Romeo GTV passenger car not originally manufactured

to comply with all applicable Federal motor vehicle safety standards is

substantially similar to a 1985 Alfa Romeo GTV passenger car 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

altered to conform to all applicable Federal motor vehicle safety

standards;

3. A 1992 Mercedes-Benz 190E (Model ID 201.018) passenger car not

originally manufactured to comply with all applicable Federal motor

vehicle safety standards is substantially similar to a 1992 Mercedes-

Benz 190E passenger car 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 altered to conform to all applicable

Federal motor vehicle safety standards;

4. A 1992 Porsche 911 Turbo passenger car not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards is substantially similar to a 1992 Porsche 911 Turbo

passenger car 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 altered to conform to all applicable Federal motor

vehicle safety standards;

5. A 1992 Mercedes-Benz 300SEL (Model ID 140.033) passenger car not

originally manufactured to comply with all applicable Federal motor

vehicle safety standards is substantially similar to a 1992 Mercedes-

Benz 500SEL passenger car 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 altered to conform to all applicable

Federal motor vehicle safety standards; and

6. A 1993 Mercedes-Benz 230E (Model ID 124.023) passenger car not

originally manufactured to comply with all applicable Federal motor

vehicle safety standards is substantially similar to a 1993 Mercedes-

Benz 300E passenger car 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 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 July 6, 1995.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-16957 Filed 7-10-95; 8:45 am]

BILLING CODE 4910-59-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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