Decision That Nonconforming 1990 Mercedes-Benz 190E Passenger Cars Are Eligible for Importation

SUMMARY: This notice announces the decision by NHTSA that 1990

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

1990 Mercedes-Benz 190E), and they are capable of being readily altered

to conform to the standards.

DATES: This decision is effective as of January 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Ted Baylor, 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. 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.

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

(Registered Importer R-90-007) petitioned NHTSA to decide whether 1990

Mercedes-Benz 190E passenger cars are eligible for importation into the

United States. NHTSA published notice of the petition on December 6,

1994 (59 FR 62777) 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 104 is the vehicle eligibility number assigned to vehicles

admissible under this decision.

Final Determination

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

that a 1990 Mercedes-Benz 190E (Model ID 201.036) not originally

manufactured to comply with all applicable Federal motor vehicle safety

standards in substantially similar to a 1990 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 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: January 25, 1995.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 95-2297 Filed 1-30-95; 8:45 am]

BILLING CODE 4910-59-M