Decision That Nonconforming 1994 Mercedes-Benz E500 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 96-40; Notice 2]

Decision That Nonconforming 1994 Mercedes-Benz E500 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 E500 passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994

Mercedes-Benz E500 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

1994 Mercedes-Benz E500), and they are capable of being readily altered

to conform to the standards.

DATES: This decision is effective July 25, 1996.

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 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 petitioned NHTSA

to decide whether 1994 Mercedes-Benz E500 passenger cars are eligible

for importation into the United States. NHTSA published notice of the

petition on April 24, 1996 (61 FR 18188) 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-163 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

[[Page 38796]]

1994 Mercedes-Benz E500 (Model ID 124.036) not originally manufactured

to comply with all applicable Federal motor vehicle safety standards is

substantially similar to a 1994 Mercedes-Benz E500 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 19, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-18955 Filed 7-24-96; 8:45 am]

BILLING CODE 4910-59-P