Decision That Nonconforming 1998 Mercedes-Benz Gelaendewagen Type 463 Multi-Purpose Passenger Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-4074]

Decision That Nonconforming 1998 Mercedes-Benz Gelaendewagen Type

463 Multi-Purpose Passenger Vehicles Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1998 Mercedes-

Benz Gelaendewagen Type 463 multi-purpose passenger vehicles (MPVs) are

eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1998

Mercedes-Benz Gelaendewagen Type 463 MPVs not originally manufactured

to comply with all applicable Federal motor vehicle safety standards

are eligible for importation into the United States because they have

safety features that comply with, or are capable of being altered to

comply with, all such standards.

DATES: The decision is effective as of July 20, 1998.

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)(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. Where there is no

substantially similar U.S.-certified motor vehicle, 49 U.S.C.

30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act, 15

U.S.C. 1397(c)(3)(A)(i)(II)) permits a nonconforming motor vehicle to

be admitted into the United States if its safety features comply with,

or are capable of being altered to comply with, all applicable Federal

motor vehicle safety standards based on destructive test data or such

other evidence as NHTSA decides to be adequate.

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 determination

in the Federal Register.

Europa International, Inc. of Santa Fe, New Mexico (Registered

Importer No. R-91-002) petitioned NHTSA to decide whether 1998

Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for importation

into the United States. NHTSA published notice of the petition on May

15, 1998 (63 FR 27118) 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 determination

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

vehicle eligibility number indicating that the vehicle is eligible for

entry. VCP-16 is the vehicle eligibility number assigned to vehicles

admissible under this determination.

Final Decision

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

that 1998 Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for

importation into the United States because they have safety features

that comply with, or are capable of being altered to comply with, all

applicable Federal motor vehicle safety standards.

Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8;

delegations of authority at 49 CFR 1.50 and 501.8.

Issued on: July 15, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-19249 Filed 7-17-98; 8:45 am]

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