Determination That Nonconforming 1990 Mercedes-Benz 500SEC Passenger Cars Are Eligible for Importation

William A. Boehly
National Highway Traffic Safety Administration
Federal Register
May 25, 1994

[Federal Register: May 25, 1994]


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

DEPARTMENT OF TRANSPORTATION
[Docket No. 94-17; Notice 2]

 
Determination That Nonconforming 1990 Mercedes-Benz 500SEC 
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of determination by the National Highway Traffic Safety 
Administration (NHTSA) that nonconforming 1990 Mercedes-Benz 500SEC 
passenger cars are eligible for importation.

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

SUMMARY: This notice announces the determination by NHTSA that 1990 
Mercedes-Benz 500SEC 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 500SEC), and they are capable of 
being readily modified to conform to the standards.

DATES: The determination is effective May 25, 1994.

FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under section 108(c)(3)(A)(1) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), a motor 
vehicle that was not originally manufactured to conform to all 
applicable Federal motor vehicle safety standards must be refused 
admission into the United States on and after January 31, 1990, unless 
NHTSA has determined that the motor vehicle is substantially similar to 
a motor vehicle originally manufactured for importation into and sale 
in the United States, certified under 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 modified to conform to all applicable 
Federal motor vehicle safety standards.
    Petitions for eligibility determinations 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 determines, 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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered 
Importer R-90-009) petitioned NHTSA to determine whether 1990 Mercedes-
Benz 500SEC passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on March 11, 1994 (59 FR 
11651) 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 determined 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. VSP 66 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby determines 
that a 1990 Mercedes-Benz 500SEC (Model ID 126.044) not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards is substantially similar to a 1990 Mercedes-Benz 500SEC 
originally manufactured for importation into and sale in the United 
States and certified under section 114 of the National Traffic and 
Motor Vehicle Safety Act, and is capable of being readily modified to 
conform to all applicable Federal motor vehicle safety standards.

    Authority: 15 U.S.C. 1397(c)(3)(A)(I) and (C)(ii); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: May 11, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-12681 Filed 5-24-94; 8:45 am]
BILLING CODE 4910-59-M