Determination That Nonconforming 1991 Mercedes-Benz 230E Passenger Cars Are Eligible for Importation

Topics:  Mercedes-Benz 230E, National Highway Traffic Safety Administration

William A. Boehly
Federal Register
July 29, 1994

[Federal Register: July 29, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-41; Notice 2]

 
Determination That Nonconforming 1991 Mercedes-Benz 230E 
Passenger Cars Are Eligible for Importation

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

action: Notice of determination by NHTSA that nonconforming 1991 
Mercedes-Benz 230E passenger cars are eligible for importation.

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summary: This notice announces the determination by NHTSA that 1991 
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 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 1991 Mercedes-Benz 300E), and 
they are capable of being readily modified to conform to the standards.

dates: The determination is effective July 29, 1994.

for further information contact: Ted Bayler, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 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 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 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 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 1991 Mercedes-
Benz 230E passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on May 25, 1994 (59 FR 
27105) 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 74 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby determines 
that a 1991 Mercedes-Benz 230E (Model ID 124.023) is substantially 
similar to a 1991 Mercedes-Benz 300E 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: 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 26, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-18516 Filed 7-28-94; 8:45 am]
BILLING CODE 4910-59-M