Decisions That Nonconforming 1994 Mercedes-Benz S280 Passenger Cars Are Eligible for Importation

Topics:  Mercedes-Benz S280

William A. Boehly
National Highway Traffic Safety Administration
Federal Register
October 12, 1994

[Federal Register: October 12, 1994]


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

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-59; Notice 2]

 
Decisions That Nonconforming 1994 Mercedes-Benz S280 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 S280 passenger cars are eligible for importation.

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

SUMMARY: This notice announces the decision by NHTSA that 1994 
Mercedes-Benz S280 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 1994 Mercedes-Benz S320), and 
they are capable of being readily altered to conform to the standards.

DATE: The decision is effective as of October 12, 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 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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered 
Importer R-90-009) petitioned NHTSA to decide whether 1994 Mercedes-
Benz S280 passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on August 10, 1994 (59 
FR 40958) 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 85 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that a 1994 Mercedes-Benz S280 (Model ID 140.028) is substantially 
similar to a 1994 Mercedes-Benz S320 originally manufactured for 
importation into and sale in the United States and certified under 49 
U.S.C. Sec. 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: October 5, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-25163 Filed 10-11-94; 8:45 am]
BILLING CODE 4910-59-M