Determination That Nonconforming 1993 Mercedes-Benz 300SE Passenger Cars Are Eligible for Importation

Topics:  Mercedes-Benz 300SE

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

[Federal Register: May 25, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-15; Notice 2]

 
Determination That Nonconforming 1993 Mercedes-Benz 300SE 
Passenger Cars Are Eligible for Importation

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

ACTION: Notice of determination by NHTSA that nonconforming 1993 
Mercedes-Benz 300SE passenger cars are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1993 
Mercedes-Benz 300SE 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 1993 Mercedes-Benz 300SE), 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)(i) 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 if has received, whether the vehicle is 
eligible for importation. The agency then publishes this determination 
in the Federal Register.
    G&K Automotive Conversion, Inc. of Santa Ana, California 
(Registered Importer R-90-007) petitioned NHTSA to determine whether 
1993 Mercedes-Benz 300SE passenger cars are eligible for importation 
into the United States. NHTSA published notice of the petition on March 
17, 1994 (59 FR 12638) 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 #67 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 1993 Mercedes-Benz 300SE (Model ID 140.032) not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards is substantially similar to a 1993 Mercedes-Benz 300SE 
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)(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. 94-12680 Filed 5-24-94; 8:45 am]
BILLING CODE 4910-59-M