Determination That Nonconforming 1992 Mercedes-Benz 190E Passenger Cars Are Eligible for Importation

Topics:  Mercedes-Benz 190E

William A. Boehly
National Highway Traffic Safety Administration
Federal Register
July 20, 1994

[Federal Register: July 20, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-32; Notice 2]

 
Determination That Nonconforming 1992 Mercedes-Benz 190E 
Passenger Cars Are Eligible for Importation

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

ACTION: Notice of determination by NHTSA that nonconforming 1992 
Mercedes-Benz 190E passenger cars are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1992 
Mercedes-Benz 190E 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 
1992 Mercedes-Benz 190E), and they are capable of being readily 
modified to conform to the standards.

DATES: The determination is effective July 20, 1994.

FOR FURTHER INFORMATION CONTACT: Ted Bayler, 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 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. 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, NHSTA 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.
    J.K. Motors, Inc. of Kingsville, Maryland (Registered Importer R-
90-006) petitioned NHTSA to determine whether 1992 Mercedes-Benz 190E 
passenger cars are eligible for importation into the United States. 
NHTSA published notice of the petition on May 5, 1994 (59 FR 23256) 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 71 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 1992 Mercedes-Benz 190E (Model ID 201.029) not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards is substantially similar to a 1992 Mercedes-Benz 190E 
originally manufactured for importation into and sale in the United 
States and certified under 49 U.S.,C. 30115, 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 14, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-17674 Filed 7-19-94; 8:45 am]
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