[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Notices]
[Page 38875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19249]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4074]


Decision That Nonconforming 1998 Mercedes-Benz Gelaendewagen Type 
463 Multi-Purpose Passenger Vehicles Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1998 Mercedes-
Benz Gelaendewagen Type 463 multi-purpose passenger vehicles (MPVs) are 
eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1998 
Mercedes-Benz Gelaendewagen Type 463 MPVs not originally manufactured 
to comply with all applicable Federal motor vehicle safety standards 
are eligible for importation into the United States because they have 
safety features that comply with, or are capable of being altered to 
comply with, all such standards.

DATES: The decision is effective as of July 20, 1998.

FOR FURTHER INFORMATION CONTACT: George Entwistle, 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 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. 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. Where there is no 
substantially similar U.S.-certified motor vehicle, 49 U.S.C. 
30141(a)(1)(B) (formerly section 108(c)(3)(A)(i)(II) of the Act, 15 
U.S.C. 1397(c)(3)(A)(i)(II)) permits a nonconforming motor vehicle to 
be admitted into the United States if its safety features comply with, 
or are capable of being altered to comply with, all applicable Federal 
motor vehicle safety standards based on destructive test data or such 
other evidence as NHTSA decides to be adequate.
    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 determination 
in the Federal Register.
    Europa International, Inc. of Santa Fe, New Mexico (Registered 
Importer No. R-91-002) petitioned NHTSA to decide whether 1998 
Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for importation 
into the United States. NHTSA published notice of the petition on May 
15, 1998 (63 FR 27118) 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 determination 
must indicate on the form HS-7 accompanying entry the appropriate 
vehicle eligibility number indicating that the vehicle is eligible for 
entry. VCP-16 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1998 Mercedes-Benz Gelaendewagen Type 463 MPVs are eligible for 
importation into the United States because they have safety features 
that comply with, or are capable of being altered to comply with, all 
applicable Federal motor vehicle safety standards.

    Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: July 15, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-19249 Filed 7-17-98; 8:45 am]
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