[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Notices]
[Page 78038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32143]



[[Page 78038]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13332; Notice 2]


Decision That Nonconforming 1993 Mercedes Benz S Series Passenger 
Cars Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1993 Mercedes 
Benz S Series passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1993 Mercedes 
Benz S Series 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 vehicles originally manufactured for importation into and 
sale in the United States and certified by their manufacturer as 
complying with the safety standards (the U.S. certified version of the 
1993 Mercedes Benz S Series), and they are capable of being readily 
altered to conform to the standards.

DATES: This decision is effective as of the date of its publication in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Luke Loy, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5308).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), 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, 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.
    Sunshine Car Import L.C. of Cape Coral, Florida (Registered 
Importer 01-289) petitioned NHTSA to decide whether 1993 Mercedes Benz 
S Series passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on September 23, 2002 
(67 FR 59594) 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 of the petition. 
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-395 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 2003 Mercedes Benz S Series passenger cars that were not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards are substantially similar to 2003 Mercedes 
Benz S Series passenger cars originally manufactured for importation 
into and sale in the United States and certified under 49 U.S.C. 30115, 
and are 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: December 17, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-32143 Filed 12-19-02; 8:45 am]
BILLING CODE 4910-59-P