[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Notices]
[Pages 11900-11901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5887]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13933; Notice 2]


Decision That Nonconforming 1996-2002 Mercedes Benz E Class 
(W210) Passenger Cars Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1996-2002 
Mercedes Benz E Class (W210) passenger cars are eligible for 
importation.

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SUMMARY: This notice announces the decision by NHTSA that 1996-2002 
Mercedes Benz E Class (W210) 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 1996-2002 Mercedes Benz E Class (W210)), 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: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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

[[Page 11901]]

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.
    Automobile Concepts, Inc. of Miami, Florida (``AMC'') (Registered 
Importer 01-278) petitioned NHTSA to decide whether non-U.S. certified 
1996-2002 Mercedes Benz E Class (W210) passenger cars are eligible for 
importation into the United States. NHTSA published notice of the 
petition on December 18, 2002 (67 FR 77556) 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-401 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 1996-2002 Mercedes Benz E Class (W210) passenger cars that were 
not originally manufactured to comply with all applicable Federal motor 
vehicle safety standards are substantially similar to 1996-2002 
Mercedes Benz E Class (W210) 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: March 7, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-5887 Filed 3-11-03; 8:45 am]
BILLING CODE 4910-59-P