95-17830. Decision That Nonconforming 1994 BMW 520i 4-Door Sedan and 1994 Mercedes-Benz S320 Passenger Cars are Eligible for Importation

[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Notices]
[Pages 37492-37493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17830]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-31; Notice 2; Docket No. 95-32; Notice 2]


Decision That Nonconforming 1994 BMW 520i 4-Door Sedan and 1994 
Mercedes-Benz S320 Passenger Cars are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1994 BMW 520i 4-
Door Sedan and 1994 Mercedes-Benz S320 passenger cars are eligible for 
importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994 BMW 520i 
4-Door Sedan and 1994 Mercedes-Benz S320 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 
manufacturers as complying with the safety standards, and they are 
capable of being readily altered to conform to the standards.

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

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) 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 

[[Page 37493]]
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.
    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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered 
Importer R-90-009) petitioned NHTSA to decide whether 1994 BMW 520i 4-
Door Sedan and 1994 Mercedes-Benz S320 passenger cars are eligible for 
importation into the United States. To afford an opportunity for public 
comment, NHTSA published notice of these petitions as follows:

------------------------------------------------------------------------
              Vehicle                        Notice date and cite       
------------------------------------------------------------------------
1994 BMW 520i 4-Door Sedan.........  May 1, 1995 (60 FR 21240).         
1994 Mercedes-Benz S320............  May 1, 1995 (60 FR 21239).         
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    The reader is referred to those notices for a thorough description 
of the petitions. No comments were received in response to these 
notices. Based on its review of the information submitted by the 
petitioner, NHTSA has decided to grant the petitions.

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. 
Vehicle eligibility numbers assigned to vehicles admissible under this 
decision are as follows:

------------------------------------------------------------------------
                                                             Vehicle    
                        Vehicle                          eligibility No.
------------------------------------------------------------------------
1994 BMW 520i 4-Door Sedan............................  VSP-119         
1994 Mercedes-Benz S320...............................  VSP-120         
------------------------------------------------------------------------

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that:
    1. A 1994 BMW 520i 4-Door Sedan not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards is 
substantially similar to a 1994 BMW 525i 4-Door Sedan 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 
altered to conform to all applicable Federal motor vehicle safety 
standards; and
    2. A 1994 Mercedes-Benz S320 (Model ID 140.033) passenger car not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards is substantially similar to a 1994 Mercedes-
Benz S320 passenger car 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 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: July 17, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-17830 Filed 7-19-95; 8:45 am]
BILLING CODE 4910-59-M