[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Notices]
[Pages 1145-1146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-423]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-131; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1992 Through 1996 BMW 325i Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1992 through 1996 BMW 325i passenger cars are eligible for importation.
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SUMMARY: This notice announces receipt by the National Highway Traffic
Safety Administration (NHTSA) of a petition for a decision that 1992
through 1996 BMW 325i passenger cars that were not originally
manufactured to comply with all applicable Federal motor vehicle safety
standards are eligible for importation into the United States because
(1) they are substantially similar to vehicles that were originally
manufactured for importation into and sale in the United States and
that were certified by their manufacturer as complying with the safety
standards, and (2) they are capable of being readily altered to conform
to the standards.
DATES: The closing date for comments on the petition is February 7,
1997.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Section, Room 5109, National
Highway Traffic Safety Administration, 400 Seventh St., SW, Washington,
DC 20590. [Docket hours are from 9:30 am to 4 pm]
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
[[Page 1146]]
Safety Compliance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. Sec. 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.
Wallace Environmental Testing Laboratories, Inc. of Houston, Texas
(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to
decide whether 1992 through 1996 BMW 325i passenger cars are eligible
for importation into the United States. The vehicles which Wallace
believes are substantially similar are 1992 through 1996 BMW 325i
passenger cars that were manufactured for importation into, and sale
in, the United States and certified by its manufacturer, Bayerische
Motoren Werke A.G., as conforming to all applicable Federal motor
vehicle safety standards.
The petitioner claims that it carefully compared non-U.S. certified
1992 through 1996 BMW 325i passenger cars to their U.S. certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most Federal motor vehicle safety standards.
Wallace submitted information with its petition intended to
demonstrate that non-U.S. certified 1992 through 1996 BMW 325i
passenger cars, as originally manufactured, conform to many Federal
motor vehicle safety standards in the same manner as their U.S.
certified counterparts, or are capable of being readily altered to
conform to those standards.
Specifically, the petitioner claims that non-U.S. certified 1992
through 1996 BMW 325i passenger cars are identical to their U.S.
certified counterparts with respect to compliance with Standard Nos.
102 Transmission Shift Lever Sequence . . . ., 103 Defrosting and
Defogging Systems, 104 Windshield Wiping and Washing Systems, 105
Hydraulic Brake Systems, 106 Brake Hoses, 107 Reflecting Surfaces, 109
New Pneumatic Tires, 113 Hood Latch Systems, 116 Brake Fluid, 124
Accelerator Control Systems, 201 Occupant Protection in Interior
Impact, 202 Head Restraints, 203 Impact Protection for the Driver From
the Steering Control System, 204 Steering Control Rearward
Displacement, 205 Glazing Materials, 206 Door Locks and Door Retention
Components, 207 Seating Systems, 209 Seat Belt Assemblies, 210 Seat
Belt Assembly Anchorages, 211 Wheel Nuts, Wheel Discs and Hubcaps, 212
Windshield Retention, 214 Side Impact Protection, 216 Roof Crush
Resistance, 219 Windshield Zone Intrusion, and 302 Flammability of
Interior Materials.
Additionally, the petitioner states that non-U.S. certified 1992
through 1996 BMW 325i passenger cars comply with the Bumper Standard
found in 49 CFR Part 581.
Petitioner also contends that the vehicles are capable of being
readily altered to meet the following standards, in the manner
indicated:
Standard No. 101 Controls and Displays: (a) substitution of a lens
marked ``Brake'' for a lens with an ECE symbol on the brake failure
indicator lamp; (b) recalibration of the speedometer/odometer from
kilometers to miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) replacement of the headlight assemblies; (b) replacement
of the turn signal lens assemblies; (c) installation of a high mounted
stop lamp.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard.
Standard No. 111 Rearview Mirror: inscription of the required
warning statement on the passenger side rearview mirror.
Standard No. 114 Theft Protection: installation of a warning device
to be activated if the key is left in the steering lock and the
driver's side door is opened.
Standard No. 118 Power Window Systems: rewiring of the power window
system so that the window transport is inoperative when the ignition is
switched off.
Standard No. 208 Occupant Crash Protection: (a) installation of a
seat belt warning system; (b) installation of a U.S.-model driver's
side air bag and knee bolster; (c) installation of a U.S.-model
passenger's side air bag on model years for which this component was
included as standard equipment on the U.S. certified counterpart. The
petitioner states that the vehicles are equipped with Type 2 seat belts
in all four outboard designated seating positions, and with a Type 1
seat belt in the rear center seating position.
Standard No. 301 Fuel System Integrity: installation of a rollover
valve in the fuel tank vent line between the fuel tank and the
evaporative emissions collection canister.
Additionally, the petitioner states that non-U.S. certified 1992
through 1996 BMW 325i passenger cars must be marked to comply with the
Theft Prevention Standard at 49 CFR Part 541.
The petitioner also states that a VIN plate will be installed on
the vehicles so that it can be read from outside the left windshield
pillar, and a VIN reference label will be installed on the edge of the
door or latch post nearest the driver, in compliance with the
requirements of 49 CFR Part 565.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Docket Section, National Highway Traffic Safety
Administration, Room 5109, 400 Seventh Street, S.W., Washington, DC
20590. It is requested but not required that 10 copies be submitted.
All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above address both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.
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: January 3, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-423 Filed 1-7-97; 8:45 am]
BILLING CODE 4910-50-P
