[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Notices]
[Pages 56997-56998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28351]
[[Page 56997]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 96-112; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1990-1995 BMW 5 Series Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1990-1995 BMW 5 Series 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 1990-
1995 BMW 5 Series 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 December 5,
1996.
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
Safety Compliance, NHTSA (202-366-5306).
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.
J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer
90-006) has petitioned NHTSA to decide whether 1990-1995 BMW 5 Series
passenger cars are eligible for importation into the United States. The
vehicles which J.K. believes are substantially similar are the 1990-
1995 BMW 5 Series passenger cars that were manufactured for importation
into, and sale in, the United States and certified by their
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
1990-1995 BMW 5 Series passenger cars to their U.S. certified
counterpart, and found the vehicles to be substantially similar with
respect to compliance with most Federal motor vehicle safety standards.
J.K. submitted information with its petition intended to
demonstrate that non-U.S. certified 1990-1995 BMW 5 Series 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 1990-
1995 BMW 5 Series 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, 109 New Pneumatic Tires, 113 Hood Latch
Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 201 Occupant
Protection in Interior Impact, 202 Head Restraints, 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, 212 Windshield
Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion,
301 Fuel System Integrity, and 302 Flammability of Interior Materials.
Additionally, the petitioner states that non-U.S. certified 1990-
1995 BMW 5 Series passenger cars are equipped with the same bumpers and
bumper support structure as found on the vehicles' U.S. certified
counterparts, and that the vehicles therefore comply with the Bumper
Standard found in 49 CFR Part 581. The petitioner noted, however, that
on some models the bumper strips must be changed to accommodate marker
lights and that these components may be purchased from BMW.
Petitioner also contends that non-U.S. certified 1990-1995 BMW 5
Series passenger cars 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) replacement of the speedometer/odometer to one
calibrated in miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) installation of U.S.-model headlamps and front
sidemarker lights; (b) installation of U.S.-model taillamp assemblies
which incorporate rear sidemarker lights; (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: replacement of the passenger side
rearview mirror with a U.S.-model component.
Standard No. 114 Theft Protection: installation of a warning buzzer
microswitch and a warning buzzer in the steering lock assembly.
Standard No. 118 Power Window Systems: installation of a relay in
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 buzzer, wired to the seat belt latch; (b)
installation of a knee bolster to augment the automatic restraint
system. The petitioner states that the vehicles are equipped with
driver's and passenger's side air bags that are identical to those
found on the vehicles' U.S.-certified counterparts and that these
components will be inspected to ensure that they have the same part
numbers as those installed on U.S. models. The petitioner further
states that the vehicles are equipped with manual lap and shoulder
belts in the front and rear outboard seating positions
[[Page 56998]]
and with a lap belt in the rear center seating position.
Standard No. 214 Side Impact Protection: Installation of door bars
on certain vehicles imported from Germany or Switzerland that may lack
these components. The petitioner states that these door bars will be
identical to those found on the vehicles' U.S.-certified counterparts,
or will be fabricated from appropriate chrome moly tubing.
The petitioner also states that as required under NHTSA regulations
on vehicle identification numbers at 49 CFR Part 565, non-U.S.
certified 1990-1995 BMW 5 Series passenger cars will have installed a
VIN plate that can be read from outside the left windshield pillar, and
a VIN reference label on the edge of the door or latch post nearest the
driver.
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: October 30, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-28351 Filed 11-4-96; 8:45 am]
BILLING CODE 4910-59-P
