[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Pages 6609-6610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3445]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 97-008; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1990 BMW 325iX Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition.
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SUMMARY: This notice announces receipt by the National Highway Traffic
Safety Administration (NHTSA) of a petition for a decision that a 1990
BMW 325iX that was not originally manufactured to comply with all
applicable Federal motor vehicle safety standards is eligible for
importation into the United States because (1) it is substantially
similar to a vehicle that was originally manufactured for importation
into and sale in the United States and that was certified by its
manufacturer as complying with the safety standards, and (2) it is
capable of being readily altered to conform to the standards.
DATES: The closing date for comments on the petition is March 14, 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
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.
Champagne Imports, Inc. of Lansdale, Pennsylvania
(``Champagne')(Registered Importer 90-009) has petitioned NHTSA to
decide whether 1990 BMW 325iX passenger cars are eligible for
importation into the United States. The vehicle which Champagne
believes is substantially similar is the 1990 BMW 325iX that was
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 the non-U.S.
certified 1990 BMW 325iX to its U.S. certified counterpart, and found
the two vehicles to be substantially similar with respect to compliance
with most Federal motor vehicle safety standards.
Champagne submitted information with its petition intended to
demonstrate that the non-U.S. certified 1990 BMW 325iX, as originally
manufactured, conforms to many Federal motor vehicle safety standards
in the same manner as its U.S. certified counterpart, or is capable of
being readily altered to conform to those standards.
Specifically, the petitioner claims that the non-U.S. certified
1990 BMW 325iX is identical to its U.S. certified counterpart with
respect to compliance with Standards 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
[[Page 6610]]
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, and 302 Flammability of Interior Materials.
Petitioner also contends that the vehicle is 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) installation of a seat belt warning lamp that
displays the appropriate symbol; (c) recalibration of the speedometer/
odometer from kilometers to miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Installation of U.S.-model headlamp assemblies; (b)
installation of U.S.-model front and rear sidemarker/reflector
assemblies; (c) installation of U.S.-model taillamp assemblies; (d)
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, which is convex.
Standard No. 114 Theft Protection: installation of a warning
buzzer microswitch in the steering lock assembly and a warning buzzer.
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
U.S.-model seat belt in the driver's position, or a belt webbing
actuated microswitch inside the driver's seat belt retractor; (b)
installation of an ignition switch actuated seat belt warning lamp and
buzzer; (c) replacement of the driver's side air bag and knee bolster
with U.S.-model components. The petitioner states that the vehicle is
equipped with combination lap and shoulder belts that adjust by means
of an automatic retractor and release by means of a single push button
in each front designated seating position, and with combination lap and
shoulder belts that release by means of a single push button in each
rear designated seating position.
Standard No. 214 Side Impact Protection: installation of
reinforcing beams.
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 the bumpers on the non-
U.S. certified 1990 BMW 325iX must be reinforced, or U.S.-model bumper
components must be installed, to comply with the Bumper Standard found
in 49 CFR part 581.
Petitioner also states that a vehicle identification number plate
will be affixed to the vehicle to meet 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: February 6, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-3445 Filed 2-11-97; 8:45 am]
BILLING CODE 4910-59-P
