[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Notices]
[Pages 11165-11167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4986]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-005; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1992 BMW 520i 4-Door Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that noncomforming
1992 BMW 520i 4-Door 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 a 1992
BMW 520i 4-Door passenger car 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
[[Page 11166]] 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 31, 1995.
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:
Ted Bayler, 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)(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 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.
G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')
(Registered Importer 90-007) has petitioned NHTSA to decide whether
1992 BMW 520i 4-Door passenger cars are eligible for importation into
the United States. The vehicle which G&K believes is substantially
similar is the 1992 BMW 525i 4-Door 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 1992 BMW 520i 4-Door 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.
G&K submitted information with its petition intended to demonstrate
that the 1992 BMW 520i 4-Door, 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 1992 BMW 520i 4-Door
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, 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, 216 Roof Crush Resistance,
and 219 Windshield Zone Intrusion.
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) placement of a seat belt symbol on the seat belt
warning lamp; (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 headlamps and front
sidemarkers; (b) installation of U.S.-model taillamp assemblies which
incorporate rear sidemarkers; (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 convex
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. 115 Vehicle Identification Number: Installation of 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.
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 buzzer; (b) installation of a knee bolster to augment
the vehicle's air bag based passive restraint system, which otherwise
conforms to the standard.
Standard No. 214 Side Door Strength: 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.
Standard No. 302 Flammability of Interior Materials: Treatment of
cloth interior materials with a fire retardant spray.
Additionally, the petitioner states that the bumpers on the 1992
BMW 520i 4-Door must be reinforced to comply with the Bumper Standard
found in 49 CFR Part 581.
The petitioner further states that before the vehicle can be
entered into the United States, its VIN must be inscribed on fourteen
specified parts and a theft prevention certification label must be
installed for the vehicle to comply with the Theft Prevention Standard
found in 49 CFR part 541.
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, SW., 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 [[Page 11167]] 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 23, 1995.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 95-4986 Filed 2-28-95; 8:45 am]
BILLING CODE 4910-59-M
