[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Notices]
[Pages 21240-21241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10640]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-31; Notice 1]
Receipt of Petition for Decision That Nonconforming 1994 BMW 520i
4-Door Sedan Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1994 BMW 520i 4-Door Sedan 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 1994
BMW 520i 4-Door Sedan 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 May 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: 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)(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.
Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered
Importer No. R-90-009) has petitioned NHTSA to decide whether 1994 BMW
520i 4-Door Sedan passenger cars are eligible for importation into the
United States. The vehicle which Champagne believes is substantially
similar is the 1994 BMW 525i 4-Door Sedan. Champagne has submitted
information indicating that Bayerische Motoren Werke A.G., the company
that manufactured the 1994 BMW 525i 4-Door Sedan, certified that
vehicle as conforming to all applicable Federal motor vehicle safety
standards and offered it for sale in the United States.
The petitioner contends that it carefully compared the 520i to the
525i, and found the two models to be substantially similar with respect
to compliance with most applicable Federal motor vehicle safety
standards.
Champagne submitted information with its petition intended to
demonstrate that the 1994 model 520i, as originally manufactured,
conforms to many Federal motor vehicle safety standards in the same
manner as the 1994 model 525i that was offered for sale in the United
States, or is capable of being readily altered to conform to those
standards.
Specifically, the petitioner claims that the 1994 model 520i is
identical to the certified 1994 model 525i 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, 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 [[Page 21241]] Resistance, 219
Windshield Zone Intrusion, and 302 Flammability of Interior Materials.
Additionally, the petitioner states that the 1994 model 520i
complies with the Bumper Standard found in 49 CFR part 581.
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; (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 which
incorporate sealed beam headlamps; (b) installation of 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 Mirrors: Replacement of the passenger
side rear view mirror, which is convex, but lacks the required warning
statement.
Standard No. 114 Theft Protection: Installation of a buzzer
microswitch in the steering lock assembly, and a warning buzzer.
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
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) installation of a U.S.-model driver's side air bag and knee
bolster. The petitioner states that the vehicle is equipped at each
front designated seating position with a combination lap and shoulder
restraint that adjusts by means of an automatic retractor and releases
by means of a single push button. The petitioner also states that
combination lap and shoulder restraints that release by means of a
single push button are installed at both outboard rear seating
positions, and that a lap belt is installed in the center rear 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.
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 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: April 26, 1995.
Marilynne E. Jacobs,
Director, Office Vehicle Safety Compliance.
[FR Doc. 95-10640 Filed 4-28-95; 8:45 am]
BILLING CODE 4910-59-P
