95-23860. Decision That Nonconforming 1994 and 1995 BMW 730i Passenger Cars are Eligible for Importation

[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Notices]
[Pages 49660-49661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23860]



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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Docket No. 95-60; Notice 2


Decision That Nonconforming 1994 and 1995 BMW 730i Passenger Cars 
are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1994 and 1995 
BMW 730i passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994 and 1995 
BMW 730i passenger cars not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards are eligible for 
importation into the United States because they are substantially 
similar to vehicles originally manufactured for importation into and 
sale in the United States and certified by their manufacturer as 
complying with the safety standards (the 1994 and 1995 BMW 740i), and 
they are capable of being readily altered to conform to the standards.

DATES: The decision is effective as of September 26, 1995.

FOR FURTHER INFORMATION CONTACT:
George Entwistle, Office of Vehicle Safety Compliance, NHTSA (202-366-
5306).

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section 
108(c)(3)(A)(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. Sec. 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 

[[Page 49661]]
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 
(Registered Importer R-90-007) petitioned NHTSA to decide whether 1994 
and 1995 BMW 730i passenger cars are eligible for importation into the 
United States. NHTSA published notice of the petition on August 2, 1995 
(60 FR 39482) to afford an opportunity for public comment. The reader 
is referred to that notice for a thorough description of the petition. 
No comments were received in response to the notice. Based on its 
review of the information submitted by the petitioner, NHTSA has 
decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VSP-131 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 1994 and 1995 BMW 730i passenger cars are substantially similar to 
1994 and 1995 BMW 740i passenger cars originally manufactured for 
importation into and sale in the United States and certified under 49 
U.S.C. Sec. 30115, and are capable of being readily altered to conform 
to all applicable Federal motor vehicle safety standards.

    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: September 21, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-23860 Filed 9-25-95; 8:45 am]
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