[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Notices]
[Pages 524-525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-106]




DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. 94-83; Notice 2]


Decision that Nonconforming 1990 BMW 750iL Passenger Cars are 
Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1990 BMW 750iL 
passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1990 BMW 
750iL 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 a vehicle originally manufactured for importation into and 
sale in the United States and certified by its manufacturer as 
complying with the safety standards (the U.S.-certified version of the 
1990 BMW 750iL), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective January 4, 1995.

FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5406).

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 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 [[Page 525]] 
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.
    Liphardt & Associates, Inc. of Ronkonkoma, New York (Registered 
Importer R-90-004) petitioned NHTSA to decide whether 1990 BMW 750iL 
passenger cars are eligible for importation into the United States. 
NHTSA published notice of the petition on October 12, 1994 (59 FR 
51655) 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 91 is the vehicle eligibility number assigned to vehicles 
admissible under this decision.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that a 1990 BMW 750iL not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards is substantially 
similar to a 1990 BMW 750iL originally manufactured for importation 
into and sale in the United States and certified under 49 U.S.C. 
Sec. 30115, and is 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: December 21, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 95-106 Filed 1-3-95; 8:45 am]
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