[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