[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13131]


[[Page Unknown]]

[Federal Register: May 31, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-45; Notice 1]

 

Receipt of Petition for Determination that Nonconforming 1991 and 
1992 BMW 525i Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that 
nonconforming 1991 and 1992 BMW 525i 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 determination that 
1991 and 1992 BMW 525i that were not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards are eligible 
for importation into the United States because (1) each 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) 
each is capable of being readily modified to conform to the standards.

DATES: The closing date for comments on the petition is June 30, 1994.

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 section 108(c)(3)(A)(i) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), 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 on and after January 31, 1990, unless 
NHTSA has determined that the motor vehicle is substantially similar to 
a motor vehicle originally manufactured for importation into and sale 
in the United States, certified under 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 modified to conform to all applicable 
Federal motor vehicle safety standards.
    Petitions for eligibility determinations 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 determines, 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 determination 
in the Federal Register.
    J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered 
Importer R-90-006) has petitioned NHTSA to determine whether 1991 and 
1992 BMW 525i passenger cars are eligible for importation into the 
United States. The vehicles which J.K. believes are substantially 
similar are the 1991 and 1992 BMW 525i that were manufactured for 
importation into, and sale in the United States, and certified by their 
manufacturer, Bayerische Motoren-Werke A.G., as conforming to all 
applicable Federal motor vehicle safety standards.
    The petitioner states that it carefully compared the non-U.S.-
certified 1991 and 1992 BMW 525i to their U.S. certified counterparts, 
and found those vehicles to be substantially similar with respect to 
compliance with most applicable Federal motor vehicle safety standards.
    J.K. submitted information with its petition intended to 
demonstrate that the 1991 and 1992 model 525i, as originally 
manufactured, conforms to many Federal motor vehicle safety standards 
in the same manner as their U.S. certified counterparts, or are capable 
of being readily modified to conform to those standards.
    Specifically, the petitioner claims that the 1991 and 1992 model 
525i are identical to the certified 1991 and 1992 model 525i 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, 
219 Windshield Zone Intrusion, 301 Fuel System Integrity, and 302 
Flammability of Interior Materials.
    Petitioner also contends that the vehicles are capable of being 
readily modified 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) 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 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 Mirrors

    Replacement of the passenger side rearview 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-Operated Window Systems

    Installation of a relay in the power window system so that the 
window transport is inoperative when the ignition is turned off.

Standard No. 208  Occupant Crash Protection

    (a) Installation of a seat belt warning buzzer, wired to the 
driver's seat belt latch;
    (b) Installation of a factory-supplied knee bolster and pad to 
augment the vehicles' passive restraint system. The petitioner states 
that the air bags supplied on the non-U.S. certified 1991 and 1992 
model 525i have identical part numbers to those found on their U.S. 
certified counterparts.

Standard No. 214  Side Door Strength

    Installation of reinforcing beams.
    Additionally, the petitioner states that the bumpers on the 1991 
and 1992 model 525i must be reinforced to comply with the Bumper 
Standard found in 49 CFR part 581. The petitioner further noted that 
the bumper rub strips on these vehicles must be replaced and U.S.-model 
marker lights that are mounted in those strips must be added.
    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: 15 U.S.C. 1397(c)(3)(A)(i)(I) and (C)(ii); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.
    Issued on: May 23, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-13131 Filed 5-27-94; 8:45 am]
BILLING CODE 4910-59-M