[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25165]


[[Page Unknown]]

[Federal Register: October 12, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-83; Notice 1]

 

Receipt of Petition for Decision That Nonconforming 1990 BMW 
750iL Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1990 BMW 750iL 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 1990 
BMW 750iL 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.

DATE: The closing date for comments on the petition is on November 14, 
1994.

ADDRESS: 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 Street SW., Washington, DC 
20590. [Docket hours are from 9:30 a.m. to 4 p.m.]

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.
    Liphardt & Associates, Inc. of Ronkonkoma, New York (``Liphardt'') 
(Registered Importer 90-004) has petitioned NHTSA to decide whether 
1990 BMW 750iL passenger cars are eligible for importation into the 
United States. The vehicle which Liphardt believes is substantially 
similar is the 1990 BMW 750iL that was manufactured for importation 
into and sale in, the United States and that was 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 1990 BMW 750iL 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.
    Liphardt submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1990 BMW 750iL, 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 petition claims that the non-U.S. certified 1990 
BMW 750iL 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, 111 Rearview Mirror, 113 
Hood Latch Systems, 116 Brake Fluid, 118 Power Window Systems, 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 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) replacement of the speedometer/odometer with one 
calibrated in 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 U.S.-model 
sidemarker lamps; (c) installation of a high mounted stop lamp.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 114 Theft Protection: Installation of 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. 208 Occupant Crash Protection: (a) installation of a 
seat belt warning buzzer; (b) installation of knee bolsters 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.
    Additionally, the petitioner states that the bumpers on the non-
U.S. certified 1990 BMW 750iL must be fitted with U.S. model impact 
absorbers to comply with the Bumper Standard found in 49 CFR Part 581.
    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: October 5, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-25165 Filed 10-11-94; 8:45 am]
BILLING CODE 4910-59-M