[Federal Register Volume 59, Number 211 (Wednesday, November 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27147]
[[Page Unknown]]
[Federal Register: November 2, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-85; Notice 1]
Receipt of Petition for Decision That Nonconforming 1993 BMW
840Ci Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1993 BMW 840Ci 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 1993
BMW 840Ci 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.
DATES: The closing date for comments on the petition is December 2,
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 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.
Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered
Importer No. R-90-009) has petitioned NHTSA to decide whether 1993 BMW
840Ci passenger cars are eligible for importation into the United
States. The vehicle which Champagne believes is substantially similar
is the 1993 BMW 850Ci. Champagne has submitted information indicating
that Bayerische-Motoren Werke A.G., the company that manufactured the
1993 BMW 850Ci, certified that vehicle as conforming to all applicable
Federal motor vehicle safety standards and offered it for sale in the
United States.
The petitioner contends that it carefully compared the 840Ci to the
850Ci, and found the two models to be substantially similar with
respect to compliance with most applicable Federal motor vehicle safety
standards.
Champagne submitted information with its petition intended to
demonstrate that the 1993 model 840Ci, as originally manufactured,
conforms to many Federal motor vehicle safety standards in the same
manner as the 1993 model 850Ci that was offered for sale in the United
States, or is capable of being readily altered to conform to those
standards.
Specifically, the petitioner claims that the 1993 model 840Ci is
identical to the certified 1993 model 850Ci 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, 112 Headlamp Concealment Devices,
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 Windsheld Retention, 214
Side Door Strength, 216 Roof Crush Resistance, 219 Windshield Zone
Intrusion, and 302 Flammability of Interior Materials.
Additionally, the petitioner states that the 1993 BMW 840Ci
complies with the Bumper Standard found in 49 CFR Part 581.
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) installation of a 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 headlamp assemblies which
incorporate sealed beam headlamps; (b) installation of U.S.-model front
and rear sidemarker/reflector assemblies; (c) installation of U.S.-
model taillamp assemblies; (d) 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 rear view 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 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
U.S.-model seat belt in the driver's position, or a belt webbing-
actuated microswitch inside the driver's seat belt retractor; (b)
installation of an ignition switch-actuated seat belt warning lamp and
buzzer; (c) installation of factory-supplied driver's and passenger's
side knee bolsters to augment the vehicle's passive restraint system.
The petitioner states that the remaining components of the vehicle's
passive restraint system, consisting of driver's and passenger's side
air bags, control unit, and impact sensor, have part numbers identical
to those found on the U.S. certified 1993 model 850Ci.
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.
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, S.W., 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 24, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-27147 Filed 11-1-94; 8:45 am]
BILLING CODE 4910-59-M