[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Notices]
[Pages 39482-39484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19021]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-60; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1994 and 1995 BMW 730i Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1994 and 1995 BMW 730i 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 

[[Page 39483]]
for a decision that 1994 and 1995 BMW 730i passenger cars 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) they are substantially similar to vehicles that were 
originally manufactured for importation into and sale in the United 
States and that were certified by their manufacturer as complying with 
the safety standards, and (2) they are capable of being readily altered 
to conform to the standards.

DATES: The closing date for comments on the petition is September 1, 
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: George Entwistle, 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 Imported 90-007) has petitioned NHTSA to decide whether 
1994 and 1995 BMW 730i passenger cars are eligible for importation into 
the United States. The vehicles which G&K believes are substantially 
similar are 1994 and 1995 BMW 740i passenger cars 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 claims that it carefully compared 1994 and 1995 BMW 
730i passenger cars to 1994 and 1995 BMW 740i passenger cars, and found 
the 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 1994 and 1995 BMW 730i passenger cars, as originally manufactured, 
conform to many Federal motor vehicle safety standards in the same 
manner as their 1994 and 1995 BMW 740i passenger cars, or are capable 
of being readily altered to conform to those standards.
    Specifically, the petitioner claims that 1994 and 1995 BMW 730i 
passenger cars are identical to 1994 and 1995 BMW 740i passenger cars 
with respect to compliance with Standard 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, 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, and 302 Flammability of Interior 
Materials.
    Petitioner also contends that 1994 and 1995 BMW 730i passenger cars 
are 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 the appropriate symbol on the seat 
belt warning lamp; (c) recalibration of the speedometer/odometer from 
kilometers to miles per hour.
    Standard No. 109 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamp assemblies and front 
sidemakers; (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 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: installation of a seat 
belt warning buzzer. The petitioner states that in conformity with the 
standard, some of the subject vehicles manufactured before September 
1993 may be equipped with only driver's side air bags and knee 
bolsters, but that all such vehicles manufactured after September 1993 
are so equipped on both the driver's and the passenger's side. The 
petitioner also states that the vehicles are equipped with Type 2 seat 
belts in the front and rear outboard seating positions, and with a Type 
1 seat belt in the rear center seating position.
    Standard No. 214  Side Impact Protection: 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.
    Additionally, the petitioner states that the bumpers on 1994 and 
1995 BMW 730i passenger cars must be reinforced 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, S.W., Washington, DC 
20590. It is requested 

[[Page 39484]]
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: July 27, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-19021 Filed 8-1-95; 8:45 am]
BILLING CODE 4910-59-M