[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Pages 63568-63569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30033]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 95-94; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1991 BMW 735IL Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1991 BMW 735IL passenger cares 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 1991 
BMW 735IL 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 for 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 January 10, 
1996.

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 had decided that the 
motor vehicle is substantially similar to a motor vehicle originally 
manufactured for importation into and for 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 (``Champagne'') 
(Registered Importer 90-009) has petitioned NHTSA to decide whether 
1991 BMW 735IL passenger cars are eligible for importation into the 
United States. The vehicle which Champagne believes is substantially 
similar is the 1991 BMW 735IL 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 1991 BMW 735IL 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.
    Champagne submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1991 BMW 735IL, 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 non-U.S. certified 
1991 BMW 735IL 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 Acclerator 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.
    Additionally, the petitioner states that the non-U.S. certified 
1991 BMW 735IL 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) 

[[Page 63569]]
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 
convex 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 
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) replacement of the driver's side air bag with a U.S.-model 
component; (d) installation of a U.S.-model knee bolster on the 
driver's side to augment the automatic restraint system. The petitioner 
states that the vehicle is equipped in each front designated seating 
position with a combination lap and shoulder restraint that adjusts by 
means of an automatic retractor and releases by means of a single push 
button. The petitioner further states that the vehicle is equipped in 
each outboard rear designated seating position with a combination lap 
and shoulder restraint that releases by means of a single push button, 
and with a lap belt in its 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.
    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: December 5, 1995.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-30033 Filed 12-8-95; 8:45 am]
BILLING CODE 4910-59-M