[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 40069-40070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19356]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-078; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1995 BMW 520 Series Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1995 BMW 520 Series 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 1995
BMW 520 Series 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 its manufacturer as complying with the safety standards, and (2)
they are capable of being readily altered to conform to the standards.
DATE: The closing date for comments on the petition is August 30, 1996.
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 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. Sec. 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. Sec. 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.
J.K. Motors, Inc. of Kingsville, Maryland (``J.K.'') (Registered
Importer 90-006) has petitioned NHTSA to decide whether 1995 BMW 520
Series passenger cars are eligible for importation into the United
States. The vehicles which J.K. believes are substantially similar are
1995 BMW 520 Series 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 non-U.S. certified
1995 BMW 520 Series passenger cars to their U.S. certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most Federal motor vehicle safety standards.
J.K. submitted information with its petition intended to
demonstrate that non-U.S. certified 1995 BMW 520 Series passenger cars,
as originally manufactured, conform to many Federal motor vehicle
safety standards in the same manner as their U.S. certified
counterparts, or are capable of being readily altered to conform to
those standards.
Specifically, the petitioner claims that non-U.S. certified 1995
BMW 520 Series passenger cars are identical to their U.S. certified
counterparts 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, 301 Fuel System
Integrity, and 302 Flammability of Interior Materials.
Additionally, the petitioner states that non-U.S. certified 1995
BMW 520 Series passenger cars comply with the Bumper Standard found in
49 CFR Part 581.
Petitioner also contends that the vehicles 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) replacement of the speedometer with one calibrated
in miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) installation of U.S.-model 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 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.
[[Page 40070]]
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: installation of a relay in
the power window system so that the windows will not operate when the
ignition is switched off.
Standard No. 208 Occupant Crash Protection: (a) installation of a
seat belt warning buzzer; (b) installation of driver's and passenger's
side knee bolsters to augment the vehicles' air bag based passive
restraint system. The petitioner states that the vehicles are equipped
with manual lap and shoulder belts in the front and rear outboard
seating positions, and with a lap belt in the center seating position.
Standard No. 214 Side Impact Protection: installation of door
bars.
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: July 24, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-19356 Filed 7-30-96; 8:45 am]
BILLING CODE 4910-59-P