[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