[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Notices]
[Pages 1145-1146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-423]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-131; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1992 Through 1996 BMW 325i Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1992 through 1996 BMW 325i 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 1992 
through 1996 BMW 325i 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 February 7, 
1997.

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

[[Page 1146]]

Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 30141(a)(1)(A), 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, 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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to 
decide whether 1992 through 1996 BMW 325i passenger cars are eligible 
for importation into the United States. The vehicles which Wallace 
believes are substantially similar are 1992 through 1996 BMW 325i 
passenger cars that were 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 non-U.S. certified 
1992 through 1996 BMW 325i 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.
    Wallace submitted information with its petition intended to 
demonstrate that non-U.S. certified 1992 through 1996 BMW 325i 
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 1992 
through 1996 BMW 325i 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, 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 
Windshield Retention, 214 Side Impact Protection, 216 Roof Crush 
Resistance, 219 Windshield Zone Intrusion, and 302 Flammability of 
Interior Materials.
    Additionally, the petitioner states that non-U.S. certified 1992 
through 1996 BMW 325i 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) recalibration of the speedometer/odometer from 
kilometers to miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) replacement of the headlight assemblies; (b) replacement 
of the turn signal lens assemblies; (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: inscription of the required 
warning statement on the passenger side rearview mirror.
    Standard No. 114 Theft Protection: installation of a warning device 
to be activated if the key is left in the steering lock and the 
driver's side door is opened.
    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 
seat belt warning system; (b) installation of a U.S.-model driver's 
side air bag and knee bolster; (c) installation of a U.S.-model 
passenger's side air bag on model years for which this component was 
included as standard equipment on the U.S. certified counterpart. The 
petitioner states that the vehicles are equipped with Type 2 seat belts 
in all four outboard designated seating positions, and with a Type 1 
seat belt in the rear center seating position.
    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 non-U.S. certified 1992 
through 1996 BMW 325i passenger cars must be marked to comply with the 
Theft Prevention Standard at 49 CFR Part 541.
    The petitioner also states that a VIN plate will be installed on 
the vehicles so that it can be read from outside the left windshield 
pillar, and a VIN reference label will be installed on the edge of the 
door or latch post nearest the driver, in compliance with the 
requirements of 49 CFR Part 565.
    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: January 3, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-423 Filed 1-7-97; 8:45 am]
BILLING CODE 4910-50-P