[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Pages 6609-6610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3445]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 97-008; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1990 BMW 325iX Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

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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 1990 
BMW 325iX 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 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 March 14, 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 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 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.
    Champagne Imports, Inc. of Lansdale, Pennsylvania 
(``Champagne')(Registered Importer 90-009) has petitioned NHTSA to 
decide whether 1990 BMW 325iX passenger cars are eligible for 
importation into the United States. The vehicle which Champagne 
believes is substantially similar is the 1990 BMW 325iX 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 1990 BMW 325iX 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 1990 BMW 325iX, 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 
1990 BMW 325iX 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, 109  New Pneumatic Tires, 113  Hood Latch Systems, 116  Brake 
Fluid, 124  Accelerator Control Systems, 201

[[Page 6610]]

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, 212  
Windshield Retention, 216  Roof Crush Resistance, 219  Windshield Zone 
Intrusion, and 302  Flammability of Interior Materials.
    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 that 
displays the appropriate symbol; (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; (b) 
installation of U.S.-model front and rear sidemarker/reflector 
assemblies; (c) installation of U.S.-model taillamp assemblies; (d) 
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, which is convex.
    Standard No. 114  Theft Protection: installation of a warning 
buzzer microswitch in the steering lock assembly and a warning buzzer.
    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 and knee bolster 
with U.S.-model components. The petitioner states that the vehicle is 
equipped with combination lap and shoulder belts that adjust by means 
of an automatic retractor and release by means of a single push button 
in each front designated seating position, and with combination lap and 
shoulder belts that release by means of a single push button in each 
rear designated 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 the non-
U.S. certified 1990 BMW 325iX must be reinforced, or U.S.-model bumper 
components must be installed, to comply with the Bumper Standard found 
in 49 CFR part 581.
    Petitioner also states that a vehicle identification number plate 
will be affixed to the vehicle to meet 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: February 6, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-3445 Filed 2-11-97; 8:45 am]
BILLING CODE 4910-59-P