Decision That Nonconforming 1992 BMW 7 Series Passenger Cars Are Eligible for Importation

Topics:  BMW 7 Series

Marilynne Jacobs
National Highway Traffic Safety Administration
January 12, 1998

[Federal Register: January 12, 1998 (Volume 63, Number 7)]
[Notices]               
[Page 1881-1882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja98-106]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-97-3056]

 
Decision That Nonconforming 1992 BMW 7 Series Passenger Cars Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1992 BMW 7 
Series passenger cars are eligible for importation.

-----------------------------------------------------------------------

SUMMARY: This notice announces the decision by NHTSA that 1992 BMW 7 
Series passenger cars not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards are eligible for 
importation into the United States because they are substantially 
similar to vehicles originally manufactured for importation into and 
sale in the United States and certified by their manufacturer as 
complying with the safety standards (the U.S. certified version of the 
1992 BMW 7 Series), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective January 12, 1998.


[[Page 1882]]


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.
    J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer 
90-006) petitioned NHTSA to decide whether 1992 BMW 7 Series passenger 
cars are eligible for importation into the United States. NHTSA 
published notice of the petition on November 10, 1997 (62 FR 60556) to 
afford an opportunity for public comment. The reader is referred to 
that notice for a thorough description of the petition.
    One comment was received in response to the notice of the petition, 
from BMW of North America, Inc. (``BMW''), the United States 
representative of Bayerische Motoren Werke, A.G., the vehicle's 
manufacturer. In this comment, BMW stated that the petition erroneously 
claimed that non-U.S. certified 1992 BMW 7 Series passenger cars are 
equipped in both front seating positions with an automatic belt system 
identical to that found on the vehicles' U.S. certified counterparts. 
BMW stated that the company never certified the U.S. version of the 
1992 BMW 7 Series to FMVSS No. 208, Occupant Crash Protection, through 
the use of automatic seat belts, and that it installed frontal air bag 
systems in those vehicles instead. BMW contended that air bags would 
have to be installed in a non-U.S. certified 1992 BMW 7 Series for that 
vehicle to comply with FMVSS No. 208.
    According to BMW, it would be ``extremely difficult, if not 
impossible,'' for an air bag system to be properly installed.
    NHTSA accorded J.K. an opportunity to respond to BMW's comment. In 
its response, J.K. acknowledged that the petition was in error to the 
extent that it described non-U.S. certified 1992 BMW 7 Series passenger 
cars as being equipped with automatic seat belts. J.K. agreed with 
BMW's assertion that these vehicles are equipped with air bag systems 
at both front outboard seating positions. Because the air bags in 1992 
BMW 7 Series passenger cars manufactured for the European market are 
smaller than those furnished on the U.S. certified version of that 
vehicle, J.K. stated that it would be necessary to replace the air bags 
in European market vehicles with U.S. model components. J.K. did not 
address the difficulty of making such a replacement, although it 
indicated that if there were no existing air bag system in these 
vehicles, it would be possible to install one by changing the steering 
column and adding the necessary wiring and sensors to existing mounts.
    NHTSA believes that J.K.'s response adequately addresses the issue 
that BMW has raised regarding its petition. NHTSA further notes that in 
recent years, air bag systems have been replaced with relative ease on 
BMWs and other similar vehicles, and that the need for this alteration 
would not preclude the non-U.S. certified 1992 BMW 7 Series from being 
found eligible for importation.
    NHTSA has accordingly decided to grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VSP-232 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that a 1992 BMW 7 Series passenger car is substantially similar to a 
1992 BMW 7 Series passenger car originally manufactured for importation 
into and sale in the United States and certified under 49 U.S.C. 
Sec. 30115, and is capable of being readily altered to conform to all 
applicable Federal motor vehicle safety standards.

    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 7, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-690 Filed 1-9-98; 8:45 am]
BILLING CODE 4910-59-P