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TITLE Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: William A. Boehly Date: 12 October 1994 Subject: American Government  • Safety
Topic: BMW 750iL |
[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25165]
[[Page Unknown]]
[Federal Register: October 12, 1994]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-83; Notice 1]
Receipt of Petition for Decision That Nonconforming 1990 BMW
750iL Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1990 BMW 750iL 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 a 1990
BMW 750iL 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.
DATE: The closing date for comments on the petition is on November 14,
1994.
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 Street SW., Washington, DC
20590. [Docket hours are from 9:30 a.m. to 4 p.m.]
FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 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. 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.
Liphardt & Associates, Inc. of Ronkonkoma, New York (``Liphardt'')
(Registered Importer 90-004) has petitioned NHTSA to decide whether
1990 BMW 750iL passenger cars are eligible for importation into the
United States. The vehicle which Liphardt believes is substantially
similar is the 1990 BMW 750iL that was manufactured for importation
into and sale in, the United States and that was 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 750iL 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.
Liphardt submitted information with its petition intended to
demonstrate that the non-U.S. certified 1990 BMW 750iL, 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 petition claims that the non-U.S. certified 1990
BMW 750iL 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, 107
Reflecting Surfaces, 109 New Pneumatic Tires, 111 Rearview Mirror, 113
Hood Latch Systems, 116 Brake Fluid, 118 Power Window Systems, 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, 216 Roof Crush Resistance, 219 Windshield Zone
Intrusion, 301 Fuel System Integrity, 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) replacement of the speedometer/odometer with one
calibrated in miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) installation of U.S.-model headlamp assemblies which
incorporate sealed beam headlamps; (b) installation of U.S.-model
sidemarker lamps; (c) installation of a high mounted stop lamp.
Standard No. 110 Tire Selection and Rims: Installation of a tire
information placard.
Standard No. 114 Theft Protection: Installation of a warning buzzer
in the steering lock assembly.
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. 208 Occupant Crash Protection: (a) installation of a
seat belt warning buzzer; (b) installation of knee bolsters to augment
the vehicle's air bag based passive restraint system, which otherwise
conforms to the standard.
Standard No. 214 Side Door Strength: installation of reinforcing
beams.
Additionally, the petitioner states that the bumpers on the non-
U.S. certified 1990 BMW 750iL must be fitted with U.S. model impact
absorbers to comply with the Bumper Standard found in 49 CFR Part 581.
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: October 5, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-25165 Filed 10-11-94; 8:45 am]
BILLING CODE 4910-59-M