Receipt of Petition for Decision That Nonconforming 1991 BMW 325i 4-Door Passenger Cars Are Eligible for Importation Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: William A. Boehly Date: 2 November 1994 Subjects: American Government • Safety Topic: BMW 325i

[Federal Register Volume 59, Number 211 (Wednesday, November 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27144]


[[Page Unknown]]

[Federal Register: November 2, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-88; Notice 1]

 

Receipt of Petition for Decision That Nonconforming 1991 BMW 325i 
4-Door Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1991 BMW 325i 4-Door 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 1991 
BMW 325i 4-Door passenger car 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 December 2, 
1994.

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:
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.
    G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer 90-007) has petitioned NHTSA to decide whether 
1991 BMW 325i 4-Door passenger cars are eligible for importation into 
the United States. The vehicle which G&K believes is substantially 
similar is the 1991 BMW 325i 4-Door passenger car 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 1991 BMW 325i 4-Door passenger car 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.
    G&K submitted information with its petition intended to demonstrate 
that the non-U.S. certified 1991 BMW 325i 4-Door passenger car, 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 
1991 BMW 325i 4-Door passenger car 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, 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, 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) placement of a seat belt symbol on the seat belt 
warning lamp lens; (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 and front 
sidemarkers; (b) installation of U.S.-model taillamp lenses 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 convex 
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.
    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: 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 buzzer; (b) installation of a Type 1 seat belt in the 
rear center designated seating position; (c) installation of a passive 
restraint system consisting of a driver's side air bag and knee 
bolster, as used in the U.S. certified 1991 BMW 325i 4-Door passenger 
car.
    Standard No. 214 Side Door Strength: 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 1991 BMW 325i must be reinforced to comply with the 
Bumper Standard found in 49 CFR Part 581. The petitioner also states 
that because the 1991 BMW 325i is part of a line that is subject to the 
Federal Motor Vehicle Theft Prevention Standards found in 49 CFR Part 
541, a theft prevention certification label must be installed on the 
vehicle, and its VIN must be inscribed on fourteen major car parts.
    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 24, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-27144 Filed 11-1-94; 8:45 am]
BILLING CODE 4910-59-M