Determination That Nonconforming 1993 BMW 730i Passenger Cars Are Eligible for Importation

Topics:  BMW 730i

William A. Boehly
National Highway Traffic Safety Administration
Federal Register
March 25, 1994

[Federal Register: March 25, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 93-90; Notice 2]

 
Determination That Nonconforming 1993 BMW 730i Passenger Cars Are 
Eligible for Importation

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

ACTION: Notice of determination by NHTSA that nonconforming 1993 BMW 
730i passenger cars are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1993 BMW 
730i 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 a vehicle originally manufactured for importation into and 
sale in the United States and certified by its manufacturer as 
complying with the safety standards (the 1993 BMW 740i), and they are 
capable of being readily modified to conform to the standards.

DATES: The determination is effective March 25, 1994.

FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION: 

Background

    Under section 108(c)(3)(A)(i) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), 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 on and after January 31, 1990, unless 
NHTSA has determined that the motor vehicle is substantially similar to 
a motor vehicle originally manufactured for importation into and sale 
in the United States, certified under 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 modified to conform to all applicable 
Federal motor vehicle safety standards.
    Petitions for eligibility determinations 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 determines, 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 determination 
in the Federal Register.
    Champagne Imports Inc. of Lansdale, Pennsylvania (Registered 
Importer R-90-009) petitioned NHTSA to determine whether 1993 BMW 730i 
passenger cars are eligible for importation into the United States. 
NHTSA published notice of the petition on December 30, 1993 (58 FR 
6944) to afford an opportunity for public comment. The reader is 
referred to that notice for a thorough description of the petition. No 
comments were received in response to the notice. Based on its review 
of the information submitted by the petitioner, NHTSA has determined to 
grant the petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final determination 
must indicate on the form HS-7 accompanying entry the appropriate 
vehicle eligibility number indicating that the vehicle is eligible for 
entry. VSP 57 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby determines 
that a 1993 BMW 730i is substantially similar to a 1993 BMW 740i 
originally manufactured for importation into and sale in the United 
States and certified under section 114 of the National Traffic and 
Motor Vehicle Safety Act, and that the 1993 BMW 730i is capable of 
being readily modified to conform to all applicable Federal motor 
vehicle safety standards.

    Authority: 15 U.S.C. 1397(c)(3)(A)(i)(I) and (c)(ii); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on March 21, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-7003 Filed 3-24-94; 8:45 am]
BILLING CODE 4910-59-M