Decision That Nonconforming 1991 BMW 750iL Passenger Cars Are Eligible for Importation

Topics:  BMW 750iL

William A. Boehly
National Highway Traffic Safety Administration
Federal Register
September 14, 1994

[Federal Register: September 14, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-50; Notice 2]

 
Decision That Nonconforming 1991 BMW 750iL Passenger Cars Are 
Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 1991 BMW 750iL 
passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1991 BMW 
750iL 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 U.S.-certified version of the 
1991 BMW 750iL), and they are capable of being readily altered to 
conform to the standards.

DATES: This decision is effective as of the date of its publication in 
the Federal Register.

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) 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 
(Registered Importer R-90-007) petitioned NHTSA to decide whether 1991 
BMW 750iL passenger cars are eligible for importation into the United 
States. NHTSA published notice of the petition on June 29, 1994 (59 FR 
33572) 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 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 81 is the vehicle eligibility number assigned to vehicles 
admissible under this decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that a 1991 BMW 750iL not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards is substantially 
similar to a 1991 BMW 750iL originally manufactured for importation 
into and sale in the United States and certified under 49 U.S.C. 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 September 8, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-22692 Filed 9-13-94; 8:45 am]
BILLING CODE 4910-59-M