Notice of Receipt of Petition for Determination That Nonconforming 1991 BMW 750iL Passenger Cars Are Eligible for Importation

Topics:  BMW 750iL

William A. Boehly
National Highway Traffic Safety Administration
29 June 1994

[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15723]


[[Page Unknown]]

[Federal Register: June 29, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-50; Notice 1]

 

Notice of Receipt of Petition for Determination That 
Nonconforming 1991 BMW 750iL Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that 
nonconforming 1991 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 determination that a 
1991 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 modified to conform to the standards.

DATES: The closing date for comments on the petition is July 29, 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 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 section 108(c)(3)(A)(i) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. Sec. 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 comform 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.
    G&K Automative Conversion, Inc. of Santa Ana, California (``G&K'') 
(Registered Importer R-90-007) has petitioned NHTSA to determine 
whether 1991 BMW 750iL passenger cars that were originally manufactured 
to comply with all applicable Federal motor vehicle safety standards 
are eligible for importation into the United States. The vehicle that 
G&K believes is substantially similar is the 1991 BMW 750iL which 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 states that it has carefully compared the non-U.S. 
certified 1991 BMW 750iL to its U.S. certified counterpart, and found 
the two vehicles to be substantially similar with respect to most 
applicable Federal motor vehicle safety standards.
    G&K submitted information with its petition intended to demonstrate 
that the non-U.S. certified 1991 model 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 modified to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1991 model 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, 106 Brake Hoses, 107 Refelecting 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, 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 Hudcaps, 212 
Windshield Retention, 216 Roof Crush Resistance, 219 Winshield Zone 
Instrusion, and 302  Flammability of Interior Materials.
    Petitioner also contends that the 1991 BMW 750iL is capable of 
being readily modified 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) installation of a seat belt warning lamp; (c) 
recalibration of the speedometer/odometer from kilometers to miles per 
hour.
    Standard No. 105 Hydraulic Brake Systems: modification of the 
electrical circuit so that the brake failure indicator lamp activities 
when the ignition is switch on.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamp assemblies which 
incorporate sealed beam headlamps and front sidemarkers; (b) 
installation of U.S.-model taillamp assemblies 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 Mirrors: replacement of the passenger 
side rearview mirror, which is convex but lacks the required warning 
statement.
    Standard No. 114 Theft Protection: installation of a warning buzzer 
microswitch in the steering lock electrical circuit, and a warning 
buzzer.
    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-Operated 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 an 
ignition switch-actuated seat belt warning buzzer; (b) replacement of 
the existing Type 1 rear seat belts with U.S.-model belts equipped with 
retractors; (c) installation of knee bolsters (in vehicles that are not 
so equipped) to augment the passive restraint system. The petitioner 
states that the 1991 model 750iL is equipped with an automatic 
restraint system consisting of air bags and knee bolsters that are 
identical to those found on its U.S. certified counterpart.
    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 canister.
    Additionally, the petitioner states that the bumpers on the 1991 
model 750iL must be reinforced 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: 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: June 22, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-15723 Filed 6-28-94; 8:45 am]
BILLING CODE 4910-59-M