Determination That Nonconforming 1991 and 1992 BMW 525i Passenger Cars Are Eligible for Importation

Topics:  BMW 525i

William A. Boehly
National Highway Traffic Safety Administration
Federal Register
August 3, 1994

[Federal Register: August 3, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-45; Notice 2]

 
Determination That Nonconforming 1991 and 1992 BMW 525i Passenger 
Cars Are Eligible for Importation

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

ACTION: Notice of determination by NHTSA that nonconforming 1991 and 
1992 BMW 525i passenger cars are eligible for importation.

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SUMMARY: This notice announces the determination by NHTSA that 1991 and 
1992 BMW 525i 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 vehicles originally manufactured for importation into and 
sale in the United States and certified by their manufacturer as 
complying with the safety standards (the U.S.-certified version of the 
1991 and 1992 BMW 525i), and they are capable of being readily modified 
to conform to the standards.

DATE: The determination is effective August 3, 1994.

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 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 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 49 U.S.C. Sec. 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 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.
    J.K. Motors, Inc. of Kingsville, Maryland (Registered Importer R-
90-006) petitioned NHTSA to determine whether 1991 and 1992 BMW 525i 
passenger cars are eligible for importation into the United States. 
NHTSA published notice of the petition on May 31, 1994 (59 FR 28129) 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 79 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby determines 
that 1991 and 1992 BMW 525i passenger cars not originally manufactured 
to comply with all applicable Federal motor vehicle safety standards 
are substantially similar to 1991 and 1992 BMW 525i passenger cars 
originally manufactured for importation into and sale in the United 
States and certified under 49 U.S.C. Sec. 30115, and are capable of 
being readily modified 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: July 29, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-18903 Filed 8-2-94; 8:45 am]
BILLING CODE 4910-59-M