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

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