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

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]

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