Receipt of Petition for Decision That Nonconforming 1990 BMW 750iL Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 94-83; Notice 1]

Receipt of Petition for Decision That Nonconforming 1990 BMW

750iL Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1990 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 decision that a 1990

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 altered to conform to the standards.

DATE: The closing date for comments on the petition is on November 14,

1994.

ADDRESS: 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 Street 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 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(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.

Liphardt & Associates, Inc. of Ronkonkoma, New York (``Liphardt'')

(Registered Importer 90-004) has petitioned NHTSA to decide whether

1990 BMW 750iL passenger cars are eligible for importation into the

United States. The vehicle which Liphardt believes is substantially

similar is the 1990 BMW 750iL that was manufactured for importation

into and sale in, the United States and that was certified by its

manufacturer, Bayerische Motoren Werke A.G., as conforming to all

applicable Federal motor vehicle safety standards.

The petitioner claims that it carefully compared the non-U.S.

certified 1990 BMW 750iL to its U.S. certified counterpart, and found

the two vehicles to be substantially similar with respect to compliance

with most Federal motor vehicle safety standards.

Liphardt submitted information with its petition intended to

demonstrate that the non-U.S. certified 1990 BMW 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 altered to conform to those standards.

Specifically, the petition claims that the non-U.S. certified 1990

BMW 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, 105 Hydraulic Brake Systems, 106 Brake Hoses, 107

Reflecting Surfaces, 109 New Pneumatic Tires, 111 Rearview Mirror, 113

Hood Latch Systems, 116 Brake Fluid, 118 Power Window Systems, 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 Hubcaps, 212

Windshield Retention, 216 Roof Crush Resistance, 219 Windshield Zone

Intrusion, 301 Fuel System Integrity, and 302 Flammability of Interior

Materials.

Petitioner also contends that the vehicle is capable of being

readily altered 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) replacement of the speedometer/odometer with one

calibrated in miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamp assemblies which

incorporate sealed beam headlamps; (b) installation of U.S.-model

sidemarker lamps; (c) installation of a high mounted stop lamp.

Standard No. 110 Tire Selection and Rims: Installation of a tire

information placard.

Standard No. 114 Theft Protection: Installation of a warning buzzer

in the steering lock assembly.

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. 208 Occupant Crash Protection: (a) installation of a

seat belt warning buzzer; (b) installation of knee bolsters to augment

the vehicle's air bag based passive restraint system, which otherwise

conforms to the standard.

Standard No. 214 Side Door Strength: installation of reinforcing

beams.

Additionally, the petitioner states that the bumpers on the non-

U.S. certified 1990 BMW 750iL must be fitted with U.S. model impact

absorbers 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: 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: October 5, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 94-25165 Filed 10-11-94; 8:45 am]

BILLING CODE 4910-59-M