Decision that Nonconforming 1990 BMW 750iL Passenger Cars are Eligible for Importation

SUMMARY: This notice announces the decision by NHTSA that 1990 BMW

750iL 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 a vehicle originally manufactured for importation into and

sale in the United States and certified by its manufacturer as

complying with the safety standards (the U.S.-certified version of the

1990 BMW 750iL), and they are capable of being readily altered to

conform to the standards.

DATES: This decision is effective January 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5406).

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 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. 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 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 [[Page 525]]

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 (Registered

Importer R-90-004) petitioned NHTSA to decide whether 1990 BMW 750iL

passenger cars are eligible for importation into the United States.

NHTSA published notice of the petition on October 12, 1994 (59 FR

51655) 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 decided to

grant the petition.

Vehicle Eligibility Number for Subject Vehicles

The importer of a vehicle admissible under any final decision must

indicate on the form HS-7 accompanying entry the appropriate vehicle

eligibility number indicating that the vehicle is eligible for entry.

VSP 91 is the vehicle eligibility number assigned to vehicles

admissible under this decision.

Final Determination

Accordingly, on the basis of the foregoing, NHTSA hereby decides

that a 1990 BMW 750iL not originally manufactured to comply with all

applicable Federal motor vehicle safety standards is substantially

similar to a 1990 BMW 750iL originally manufactured for importation

into and sale in the United States and certified under 49 U.S.C.

Sec. 30115, and is capable of being readily altered 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: December 21, 1994.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 95-106 Filed 1-3-95; 8:45 am]

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