Notice of Receipt of Petition for Decision That Nonconforming 1992 BMW 520i 4-Door Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-005; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1992 BMW 520i 4-Door Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that noncomforming

1992 BMW 520i 4-Door 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 1992

BMW 520i 4-Door passenger car 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

[[Page 11166]] 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.

DATES: The closing date for comments on the petition is March 31, 1995.

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 am to 4 pm]

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.

G&K Automotive Conversion, Inc. of Santa Ana, California (``G&K'')

(Registered Importer 90-007) has petitioned NHTSA to decide whether

1992 BMW 520i 4-Door passenger cars are eligible for importation into

the United States. The vehicle which G&K believes is substantially

similar is the 1992 BMW 525i 4-Door that 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 claims that it carefully compared the non-U.S.

certified 1992 BMW 520i 4-Door 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.

G&K submitted information with its petition intended to demonstrate

that the 1992 BMW 520i 4-Door, 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 petitioner claims that the 1992 BMW 520i 4-Door

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, 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 Hubcaps, 212 Windshield Retention, 216 Roof Crush Resistance,

and 219 Windshield Zone Intrusion.

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) placement of a seat belt symbol on the seat belt

warning lamp; (c) recalibration of the speedometer/odometer from

kilometers to miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) Installation of U.S.-model 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 Mirror: Replacement of the convex

passenger side rearview mirror with a U.S.-model component.

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

microswitch and 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. 118 Power 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 a

seat belt warning buzzer; (b) installation of a knee bolster 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.

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 collection canister.

Standard No. 302 Flammability of Interior Materials: Treatment of

cloth interior materials with a fire retardant spray.

Additionally, the petitioner states that the bumpers on the 1992

BMW 520i 4-Door must be reinforced to comply with the Bumper Standard

found in 49 CFR Part 581.

The petitioner further states that before the vehicle can be

entered into the United States, its VIN must be inscribed on fourteen

specified parts and a theft prevention certification label must be

installed for the vehicle to comply with the Theft Prevention Standard

found in 49 CFR part 541.

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 [[Page 11167]] 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: February 23, 1995.

William A. Boehly,

Associate Administrator for Enforcement.

[FR Doc. 95-4986 Filed 2-28-95; 8:45 am]

BILLING CODE 4910-59-M