Notice of Receipt of Petition for Decision That Nonconforming 1990-1995 BMW 5 Series Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 96-112; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1990-1995 BMW 5 Series Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1990-1995 BMW 5 Series 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 1990-

1995 BMW 5 Series passenger cars that were not originally manufactured

to comply with all applicable Federal motor vehicle safety standards

are eligible for importation into the United States because (1) they

are substantially similar to vehicles that were originally manufactured

for importation into and sale in the United States and that were

certified by their manufacturer as complying with the safety standards,

and (2) they are capable of being readily altered to conform to the

standards.

DATES: The closing date for comments on the petition is December 5,

1996.

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: George Entwistle, Office of Vehicle

Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A), 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, 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.

J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer

90-006) has petitioned NHTSA to decide whether 1990-1995 BMW 5 Series

passenger cars are eligible for importation into the United States. The

vehicles which J.K. believes are substantially similar are the 1990-

1995 BMW 5 Series passenger cars that were manufactured for importation

into, and sale in, the United States and certified by their

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

applicable Federal motor vehicle safety standards.

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

1990-1995 BMW 5 Series passenger cars to their U.S. certified

counterpart, and found the vehicles to be substantially similar with

respect to compliance with most Federal motor vehicle safety standards.

J.K. submitted information with its petition intended to

demonstrate that non-U.S. certified 1990-1995 BMW 5 Series passenger

cars, as originally manufactured, conform to many Federal motor vehicle

safety standards in the same manner as their U.S. certified

counterparts, or are capable of being readily altered to conform to

those standards.

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

1995 BMW 5 Series passenger cars are identical to their U.S. certified

counterparts with respect to compliance with Standard Nos. 102

Transmission Shift Lever Sequence. . . ., 103 Defrosting and Defogging

Systems, 104 Windshield Wiping and Washing Systems, 105 Hydraulic Brake

Systems, 106 Brake Hoses, 109 New Pneumatic Tires, 113 Hood Latch

Systems, 116 Brake Fluid, 124 Accelerator Control Systems, 201 Occupant

Protection in Interior Impact, 202 Head Restraints, 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, 212 Windshield

Retention, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion,

301 Fuel System Integrity, and 302 Flammability of Interior Materials.

Additionally, the petitioner states that non-U.S. certified 1990-

1995 BMW 5 Series passenger cars are equipped with the same bumpers and

bumper support structure as found on the vehicles' U.S. certified

counterparts, and that the vehicles therefore comply with the Bumper

Standard found in 49 CFR Part 581. The petitioner noted, however, that

on some models the bumper strips must be changed to accommodate marker

lights and that these components may be purchased from BMW.

Petitioner also contends that non-U.S. certified 1990-1995 BMW 5

Series passenger cars are 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 to one

calibrated in miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamps and front

sidemarker lights; (b) installation of U.S.-model taillamp assemblies

which incorporate rear sidemarker lights; (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 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. 118 Power Window Systems: installation of a relay in

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, wired to the seat belt latch; (b)

installation of a knee bolster to augment the automatic restraint

system. The petitioner states that the vehicles are equipped with

driver's and passenger's side air bags that are identical to those

found on the vehicles' U.S.-certified counterparts and that these

components will be inspected to ensure that they have the same part

numbers as those installed on U.S. models. The petitioner further

states that the vehicles are equipped with manual lap and shoulder

belts in the front and rear outboard seating positions

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and with a lap belt in the rear center seating position.

Standard No. 214 Side Impact Protection: Installation of door bars

on certain vehicles imported from Germany or Switzerland that may lack

these components. The petitioner states that these door bars will be

identical to those found on the vehicles' U.S.-certified counterparts,

or will be fabricated from appropriate chrome moly tubing.

The petitioner also states that as required under NHTSA regulations

on vehicle identification numbers at 49 CFR Part 565, non-U.S.

certified 1990-1995 BMW 5 Series passenger cars will have installed 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.

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, S.W., 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 30, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-28351 Filed 11-4-96; 8:45 am]

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