Decision that Nonconforming 1991 BMW 735IL Passenger Cars are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-94; Notice 2]

Decision that Nonconforming 1991 BMW 735IL Passenger Cars are

Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 1991 BMW 735IL

passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1991 BMW

735IL 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

1991 BMW 735IL), and they are capable of being readily altered to

conform to the standards.

EFFECTIVE DATE: March 6, 1996.

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) (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. 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.

Champagne Imports, Inc. of Landsale, Pennsylvania (Registered

Importer R-90-009) petitioned NHTSA to decide whether 1991 BMW 735IL

passenger cars are eligible for importation into the United States.

NHTSA published notice of the petition on December 11, 1995 (60 FR

63568) 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-146 is the vehicle eligibility number assigned to vehicles

admissible under this decision.

Final Decision

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

that a 1991 BMW 735IL not originally manufactured to comply with all

applicable Federal motor vehicle safety standards is substantially

similar to a 1991 BMW 735IL 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: February 29, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-5128 Filed 3-5-96; 8:45 am]

BILLING CODE 4910-59-M