Notice of Receipt of Petition for Decision That Nonconforming 1992 and 1994-1997 BMW 750iL Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 97-053; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1992 and 1994-1997 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

1992 and 1994-1997 BMW 750iL passenger cars are eligible for

importation.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway

Traffic Safety Administration (NHTSA) of a petition for a decision that

1992 and 1994-1997 BMW 750iL 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 September 15,

1997.

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 a.m. to 4 p.m.)

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,

[[Page 43772]]

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.

Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'')

(Registered Importer 90-009) has petitioned NHTSA to decide whether

1992 and 1994-1997 BMW 750iL passenger cars are eligible for

importation into the United States. The vehicles which Champagne

believes are substantially similar are the 1992 and 1994-1997 BMW 750iL

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

1992 and 1994-1997 BMW 750iL passenger cars to their U.S. certified

counterparts, and found the vehicles to be substantially similar with

respect to compliance with most Federal motor vehicle safety standards.

Champagne submitted information with its petition intended to

demonstrate that non-U.S. certified 1992 and 1994-1997 BMW 750iL

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 1992

and 1994-1997 BMW 750iL 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,

and 302 Flammability of Interior Materials.

Additionally, the petitioner states that non-U.S. certified 1992

and 1994-1997 BMW 750iL passenger cars comply with the Bumper Standard

found in 49 CFR part 581.

Petitioner also contends that non-U.S. certified 1992 and 1994-1997

BMW 750iL 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 a noncomplying symbol on the brake

failure indicator lamp; (b) installation of a seat belt warning lamp

that displays the appropriate; (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 headlamp assemblies; (b)

installation of U.S.--model front and rear sidemarker/reflector

assemblies; (c) installation of U.S.--model taillamp assemblies; (d)

installation of a center 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.

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: 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

U.S.--model seat belt in the driver's position, or a belt webbing

actuated microswitch inside the driver's seat belt retractor; (b)

installation of an ignition switch actuated seat belt warning lamp and

buzzer; (c) replacement of the driver's and passenger's side air bags

and knee bolsters if they are not U.S.--model components. The

petitioner states that the vehicles are equipped with a combination lap

and shoulder restraint that adjusts by means of an automatic retractor

and releases by means of a single push button in each front designated

seating position, with a combination lap and shoulder restraint that

releases by means of a single push button in each rear outboard

designated seating position, and with a lap belt in the rear center

designated seating position.

Standard No. 214 Side Impact Protection: 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.

The petitioner also states that a vehicle identification number

plate that meets the requirements of 49 CFR part 565 will be affixed to

non-U.S. certified 1992, and 1994-1997 BMW 750iL passenger cars.

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: August 11, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97-21606 Filed 8-14-97; 8:45 am]

BILLING CODE 4910-59-P