Notice of Receipt of Petition for Decision That Nonconforming 1992 Through 1996 BMW 325i Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

[Docket No. 96-131; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1992 Through 1996 BMW 325i Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1992 through 1996 BMW 325i 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 1992

through 1996 BMW 325i 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 February 7,

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 am to 4 pm]

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle

[[Page 1146]]

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

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. Sec. 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.

Wallace Environmental Testing Laboratories, Inc. of Houston, Texas

(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to

decide whether 1992 through 1996 BMW 325i passenger cars are eligible

for importation into the United States. The vehicles which Wallace

believes are substantially similar are 1992 through 1996 BMW 325i

passenger cars that were 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 non-U.S. certified

1992 through 1996 BMW 325i 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.

Wallace submitted information with its petition intended to

demonstrate that non-U.S. certified 1992 through 1996 BMW 325i

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

through 1996 BMW 325i 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, 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, 214 Side Impact Protection, 216 Roof Crush

Resistance, 219 Windshield Zone Intrusion, and 302 Flammability of

Interior Materials.

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

through 1996 BMW 325i passenger cars comply with the Bumper Standard

found in 49 CFR Part 581.

Petitioner also contends that the vehicles 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) recalibration of the speedometer/odometer from

kilometers to miles per hour.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) replacement of the headlight assemblies; (b) replacement

of the turn signal lens assemblies; (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: inscription of the required

warning statement on the passenger side rearview mirror.

Standard No. 114 Theft Protection: installation of a warning device

to be activated if the key is left in the steering lock and the

driver's side door is opened.

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 system; (b) installation of a U.S.-model driver's

side air bag and knee bolster; (c) installation of a U.S.-model

passenger's side air bag on model years for which this component was

included as standard equipment on the U.S. certified counterpart. The

petitioner states that the vehicles are equipped with Type 2 seat belts

in all four outboard designated seating positions, and with a Type 1

seat belt in the rear center seating position.

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.

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

through 1996 BMW 325i passenger cars must be marked to comply with the

Theft Prevention Standard at 49 CFR Part 541.

The petitioner also states that a VIN plate will be installed on

the vehicles so that it can be read from outside the left windshield

pillar, and a VIN reference label will be installed on the edge of the

door or latch post nearest the driver, in compliance with the

requirements of 49 CFR Part 565.

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: January 3, 1997.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 97-423 Filed 1-7-97; 8:45 am]

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