[Federal Register Volume 59, Number 211 (Wednesday, November 2, 1994)] [Notices] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-27147] [[Page Unknown]] [Federal Register: November 2, 1994] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. 94-85; Notice 1] Receipt of Petition for Decision That Nonconforming 1993 BMW 840Ci Passenger Cars Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 1993 BMW 840Ci passenger cars are eligible for importation. ----------------------------------------------------------------------- SUMMARY: This notice announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that a 1993 BMW 840Ci 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 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 December 2, 1994. 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. Champagne Imports, Inc. of Lansdale, Pennsylvania (Registered Importer No. R-90-009) has petitioned NHTSA to decide whether 1993 BMW 840Ci passenger cars are eligible for importation into the United States. The vehicle which Champagne believes is substantially similar is the 1993 BMW 850Ci. Champagne has submitted information indicating that Bayerische-Motoren Werke A.G., the company that manufactured the 1993 BMW 850Ci, certified that vehicle as conforming to all applicable Federal motor vehicle safety standards and offered it for sale in the United States. The petitioner contends that it carefully compared the 840Ci to the 850Ci, and found the two models to be substantially similar with respect to compliance with most applicable Federal motor vehicle safety standards. Champagne submitted information with its petition intended to demonstrate that the 1993 model 840Ci, as originally manufactured, conforms to many Federal motor vehicle safety standards in the same manner as the 1993 model 850Ci that was offered for sale in the United States, or is capable of being readily altered to conform to those standards. Specifically, the petitioner claims that the 1993 model 840Ci is identical to the certified 1993 model 850Ci 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, 112 Headlamp Concealment Devices, 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 Windsheld Retention, 214 Side Door Strength, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, and 302 Flammability of Interior Materials. Additionally, the petitioner states that the 1993 BMW 840Ci complies with the Bumper Standard found in 49 CFR Part 581. 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) installation of a 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 headlamp assemblies which incorporate sealed beam headlamps; (b) installation of U.S.-model front and rear sidemarker/reflector assemblies; (c) installation of U.S.- model taillamp assemblies; (d) installation of a high mounted stop lamp. Standard No. 110 Tire Selection and Rims: Installation of a tire information placard. Standard No. 111 Rearview Mirrors: Replacement of the passenger side rear view mirror, which is convex, but lacks the required warning statement. Standard No. 114 Theft Protection: Installation of a buzzer microswitch in the steering lock assembly, and a warning buzzer. 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 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) installation of factory-supplied driver's and passenger's side knee bolsters to augment the vehicle's passive restraint system. The petitioner states that the remaining components of the vehicle's passive restraint system, consisting of driver's and passenger's side air bags, control unit, and impact sensor, have part numbers identical to those found on the U.S. certified 1993 model 850Ci. 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. 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 24, 1994. William A. Boehly, Associate Administrator for Enforcement. [FR Doc. 94-27147 Filed 11-1-94; 8:45 am] BILLING CODE 4910-59-M