Interpretation ID: nht81-3.48
DATE: 12/08/81
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Automotive Research and Certification Inc.
TITLE: FMVSR INTERPRETATION
TEXT: This is in reply to your letter of October 19, 1981, requesting permission to import five different German specification 1982 BMW automobiles under the provisions of 19 CFR 12.80(b)(1)(vii).
You wish to import the cars to develop an emission control system which can be added to non-certified imported automobiles to enable them to pass Federal emission tests. The system will be "quite similar" to the system presently used on two U.S. certified BMW models. A secondary purpose is to develop bumper modifications meeting U.S. requirements. At the completion of the one-year test program you intend to bring the vehicles into conformity with the U.S. requirements.
In effect, the purpose of your testing is to encourage the eventual importation of motor vehicles that were not originally manufactured to meet Federal safety, bumper, and emission requirements. As this purpose is inconsistent with the emission of this agency, your request is denied. Given your intent to conform the vehicles in a year's time, we suggest that you import them under bond pursuant to 19 CFR 12.80(b)(1)(iii) and complete the necessary safety modifications before conducting your test program.
SINCERELY,
AUTOMOTIVE RESEARCH AND CERTIFICATION, INC.
October 19, 1981
Frank Berndt Office of Chief Counsel National Highway Traffic Safety Administration
Dear Mr. Berndt:
It is hereby requested that permission be granted for the importation of five motor vehicles, as provided for by 19 CFR Part 12.80 (b)(1)(vii). These five vehicles will be used solely for the purpose of research, development, and testing. The five motor vehicles for which permission is requested are listed below:
1. BMW 323i (1982), Bayerische Motoren Werke, AG, Munich, West Germany.
2. BMW 528i (1982), Bayerische Motoren Werke, AG, Munich, West Germany.
3. BMW 635i (1982), Bayerische Motoren Werke, AG, Munich, West Germany.
4. BMW 745i (1982), Bayerische Motoren Werke, AG, Munich, West Germany.
5. BMW M1 (1982), BMW Motorsport, GmbH, Munich, West Germany.
The information required by 19 CFR Part 12.80 (c)(3) is enclosed. If any additional information is required, please contact me.
Robert P. McEvoy President
ENC.
REQUEST FOR PERMISSION TO IMPORT NON-CERTIFIED MOTOR VEHICLES
There are, at present, several companies located throughout the United States engaged in the business of modifying non-certified imported automobiles to comply with EPA and NHTSA regulations. These companies do an acceptable job in that they enable the vehicles to pass the Federal emissions test and to conform to all applicable safety standards. However, the emissions related modifications generally decrease the vehicle's performance as well as decreasing the fuel economy. In addition, little consideration is given to the durability of the added emissions control systems.
The primary purpose of this research and development program is to develop an emissions control system, based on the Bosch Lambda closed-loop control system, which can be added to non-certified imported automobiles to enable them to pass the Federal Certification Test (40 CFR part 86). This system, when added to the vehicle, should result in little or no decrease in the vehicle's performance or fuel economy. Since there are no ill effects, there is no reason for the vehicle owner to tamper with the system or render it inoperative, as often happens with systems based on air injection or exhaust gas recirculation. It is felt that this system will be far superior to those currently being added to non-certified automobiles and will better meet the objectives of the Clean Air Act.
The proposed emission control system will be quite similar to the Bosch Lambda closed-loop control system presently being used on the U.S. certified BWM 320i and 528i models. It consists of the following major components.
1. An exhaust gas oxygen sensor to sense changes in the engine air-fuel ratio.
2. A valve to control the pressure (and therefore the volume) of the fuel injected.
3. An electronic control unit to operate the fuel valve based on input from the oxygen sensor.
4. A three-way catalytic converter.
5. An evaporative emission control system.
The research and development program will consist of the following steps:
1. Initial road and laboratory testing of the vehicles, as received, to obtain baseline measurements of emissions, fuel economy, and driveability.
2. Modification of vehicles to use unleaded fuel only.
3. Installation of evaporative emission control systems.
4. Modification of engine components as necessary to accept Bosch Lambda system components.
5. Modification and recalibration of Bosch Lambda and fuel injection components to deliver the desired fuel flow.
6. Selection and installation of three-way catalytic converters.
7. Road and laboratory testing of the vehicles to measure emissions, fuel economy, and driveability.
8. Additional road and laboratory testing to determine system durability.
It is estimated that this research and development program will have a duration of approximately one year.
It is necessary to import and test the five different vehicles previously listed due to the number of different engines available. All of the engines are in-line six cylinder designs, but they have widely differing displacements and power outputs. There are three different fuel injection systems (Bosch K-Jetronic, Bosch L-Jetronic, and Kugelfischer-Bosch mechanical), significantly different cylinder head and combustion chamber designs, and one model (the 745i) is turbocharged and available only with an automatic transmission. All of these factors have a significant effect on emission levels, and an emission control system developed for one model will not necessarily be optimum for another. Therefore, it is felt that all five of these models must be tested individually.
A secondary purpose of the research and development program is to develop a modification to the European style bumpers of the previously listed vehicles to enable them to conform to the requirements of 49 CFR Part 581. Firms engaged in the business of modifying imported vehicles to conform to the requirements of 49 CFR Part 581 generally exchange the European style bumper for U.S. style bumpers with the appropriate shock absorbing units. The disadvantages of this exchange are that a substantial amount of weight is added to the vehicle (thereby decreasing fuel economy) and the esthetic appearance of the vehicle is diminished.
It is felt that the European style bumpers can be modified to conform to the requirements of 49 CFR Part 581 by the addition of a support structure behind the bumper to give it added stiffness and by the addition of shock absorbing units. Although this would add some weight, it would not be nearly as much as that due to the U.S. style bumpers. In addition, the esthetic appearance of the vehicle would remain unchanged.
This bumper development program is particularly important in view of the possibility of a relaxation of the Bumper Standard (46 FR 34100, June 30, 1981). Any relaxation would make the use and modification of the European style bumpers even more feasible.
It is estimated that this research and development program will have a duration of approximately one year.
All five of the test vehicles will be owned by Automotive Research and Certification, Inc., and will be under the direct control of the Corporation. The test vehicles will be kept at, and development work carried out at facilities owned or leased by Automotive Research and Certification, Inc. The EPA and the NHTSA will be advised of the location of these facilities. Laboratory emissions testing will be carried out in an EPA approved testing laboratory. All test results will be recorded in keeping with proper engineering practice, and will be made available to the EPA and the NHTSA at any time and with any frequency desired by the EPA and the NHTSA. The vehicle identification numbers will be recorded and will be submitted to the EPA and the NHTSA upon receipt of the test vehicles.
It is intended that upon completion of the testing program, the test vehicles will be used to obtain Federal certification for the five models in accordance with 40 CFR Part 86. In addition, the test vehicles will be brought into conformity with all applicable safety standards (49 CFR Parts 571, 580, and 581). When all Federal requirements have been met, and approval has been given by the EPA and the NHTSA, the vehicles will be sold.