[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Notices]
[Pages 17041-17042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8984]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3674]
Notice of Receipt of Petition for Decision that Nonconforming
1995-1997 BMW 5 Series Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1995-1997 BMW 5 Series 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 1995-
1997 BMW 5 Series 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 May 7, 1998.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Management, Room PL-401, 400
Seventh St., SW, Washington, DC 20590. [Docket hours are from 10 a.m.
to 5 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, 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.
J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer
90-006) has petitioned NHTSA to decide whether 1995-1997 BMW 5 Series
passenger cars are eligible for importation into the United States. The
vehicles which J.K. believes are substantially similar are 1995-1997
BMW 5 Series passenger cars that were manufactured for importation
into, and sale in, the United States and certified by their
manufacturer, Bayerische Motoren Werk, A.G., as conforming to all
applicable Federal motor vehicle safety standards.
The petitioner claims that it carefully compared non-U.S. certified
1995-1997 BMW 5 Series 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.
J.K. submitted information with its petition intended to
demonstrate that non-U.S. certified 1995-1997 BMW 5 Series 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 1995-
1997 BMW 5 Series passenger cars are identical to their U.S. certified
counterparts 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, 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,
301 Fuel System Integrity, and 302 Flammability of Interior Materials.
The petitioner states that non-U.S. certified 1995-1997 BMW 5
Series 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: replacement of the single
unit modular instrument cluster with a U.S.-model component that
incorporates a different speedometer and all required markings.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) installation of U.S.-model headlamps and front
sidemarker lights; (b) installation of U.S.-model taillamp assemblies
which incorporate rear sidemarker lights; (c) installation of U.S.-
model high mounted stop light on all models that are not so equipped.
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 with a U.S.-model component or inscription of the
required warning statement on models equipped with equivalent mirrors.
Standard No. 114 Theft Protection: installation of a warning buzzer
microswitch in the steering lock assembly and a warning buzzer.
Standard No. 118 Power Window Systems: installation of a relay in
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 buzzer, wired to the seat belt latch; (b)
installation of U.S.-model driver's and passenger's side air bags, knee
bolsters, control units, sensors, and seat belts on models that are not
so equipped. The petitioner states that the vehicles are equipped with
combination lap and shoulder belts at all front and rear outboard
seating positions that are self tensioning and released by means of a
single red push button.
[[Page 17042]]
Standard No. 214 Side Impact Protection: installation of door bars
on models that are not so equipped. The petitioner claims that the
vehicles have been tested for compliance with the dynamic performance
requirements of the standard.
The petitioner also states that a vehicle identification number
plate must be affixed to the vehicle to meet the requirements of 49 CFR
Part 565.
Additionally, the petitioner states that all vehicles will be
inspected prior to importation to ensure that they meet the parts
marking requirements of the Theft Prevention Standard at 49 CFR Part
541.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Docket Management, Room PL-401, 400 Seventh St., 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: April 1, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-8984 Filed 4-6-98; 8:45 am]
BILLING CODE 4910-59-P