[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Notices]
[Pages 17042-17043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8986]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3678]


Notice of Receipt of Petition for Decision That Nonconforming 
1995-1997 BMW 3 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 3 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 3 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 am 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 3 Series 
passenger cars are eligible for importation into the United States. The 
vehicles which J.K. believes are substantially similar are 1995-1997 
BMW 3 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 3 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 3 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 3 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 3 
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

[[Page 17043]]

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.
    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. 98-8986 Filed 4-6-98; 8:45 am]
BILLING CODE 4910-59-P