[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Notices]
[Pages 27343-27344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13073]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3822]


Notice of Receipt of Petition for Decision That Nonconforming 
1996-1998 BMW Z3 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1996-1998 BMW Z3 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 1996-
1998 BMW Z3 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 June 17, 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 pm]

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.
    Champagne Imports of Lansdale, Pennsylvania (``Champagne'') 
(Registered Importer 90-009) has petitioned NHTSA to decide whether 
1996-1998 BMW Z3 passenger cars are eligible for importation into the 
United States. The vehicles which Champagne believes are substantially 
similar are 1996-1998 BMW Z3 passenger cars that were manufactured for 
importation into, and sale in, the United States and certified by their 
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 
1996-1998 BMW Z3 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.
    Champagne submitted information with its petition intended to 
demonstrate that non-U.S. certified 1996-1998 BMW Z3 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 1996-
1998 BMW Z3 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, 
and 302 Flammability of Interior Materials.
    Additionally, the petitioner states that non-U.S. certified 1996-
1998 BMW Z3 passenger cars comply with the Bumper Standard found in 49 
CFR Part 581 and with the Theft Prevention Standard found in 49 CFR 
Part 541.
    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 a noncomplying symbol on the brake 
failure indicator lamp; (b) installation of a seat belt warning lamp 
that displays the appropriate symbol; (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 that 
incorporate headlamps with DOT markings; (b) installation of U.S.-model 
front and rear sidemarker/reflector assemblies; (c) installation of 
U.S.-model taillamp assemblies.
    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.
    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: 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)

[[Page 27344]]

installation of an ignition switch-actuated seat belt warning lamp and 
buzzer; (c) replacement of the driver's and passenger's side air bags 
and knee bolsters with U.S.-model components if the vehicle is not so 
equipped. The petitioner states that the vehicles are equipped with 
combination lap and shoulder restraints that adjust by means of an 
automatic retractor and release by means of a single pushbutton at both 
front designated seating positions.
    Standard No. 214  Side Impact Protection: installation of 
reinforcing beams.
    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.
    The petitioner also states that a vehicle identification number 
plate must be affixed to the vehicles to meet 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, 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 12, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-13073 Filed 5-15-98; 8:45 am]
BILLING CODE 4910-59-P