[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67982-67983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32592]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4801]


Notice of Receipt of Petition for Decision That Nonconforming 
1990-1991 BMW 320I Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1990-1991 BMW 320I 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 1990-
1991 BMW 320I 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 January 8, 
1999.

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 9 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 
1990-1991 BMW 320I passenger cars are eligible for importation into the 
United States. The vehicles which Champagne believes are substantially 
similar are 1990-1991 BMW 325IS 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 the 1990-1991 BMW 
320I passenger cars to the 1990-1991 BMW 325IS, 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 the 1990-1991 BMW 320I, as originally manufactured, 
conforms to many Federal motor vehicle safety standards in the same 
manner as the 1990-1991 BMW 325IS, or is capable of being readily 
altered to conform to those standards.
    Specifically, the petitioner claims that the 1990-1991 BMW 320I is 
identical to the 1990-1991 BMW 325IS with respect to compliance with 
Standard 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 the non-U.S. certified 
1990-1991 BMW 320I 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 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; (d) installation of a high-mounted stop 
lamp if the vehicle is not already 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

[[Page 67983]]

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) 
installation of an ignition switch-actuated seat belt warning lamp and 
buzzer; (c) replacement of the driver's side air bag and knee bolster 
with U.S.-model components if the vehicle is not already so equipped. 
The petitioner states that the vehicle is equipped with combination lap 
and shoulder restraints that adjust by means of an automatic retractor 
and release by means of a single push button at both front designated 
seating positions, and with combination lap and shoulder restraints 
that release by means of a single push button at both rear outboard 
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 vehicle to meet the requirements of 49 CFR 
Part 565.
    Additionally, the petitioner states that non-U.S. certified 1990-
1991 BMW 320I passenger cars will be marked prior to importation to 
comply with the Theft Prevention Standard found in 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 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: December 2, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-32592 Filed 12-8-98; 8:45 am]
BILLING CODE 4910-59-P