[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Notices]
[Pages 19580-19581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9947]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5531]


Notice of Receipt of Petition for Decision That Nonconforming 
1990-1991 and 1993-1994 BMW 7 Series 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 and 1993-1994 BMW 7 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 1990-
1991 and 1993-1994 BMW 7 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 21, 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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to 
decide whether 1990-1991 and 1993-1994 BMW 7 Series passenger cars are 
eligible for importation into the United States. The vehicles which 
Wallace believes are substantially similar are 1990-1991 and 1993-1994 
BMW 7 Series 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 
1990-1991 and 1993-1994 BMW 7 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.
    Champagne submitted information with its petition intended to 
demonstrate that non-U.S. certified 1990-1991 and 1993-1994 BMW 7 
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 1990-
1991 and 1993-1994 BMW 7 Series passenger cars are identical to their 
U.S.-certified counterparts 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, 203 
Impact Protection for the Driver from the Steering Control System, 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, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, and 302 Flammability of Interior Materials.
    Additionally, the petitioner states that non-U.S. certified 1990-
1991 and 1993-1994 BMW 7 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: (a) substitution of a lens 
marked ``Brake'' for a lens with a noncomplying symbol on the brake 
failure indicator lamp; (b) replacement of the speedometer/odometer 
with U.S.-model components.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamp assemblies; (b) 
installation of U.S.-model front and rear sidemarker/reflector 
assemblies; (c) 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: inscription of the required 
warning statement on the passenger side rearview mirror.
    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) replacement of the 
driver's seat belt latch and installation of a seat belt warning 
system; (b) replacement of the driver's side air bag and knee bolster 
on 1990-1993 models, and the driver's and passenger's side air bags and 
knee bolsters on 1994 models, with U.S.-model components if the vehicle 
is not already so equipped. The petitioner states that the vehicles are 
equipped with Type II seat belts in both front and rear outboard 
designated seating positions, and with a lap belt in the rear center 
designated seating position.
    Standard No. 301 Fuel System Integrity: installation of a rollover 
valve in the fuel tank vent line between the

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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 and 1993-1994 BMW 7 Series passenger cars will be inspected prior 
to importation to ensure that they are equipped to comply with the 
Theft Prevention Standard found in 49 CFR Part 541.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
NHTSA has previously decided that a number of individual models within 
the 1990-1991 and 1993-1994 BMW 7 Series are eligible for importation 
and has assigned separate eligibility numbers to each of these models. 
If the agency ultimately decides to grant this petition, these 
eligibility numbers will be replaced by a single eligibility number 
that applies to all 1990-1991 and 1993-1994 BMW 7 Series passenger 
cars.
    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 14, 1999.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 99-9947 Filed 4-20-99; 8:45 am]
BILLING CODE 4910-59-P