[Federal Register Volume 65, Number 151 (Friday, August 4, 2000)]
[Notices]
[Pages 48046-48047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19741]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-7522]


Receipt of Petition for Decision That Nonconforming 2000-2001 BMW 
Z8 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2000-2001 BMW Z8 passenger cars are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2000-2001 BMW Z8 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 September 5, 
2000.

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. Sec. 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. Sec. 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. Technologies LLC of Baltimore, Maryland (``J.K.'') (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2000-2001 BMW Z8 passenger cars are eligible for importation into the 
United States. The vehicles which J.K. believes are substantially 
similar are 2000-2001 BMW Z8 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 
2000-2001 BMW Z8 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 2000-2001 BMW Z8 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 2000-
2001 BMW Z8 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, 114 Theft Protection, 116 Brake Fluid, 124 Accelerator Control 
Systems, 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

[[Page 48047]]

Intrusion, 301 Fuel System Integrity, and 302 Flammability of Interior 
Materials.
    Additionally, the petitioner states that non-U.S. certified 2000-
2001 BMW Z8 passenger car models 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 with one 
calibrated in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps and front 
sidemarker lamps; (b) installation of U.S.-model taillamp assemblies 
which incorporate rear sidemarker lights; (c) installation of a U.S.-
model high mounted stop lamp.
    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. 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. 201 Occupant Protection in Interior Impact: 
Replacement of components subject to standard with U.S. model 
components on vehicles that are not already so equipped.
    The agency has been advised by BMW that the U.S. and European 
versions of the Z8 are the same with respect to their interior trim and 
sheet metal structure. BMW stated, however, that testing to certify the 
2000 model year Z8 to the upper interior requirements of Standard 201 
has not been completed as of July 12, 2000, even though the company had 
informed the agency in a previous submission that the vehicle met those 
requirements. As a consequence, the 2000 model year Z8 is not currently 
certified to the upper interior impact requirements of the standard.
    Standard No. 208 Occupant Crash Protection: (a) Installation of a 
safety belt warning buzzer, wired to the driver's seat belt latch; (b) 
replacement of the driver's and passenger's side air bags, control 
units, sensors, seat belts and knee bolsters with U.S.-model components 
on vehicles that are not already so equipped. The petitioner states 
that the vehicles are equipped at the front and rear outboard seating 
positions with combination lap and shoulder belts that are self 
tensioning and capable of being released by means of a single red push-
button.
    Standard No. 214 Side Impact Protection: Installation of U.S.-model 
doorbars in vehicles that are not already so equipped.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicle near the left windshield post and a reference 
and certification label must be affixed in the area of the left front 
door post 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 Management, Room PL-401, 400 Seventh St., SW, 
Washington, DC 20590. [Docket hours are from 9 am to 5 pm]. 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: July 31, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety, Compliance.
[FR Doc. 00-19741 Filed 8-3-00; 8:45 am]
BILLING CODE 4910-59-P