[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Notices]
[Pages 28026-28027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12733]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-9631]


Notice of Receipt of Petition for Decision That Nonconforming 
1999-2001 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 
1999-2001 BMW 7 Series 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 
1999-2001 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 June 20, 2001.

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.
    J.K. Technologies of Baltimore, Maryland (``J.K.'') (Registered 
Importer 90-006) has petitioned NHTSA to decide whether 1999-2001 BMW 7 
Series passenger cars are eligible for importation into the United 
States. The vehicles which J.K. believes are substantially similar are 
1999-2001 BMW 7 Series passenger cars that were manufactured for 
importation into, and sale in, the United States and certified by their 
manufacturer as conforming to all applicable Federal motor vehicle 
safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
1999-2001 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.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 1999-2001 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 1999-
2001 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, 118 Power Window Systems, 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, 214 Side Impact Protection, 216 Roof Crush 
Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity, 
and 302 Flammability of Interior Materials, as well as 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 the 
word ``Brake'' for the international ECE warning symbol on the markings 
for the brake failure indicator lamp; (b) replacement of the 
speedometer with one calibrated in miles per hour. The petitioner 
states that the entire instrument cluster will be replaced with a U.S.-
model component.

[[Page 28027]]

    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps and front 
sidemarker lamps and (b) installation of U.S.-model taillamp assemblies 
which incorporate rear sidemarker lamps.
    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 
and a warning buzzer microswitch in the steering lock assembly.
    Standard No. 208 Occupant Crash Protection: (a) Installation of a 
seat belt warning buzzer, wired to the driver's seat belt latch; (b) 
inspection of all vehicles and replacement of the driver's and 
passenger's side air bags, knee bolsters, control units, sensors, and 
seat belts with U.S.-model components on vehicles that are not already 
so equipped. The front and rear outboard designated seating positions 
have combination lap and shoulder belts that are self-tensioning and 
that release by means of a single red pushbutton.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicles 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: May 16, 2001.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 01-12733 Filed 5-18-01; 8:45 am]
BILLING CODE 4910-59-P