[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Notices]
[Pages 16147-16149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8145]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-11881]


Notice of Receipt of Petition for Decision That Nonconforming 
1999 and 2001 BMW 3 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 and 2001 BMW 3 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 and 2001 BMW 3 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 6, 2002.

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.

[[Page 16148]]

    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, L.L.C. of Baltimore, Maryland (``J.K.'') 
(Registered Importer 90-006) has petitioned NHTSA to decide whether 
1999 and 2001 BMW 3 Series passenger cars are eligible for importation 
into the United States. The vehicles which J.K. believes are 
substantially similar are 1999 and 2001 BMW 3 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 
1999 and 2001 BMW 3 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 and 2001 BMW 3 Series 
passenger cars, as originally manufactured for sale in Europe, 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 
and 2001 BMW 3 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, 
135 Passenger Car Brake 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, 301 Fuel System Integrity, 
and 302 Flammability of Interior Materials.
    With regard to compliance with the Bumper Standard found in 49 CFR 
part 581, the petitioner claims that the vehicles are equipped with 
bumpers and support structures identical to those used on U.S. 
certified models.
    The 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) Inscription of the word 
``brake'' on the dash in place of the international ECE warning symbol; 
(b) replacement of the speedometer with a unit reading in miles per 
hour; (c) where necessary, replacement of the instrument cluster with a 
U.S.-model component, and reprogramming of the replacement unit to 
operate all necessary safety systems, such as chimes and warnings.
    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 
that incorporate rear sidemarker lamps, (c) installation of a U.S.-
model high mounted stop lamp. The petitioner states that often only 
headlights and taillights need replacement for the vehicles to conform 
to the standard.
    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, or inscription of the 
required warning statement on that mirror.
    Standard No. 114 Theft Protection: Reprogramming of the vehicle to 
actuate the appropriate safety systems during conversion of the dash.
    Standard No. 118 Power Window Systems: Alteration of the power 
window system to operate the required defeat device during 
reprogramming of the lights and dash. The petition states that most 
vehicles have the required defeat devices as standard equipment.
    Standard No. 208 Occupant Crash Protection: (a) Petitioner states 
that the vehicles are equipped with a seat belt warning lamp that is 
identical to the component installed on U.S.-certified models, but that 
the audible warning buzzer must be programmed to meet the standard.; 
(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. Petitioner states that 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.
    Standard No. 214 Side Impact Protection: Inspection of all vehicles 
and installation of door bar on those not already so equipped. The 
petitioner states that the vehicles are equipped with side impact air 
bags and control systems that are identical to those installed on U.S.-
certified models.
    The petitioner states that all vehicles will be inspected for 
compliance with the parts marking requirements of the Theft Prevention 
Standard at 49 CFR part 541, and will be marked as necessary.
    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: April 1, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-8145 Filed 4-3-02; 8:45 am]
BILLING CODE 4910-59-P