[Federal Register Volume 67, Number 184 (Monday, September 23, 2002)]
[Notices]
[Pages 59593-59594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24125]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13333]


Notice of Receipt of Petition for Decision that Nonconforming 
1997 BMW 850 Series Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1997 BMW 850 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 
1997 BMW 850 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 October 23, 
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 a.m. 
to 5 p.m.].

FOR FURTHER INFORMATION CONTACT: Luke Loy, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5308).

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,

[[Page 59594]]

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, L.L.C. of Baltimore, Maryland (``J.K.'') 
(Registered Importer 90-006) has petitioned NHTSA to decide whether 
1997 BMW 850 Series passenger cars are eligible for importation into 
the United States. The vehicles which J.K. believes are substantially 
similar are 1997 BMW 850 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 
1997 BMW 850 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 1997 BMW 850 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 1997 
BMW 850 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, 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, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, 301 Fuel System Integrity, and 302 
Flammability of Interior Materials.
    The petitioner states that because the vehicles are equipped with a 
factory installed anti-theft system, the are exempt from the parts 
marking requirements of the Theft Prevention Standard at 49 CFR part 
541.
    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. The petitioner states that the entire instrument cluster will be 
changed to the U.S.-model component.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps and front 
sidemarker lights, (b) installation of U.S.-model taillamp assemblies 
and associated rear side marker lamps, (c) installation of a U.S.-model 
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 
rearview mirror with a U.S.-model component, or inscription of the 
required warning statement on that mirror.
    Standard No. 114 Theft Protection: Installation of a warning buzzer 
and a warning buzzer micro switch in the steering lock assembly.
    Standard No. 208 Occupant Crash Protection: (a) Inspection of all 
vehicles and installation of a seat belt warning buzzer on vehicles 
that are not already so equipped or reprogramming of the buzzer to meet 
the standard; (b) inspection of all vehicles and replacement of the 
driver's and passenger's side air bags 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.
    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: September 18, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-24125 Filed 9-20-02; 8:45 am]
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