[Federal Register Volume 68, Number 110 (Monday, June 9, 2003)]
[Notices]
[Pages 34477-34478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14437]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-15353]


Notice of Receipt of Petition for Decision That Nonconforming 
2002 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 
2002 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 
2002 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 July 9, 2003.

[[Page 34478]]


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]. Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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 LLC of Baltimore, Maryland (``J.K.'') (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2002 BMW Z8 passenger cars are eligible for importation into the United 
States. The vehicles which J.K. believes are substantially similar are 
2002 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 
2002 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 2002 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 2002 
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, 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, 214 Side Impact Protection, 216 Roof Crush Resistance, 219 
Windshield Zone Intrusion, 301 Fuel System Integrity, and 302 
Flammability of Interior Materials.
    Additionally, the petitioner states that non-U.S. certified 2002 
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) replacement of the 
speedometer and tachometer with U.S.-model components; (b) 
reprogramming the dash to add all required warning and theft protection 
functions.
    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 rear sidemarker 
lights.
    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 the mirror's face.
    Standard No. 114 Theft Protection: reprogramming the vehicle to 
actuate the ignition key and safety belt warning systems.
    Standard No. 118 Power Window Systems: reprogramming the vehicle so 
that the window transport is inoperative when the ignition is switched 
off.
    Standard No. 208 Occupant Crash Protection:
    (a) reprogramming the dash to add the required seat belt warning 
functions; (b) replacement of the passenger's seat belt with a U.S.-
model component. The petitioner states that the vehicle is equipped 
with a U.S.-model driver's seat belt and with U.S.-model air bags, 
control units, and related interior parts.
    The petitioner 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 a.m. to 5 p.m.]. 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: June 4, 2003.
Kathleen DeMeter,
Acting Associate Administrator for Enforcement.
[FR Doc. 03-14437 Filed 6-6-03; 8:45 am]
BILLING CODE 4910-59-P