[Federal Register Volume 68, Number 217 (Monday, November 10, 2003)]
[Notices]
[Pages 63843-63844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28142]



[[Page 63843]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16450]


Notice of Receipt of Petition for Decision That Nonconforming 
2000-2002 BMW 5 Series Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2000-2002 BMW 5 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 
2000-2002 BMW 5 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 December 10, 
2003.

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.].
    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.
    Automobile Concepts, Inc. of North Miami, Florida (``AMC'') 
(Registered Importer 01-278) has petitioned NHTSA to decide whether 
2000-2002 BMW 5 Series passenger cars are eligible for importation into 
the United States. The vehicles which AMC believes are substantially 
similar are 2000-2002 BMW 5 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 
2000-2002 BMW 5 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.
    AMC submitted information with its petition intended to demonstrate 
that non-U.S. certified 2000-2002 BMW 5 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 2000-
2002 BMW 5 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, 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, 219 Windshield Zone Intrusion, and 302 Flammability of 
Interior Materials.
    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 to read in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamps which incorporate 
front sidemarker lights; (b) installation of U.S.-model tail lamp 
assemblies which incorporate rear sidemarker lights; (d) 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, or inscription of the 
required warning statement on the mirror's face.
    Standard No. 114 Theft Protection: Activation of the warning 
buzzer.
    Standard No. 118 Power Window Systems: Reprogramming of the power 
window system so that the windows will not operate with the ignition 
switched off.
    Standard No. 208 Occupant Crash Protection: (a) Activation of the 
seat belt warning buzzer by reprogramming the unit; (b) inspection of 
all vehicles and replacement of the driver's and passenger's air bags, 
head air bags, 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 vehicles should be 
equipped in the front and rear outboard seating positions with 
combination lap and shoulder belts that are self-tensioning and that 
release by means of a single red pushbutton. Petitioner further states 
that the vehicles are equipped with a seat belt warning lamp that is 
identical to the lamp installed on U.S.-certified models.
    Standard No. 214 Side Impact Protection: Inspection of all vehicles 
to ensure that they are equipped with door bars in the front and rear 
doors identical

[[Page 63844]]

to those in U.S. certified models and installation of those components 
on vehicles that are not already so equipped.
    Standard No. 301 Fuel System Integrity: Petitioner states that the 
vehicles will comply with this standard once a U.S.-model expansion 
tank, active carbon container pipe, vent pipe, carbon canister, and 
leak diagnostic pump is installed to complete the vehicles' ORVR 
system.
    In addition, the petitioner claims that front and rear bumper 
reinforcements and shocks must be added to the vehicles to comply with 
the Bumper Standard found in 49 CFR part 581.
    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 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: November 4, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-28142 Filed 11-7-03; 8:45 am]
BILLING CODE 4910-59-P