[Federal Register Volume 69, Number 174 (Thursday, September 9, 2004)]
[Notices]
[Pages 54717-54718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20459]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18947]


Notice of Receipt of Petition for Decision That Nonconforming 
2003-2004 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 
2003-2004 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 
2003-2004 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 October 12, 
2004.

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 of Baltimore, Maryland (``JK'') (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2003-2004 BMW 5 series passenger cars are eligible for importation into 
the United States. The vehicles which JK believes are substantially 
similar are 2003-2004 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 
2003-2004 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.
    JK submitted information with its petition intended to demonstrate 
that non-U.S. certified 2003-2004 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 2003-
2004 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, Starter Interlock, and Transmission 
Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104 
Windshield Wiping and Washing Systems, 106 Brake Hoses, 109 New 
Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 
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 Mounting, 
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield 
Zone Intrusion, 225 Child Restraint Anchorage Systems, 301 Fuel System 
Integrity, 302 Flammability of Interior Materials, and 401 Interior 
Trunk Release.

[[Page 54718]]

    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: Installation of entire 
U.S.-model instrument cluster. U.S. version software must also be 
downloaded to ensure compliant operation of the U.S.-model instrument 
cluster.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Inspection of all vehicles and replacement of the following 
non U.S.-model components with U.S.-model components on vehicles not 
already so equipped: (a) Headlamp assemblies that incorporate front 
side marker lamps; (b) taillamp assemblies that incorporate rear side 
marker lamps; (c) high-mounted rear stoplamp.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Installation of U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of the mirror.
    Standard No. 114 Theft Protection: Installation of U.S. version 
software to ensure that the vehicle conforms to the standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Installation of U.S. version software to ensure that the 
vehicle conforms to the standard.
    Standard No. 208 Occupant Crash Protection: Installation of a 
warning buzzer which is wired to the seat belt latch to ensure that the 
seat belt warning system activates in the proper manner.
    The petitioner states that the automatic restraint system installed 
in these vehicles consists of dual front airbags, and that the vehicles 
have combination lap and shoulder belts at the front and rear outboard 
seating positions. These manual systems are automatic, self-tensioning, 
and are released by means of a single red push-button.
    The petitioner also states that U.S. version software must be 
installed to ensure that the vehicle conforms to the requirements of 
the Theft Prevention Standard at 49 CFR part 541.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicles near the left windshield 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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 04-20459 Filed 9-8-04; 8:45 am]
BILLING CODE 4910-59-P