[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Pages 67207-67208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25420]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19547]


Notice of Receipt of Petition for Decision ThatNonconforming 
2003-2004 BMW X5 Multipurpose Passenger Vehicles, Manufactured From 
January 1, 2003, Through December 31, 2004, Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2003-2004 BMW X5 multipurpose passenger vehicles manufactured from 
January 1, 2003, through December 31, 2004, are eligible for 
importation.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2003-2004 BMW X5 multipurpose passenger vehicles manufactured from 
January 1, 2003, through December 31, 2004, 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 16, 
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 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. (``AMC''), of North Miami, Florida 
(Registered Importer 01-278) has petitioned NHTSA to decide whether 
nonconforming 2003-2004 BMW X5 multipurpose passenger vehicles 
manufactured from January 1, 2003 through December 31, 2004, are 
eligible for importation into the United States. The vehicles which AMC 
believes are substantially similar are 2003-2004 BMW X5 multipurpose 
passenger vehicles manufactured from January 1, 2003 through December 
31, 2004, 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 X5 multipurpose passenger vehicles manufactured from 
January 1, 2003 through December 31, 2004, 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 2003-2004 BMW X5 multipurpose passenger 
vehicles manufactured from January 1, 2003 through December 31, 2004, 
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 X5 multipurpose passenger vehicles manufactured from January 
1, 2003 through December 31, 2004, 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

[[Page 67208]]

Washing Systems, 106 Brake Hoses, 113 Hood Latch System, 116 Motor 
Vehicle Brake Fluids, 119 New Pneumatic Tires for Vehicles Other than 
Passenger Cars, 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, 212 Windshield Mounting, 214 Side Impact Protection, 216 Roof 
Crush Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint 
Anchorage Systems, 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: Installation of a U.S.-
model instrument cluster.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Inspection of all vehicles and installation, on vehicles 
that are not already so equipped, of U.S.-model headlamps, taillamps, 
and front and rear side marker lamps that incorporate side reflex 
reflectors.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of the passenger side rearview mirror.
    Standard No. 114 Theft Protection: Reprogramming and rewiring the 
vehicle's systems, as required, to ensure compliance with the standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Reprogramming the vehicle computer to the U.S.-mode to ensure 
compliance with the standard.
    Standard No. 120 Tire Selection and Rims for Motor Vehicles Other 
than Passenger Cars: Installation of a tire information placard.
    Standard No. 208 Occupant Crash Protection: (a) Inspection of all 
vehicles and replacement of any non U.S.-model seat belts, air bag 
control units, air bags, sensors, and knee bolsters with U.S.-model 
components on vehicles that are not already so equipped, and (b) 
reprogramming the vehicle computer to the U.S.-mode to ensure 
compliance with the standard.
    The petitioner states that the occupant restraints used in these 
vehicles consist of dual front airbags and 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.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and replacement of non-U.S. model seat belt assemblies with U.S.-model 
components.
    Standard No. 210 Seat Belt Assembly Anchorages: Inspection of all 
vehicles and replacement of any non-U.S.-model seat belt anchorages 
with U.S.-model components on vehicles that are not already so 
equipped.
    Standard No. 301 Fuel System Integrity: Inspection of all vehicles 
and installation of U.S.-model components, on vehicles that are not 
already so equipped, to ensure compliance with the standard.
    The petitioner also states that all vehicles will be inspected 
prior to importation to assure compliance with the Theft Prevention 
Standard at 49 CFR Part 541 and that U.S.-model antitheft components 
will be installed, if necessary, to achieve compliance with that 
standard.
    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. 04-25420 Filed 11-15-04; 8:45 am]
BILLING CODE 4910-59-P