[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Notices]
[Pages 61826-61827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17456]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2006-26010]


Notice of Receipt of Petition for Decision That Nonconforming 
2003 and 2004 BMW 3 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 and 2004 BMW 3 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 and 2004 BMW 3 Series passenger cars that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards (FMVSS) 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 November 20, 
2006.

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 FMVSS 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 FMVSS.
    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.
    Sunshine Car Import (``SCI'') of Ft. Myers, Florida, (Registered 
Importer 01-289) has petitioned NHTSA to decide whether nonconforming 
2003 and 2004 BMW 3 Series passenger cars are eligible for importation 
into the United States. The vehicles which SCI believes are 
substantially similar are 2003 and 2004 BMW 3 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. (BMW), as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S.-certified 
2003 and 2004 BMW 3 Series passenger cars to their U.S.-certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    SCI submitted information with its petition intended to demonstrate 
that non-U.S.-certified 2003 and 2004 BMW 3 Series passenger cars, as 
originally manufactured, conform to many FMVSS 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 
and 2004 BMW 3 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, 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, 216 Roof Crush 
Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint 
Anchorage Systems, 302 Flammability of Interior Materials, and 401 
Interior Trunk Release.
    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; and (c) installation of U.S.-model software in the vehicle's 
computer system.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of U.S.-model headlamps, front sidemarker 
lamps, and a high mounted stop lamp if 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: reprogramming of the vehicle to 
actuate the appropriate safety systems during conversion of the dash.
    Standard No. 118 Power Window Systems: alteration of the power 
window system to operate the required defeat device during 
reprogramming of the lights and dash. The petitioner states that most 
vehicles have the required defeat devices as standard equipment.
    Standard No. 208 Occupant Crash Protection: Petitioner states that 
the

[[Page 61827]]

vehicles are equipped with a seat belt warning lamp that is identical 
to the component installed on U.S.-certified models, but that the 
audible warning buzzer must be reprogrammed to meet the standard. 
Petitioner also states that all vehicles must be inspected and the 
driver's and passenger's air bags, knee bolsters, control units, 
sensors, and seat belts must be replaced with U.S.-model components on 
vehicles 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.
    Standard No. 214 Side Impact Protection: inspection of all vehicles 
and installation of U.S.-model door bar components on vehicles not 
already so equipped.
    Standard No. 301 Fuel System Integrity: inspection of all vehicles 
and replacement of non-U.S.-model fuel system components with U.S.-
model components on vehicles not already so equipped.
    The petitioner states that all vehicles will be inspected for 
compliance with the parts marking requirements of the Theft Prevention 
Standard at 49 CFR Part 541, and U.S.-model antitheft devices must be 
installed on vehicles not already so equipped prior to importation.
    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. The 
petitioner further states that a certification label must be affixed to 
the vehicle to comply with the requirements of 49 CFR part 567.
    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: October 13, 2006.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E6-17456 Filed 10-18-06; 8:45 am]
BILLING CODE 4910-59-P