[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Notices]
[Pages 19580-19581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9947]
[[Page 19580]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5531]
Notice of Receipt of Petition for Decision That Nonconforming
1990-1991 and 1993-1994 BMW 7 Series Passenger Cars Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1990-1991 and 1993-1994 BMW 7 Series passenger cars are eligible for
importation.
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SUMMARY: This notice announces receipt by the National Highway Traffic
Safety Administration (NHTSA) of a petition for a decision that 1990-
1991 and 1993-1994 BMW 7 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 May 21, 1999.
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].
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
Safety Compliance, NHTSA (202-366-5306).
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.
Wallace Environmental Testing Laboratories, Inc. of Houston, Texas
(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to
decide whether 1990-1991 and 1993-1994 BMW 7 Series passenger cars are
eligible for importation into the United States. The vehicles which
Wallace believes are substantially similar are 1990-1991 and 1993-1994
BMW 7 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., as conforming to all
applicable Federal motor vehicle safety standards.
The petitioner claims that it carefully compared non-U.S. certified
1990-1991 and 1993-1994 BMW 7 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.
Champagne submitted information with its petition intended to
demonstrate that non-U.S. certified 1990-1991 and 1993-1994 BMW 7
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 1990-
1991 and 1993-1994 BMW 7 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, 203
Impact Protection for the Driver from the Steering Control System, 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, and 302 Flammability of Interior Materials.
Additionally, the petitioner states that non-U.S. certified 1990-
1991 and 1993-1994 BMW 7 Series passenger cars 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) substitution of a lens
marked ``Brake'' for a lens with a noncomplying symbol on the brake
failure indicator lamp; (b) replacement of the speedometer/odometer
with U.S.-model components.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) installation of U.S.-model headlamp assemblies; (b)
installation of U.S.-model front and rear sidemarker/reflector
assemblies; (c) installation of a high-mounted stop lamp if the vehicle
is not already so equipped.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard.
Standard No. 111 Rearview Mirror: inscription of the required
warning statement on the passenger side rearview mirror.
Standard No. 114 Theft Protection: installation of a warning buzzer
microswitch in the steering lock assembly and a warning buzzer.
Standard No. 118 Power Window Systems: installation of a relay in
the power window system so that the window transport is inoperative
when the ignition is switched off.
Standard No. 208 Occupant Crash Protection: (a) replacement of the
driver's seat belt latch and installation of a seat belt warning
system; (b) replacement of the driver's side air bag and knee bolster
on 1990-1993 models, and the driver's and passenger's side air bags and
knee bolsters on 1994 models, with U.S.-model components if the vehicle
is not already so equipped. The petitioner states that the vehicles are
equipped with Type II seat belts in both front and rear outboard
designated seating positions, and with a lap belt in the rear center
designated seating position.
Standard No. 301 Fuel System Integrity: installation of a rollover
valve in the fuel tank vent line between the
[[Page 19581]]
fuel tank and the evaporative emissions collection canister.
The petitioner also states that a vehicle identification number
plate must be affixed to the vehicle to meet the requirements of 49 CFR
Part 565.
Additionally, the petitioner states that non-U.S. certified 1990-
1991 and 1993-1994 BMW 7 Series passenger cars will be inspected prior
to importation to ensure that they are equipped to comply with the
Theft Prevention Standard found in 49 CFR Part 541.
Vehicle Eligibility Number for Subject Vehicles
The importer of a vehicle admissible under any final decision must
indicate on the form HS-7 accompanying entry the appropriate vehicle
eligibility number indicating that the vehicle is eligible for entry.
NHTSA has previously decided that a number of individual models within
the 1990-1991 and 1993-1994 BMW 7 Series are eligible for importation
and has assigned separate eligibility numbers to each of these models.
If the agency ultimately decides to grant this petition, these
eligibility numbers will be replaced by a single eligibility number
that applies to all 1990-1991 and 1993-1994 BMW 7 Series passenger
cars.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket number and be
submitted to: Docket Section, National Highway Traffic Safety
Administration, Room 5109, 400 Seventh Street, SW, Washington, DC
20590. 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: April 14, 1999.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 99-9947 Filed 4-20-99; 8:45 am]
BILLING CODE 4910-59-P
