99-17308. Notice of Receipt of Petition for Decision That Nonconforming 1998-1999 BMW 5 Series Passenger Cars Are Eligible for Importation  

  • [Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
    [Notices]
    [Pages 36957-36959]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-17308]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    National Highway Traffic Safety Administration
    [Docket No. NHTSA-99-5908]
    
    
    Notice of Receipt of Petition for Decision That Nonconforming 
    1998-1999 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 
    1998-1999 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 
    1998-1999 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 August 9, 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,
    
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    certified under 49 U.S.C. Sec. 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.
        Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'') 
    (Registered Importer 90-009) has petitioned NHTSA to decide whether 
    1998-1999 BMW 5 Series passenger cars are eligible for importation into 
    the United States. The vehicles which Champagne believes are 
    substantially similar are 1998-1999 BMW 5 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 
    1998-1999 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.
        Champagne submitted information with its petition intended to 
    demonstrate that non-U.S. certified 1998-1999 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 1998-
    1999 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, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
    and 302 Flammability of Interior Materials.
        Additionally, the petitioner states that non-U.S. certified 1998-
    1999 BMW 5 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) installation of a seat belt warning lamp 
    that displays the appropriate symbol; (c) recalibration of the 
    speedometer/odometer from kilometers to miles per hour.
        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 U.S.-model tail-lamp assemblies.
        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.
        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: rewiring of the power window 
    system so that the window transport is inoperative when the ignition is 
    switched off.
        Standard No. 208 Occupant Crash Protection: (a) installation of a 
    U.S.-model seat belt in the driver's seating position or a belt webbing 
    actuated microswitch inside the driver's seat belt retractor; (b) 
    installation of an ignition switch actuated seat belt warning lamp and 
    buzzer; (c) replacement of the driver's and passenger's side air bags 
    and knee bolsters with U.S.-model components if the vehicle is not 
    already so equipped. The petitioner states that the vehicles are 
    equipped with combination lap and shoulder restraints which adjust by 
    means of an automatic retractor and release by means of a single push 
    button in both front designated seating positions, with combination lap 
    and shoulder restraints which release by means of a single push button 
    in both rear outboard designated seating positions, and with a lap belt 
    in the rear center designated seating position.
        Standard No. 214 Side Impact Protection: Installation of 
    reinforcing door beams.
        Standard No. 301 Fuel System Integrity: installation of a rollover 
    valve in the fuel tank vent line between the 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 1998-
    1999 BMW 5 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 1998-1999 BMW 5 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 1998-1999 BMW 5 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, S.W., 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.
    
    
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        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: July 2, 1999.
    Marilynne Jacobs,
    Director, Office of Vehicle Safety Compliance.
    [FR Doc. 99-17308 Filed 7-7-99; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
07/08/1999
Department:
National Highway Traffic Safety Administration
Entry Type:
Notice
Action:
Notice of receipt of petition for decision that nonconforming 1998-1999 BMW 5 Series passenger cars are eligible for importation.
Document Number:
99-17308
Dates:
The closing date for comments on the petition is August 9, 1999.
Pages:
36957-36959 (3 pages)
Docket Numbers:
Docket No. NHTSA-99-5908
PDF File:
99-17308.pdf