[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,
[[Page 36958]]
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.
[[Page 36959]]
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
