[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Notices]
[Pages 77314-77315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28236]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19875]


Notice of Receipt of Petition for Decision That Nonconforming 
1998 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 
1998 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 
1998 BMW 3 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 January 26, 
2005.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL-401, 400 
Seventh Street, 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.
    Sunshine Car Import (``SCI'') of Ft. Myers, Florida, (Registered 
Importer 01-289) has petitioned NHTSA to decide whether nonconforming 
1998 BMW 3 series passenger cars are eligible for importation into the 
United States. The vehicles which SCI believes are substantially 
similar are 1998 BMW 3 series passenger cars 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 
1998 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 Federal motor vehicle safety standards.
    SCI submitted information with its petition intended to demonstrate 
that non-U.S. certified 1998 BMW 3 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 
BMW 3 series passenger cars are identical to their U.S. certified 
counterparts with respect to

[[Page 77315]]

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, 105 Hydraulic and Electric Brake Systems, 106 Brake Hoses, 109 
New Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake 
Fluids, 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 Mounting, 216 Roof Crush 
Resistance, 219 Windshield Zone Intrusion, 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: (a) Installation of an 
indicator lamp lens cover inscribed with the word ``brake'' in the 
instrument cluster in place of the one inscribed with the international 
ECE warning symbol, and (b) replacement or conversion of the 
speedometer to read in miles per hours.
    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, front side 
marker lamps, taillamp assemblies that incorporate rear side marker 
lamps, a high-mounted stoplamp assembly, and front and rear side reflex 
reflectors.
    Standard No. 110 Tire Selection and Rims: Installation of a tire 
information placard.
    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 that mirror.
    Standard No. 114 Theft Protection: Installation of a supplemental 
key warning buzzer system to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Installation of a supplemental relay system to meet the 
requirements of the standard.
    Standard No. 208 Occupant Crash Protection: (a) Installation of 
U.S. version software to ensure that the seat belt warning system meets 
the requirements of this standard, and (b) inspection of all vehicles 
and replacement of any non-U.S.-model components (including air bag 
modules and control units, seat belts, and knee bolsters) necessary for 
conformity with this standard with U.S.-model components.
    Petitioner states that the restraint systems used in the vehicles 
include airbags and knee bolsters at the front outboard seating 
positions, and combination lap and shoulder belts at the front and rear 
designated seating positions.
    Standard No. 214 Side Impact Protection: Inspection of all vehicles 
and replacement of any non-U.S.-model components necessary for 
conformity with this standard with U.S.-model components.
    Standard No. 301 Fuel System Integrity: Inspection of all vehicles 
and replacement of any non-U.S.-model components necessary for 
conformity with this standard with U.S.-model components.
    The petitioner 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 vehicles will be modified, if necessary, to 
comply with that standard.
    The petitioner also states that all vehicles will be inspected for 
conformity with the Bumper Standard found in 49 CFR part 581 and that 
any non-U.S.-model components necessary for conformity with this 
standard will be replaced with U.S.-model components.
    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 Street, 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. 04-28236 Filed 12-23-04; 8:45 am]
BILLING CODE 4910-59-P