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###### Department of Transportation

###### National Highway Traffic Safety Administration 

          - [Docket No. NHTSA-2004-19875] 

# 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. 

# 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                           ( print 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] 

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