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###### Department of Transportation

###### National Highway Traffic Safety Administration 

          - [Docket No. NHTSA-2000-7964] 

# AGENCY:

National Highway Traffic Safety Administration, DOT. 

# ACTION:

Notice of receipt of petition for decision that nonconforming 2000 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 2000 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 November 24, 2000. 

# 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**                    .                 

Bayway Auto, Inc. of Elizabeth, New Jersey (“BWA”) (Registered Importer 98-166) has petitioned NHTSA to decide whether 2000 BMW 3 Series passenger cars are eligible for importation into the United States. The vehicles which BWA believes are substantially similar are 2000 BMW 3 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 2000 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. 

BWA submitted information with its petition intended to demonstrate that non-U.S. certified 2000 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 2000 BMW 3 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                               ( print page 63912)                            Systems*, 106                     *Brake Hoses*, 109                     *New Pneumatic Tires*, 113                     *Hood Latch Systems*, 116                     *Brake Fluid*, 124                     *Accelerator Control Systems*, 202                     *Head Restraints*, 204                     *Steering Control Rearward Displacement*, 205                     *Glazing Materials*, 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 2000 BMW 3 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 which incorporate headlamps with DOT markings; (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 mechanism is inoperative when the ignition is switched off.                 

                    Standard No. 201                     *Occupant Protection in Interior Impact:*                     Inspection of all components subject to the upper interior head impact requirements and replacements of those that are not identical to components found on U.S.-certified models.                 

                    Standard No. 206                     *Door Locks and Door Retention Components:*                     Replacement of the rear door locks and rear door lock buttons with U.S.-model components.                 

                    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. 301                     *Fuel System Integrity:*                     Installation of a rollover valve in the fuel tank vent line.                 

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 2000 BMW 3 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 and that a U.S.-model anti-theft device will be installed on vehicles that are not already so equipped. 

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 St., 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: October 18, 2000. 

Marilynne Jacobs, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 00-27331 Filed 10-24-00; 8:45 am] 

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