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###### Department of Transportation

###### National Highway Traffic Safety Administration 

          - [Docket No. NHTSA-2001-9631] 

# AGENCY:

National Highway Traffic Safety Administration, DOT. 

# ACTION:

Notice of receipt of petition for decision that nonconforming 1999-2001 BMW 7 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 1999-2001 BMW 7 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 June 20, 2001. 

# 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**                    .                 

J.K. Technologies of Baltimore, Maryland (“J.K.”) (Registered Importer 90-006) has petitioned NHTSA to decide whether 1999-2001 BMW 7 Series passenger cars are eligible for importation into the United States. The vehicles which J.K. believes are substantially similar are 1999-2001 BMW 7 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 1999-2001 BMW 7 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. 

J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 1999-2001 BMW 7 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 1999-2001 BMW 7 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,*                    118                     *Power Window Systems,*                    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,*                    214                     *Side Impact Protection,*                    216                     *Roof Crush Resistance,*                    219                     *Windshield Zone Intrusion,*                    301                     *Fuel System Integrity,*                    and 302                     *Flammability of Interior Materials,*                    as well as 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 the word “Brake” for the international ECE warning symbol on the markings for the brake failure indicator lamp; (b) replacement of the speedometer with one calibrated in miles per hour. The petitioner states that the entire instrument cluster will be replaced with a U.S.-model component.                           ( print page 28027)    

                    Standard No. 108                     *Lamps, Reflective Devices and Associated Equipment:*                     (a) Installation of U.S.-model headlamps and front sidemarker lamps and (b) installation of U.S.-model taillamp assemblies which incorporate rear sidemarker lamps.                 

                    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 and a warning buzzer microswitch in the steering lock assembly.                 

                    Standard No. 208                     *Occupant Crash Protection:*                    (a) Installation of a seat belt warning buzzer, wired to the driver's seat belt latch; (b) inspection of all vehicles and replacement of the driver's and passenger's side air bags, knee bolsters, control units, sensors, and seat belts with U.S.-model components on vehicles that are not already so equipped. The front and rear outboard designated seating positions have combination lap and shoulder belts that are self-tensioning and that release by means of a single red pushbutton.                 

The petitioner also states that a vehicle identification plate must be affixed to the vehicles near the left windshield post and a reference and certification label must be affixed in the area of the left front door 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 St., SW., Washington, DC 20590. (Docket hours are from 9 am to 5 pm). 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: May 16, 2001.

Marilynne Jacobs, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 01-12733 Filed 5-18-01; 8:45 am] 

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