Notice of Receipt of Petition for Decision That Nonconforming 1996-1998 BMW Z3 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3822]

Notice of Receipt of Petition for Decision That Nonconforming

1996-1998 BMW Z3 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1996-1998 BMW Z3 passenger cars are eligible for importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a decision that 1996-

1998 BMW Z3 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 17, 1998.

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 10 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.

Champagne Imports of Lansdale, Pennsylvania (``Champagne'')

(Registered Importer 90-009) has petitioned NHTSA to decide whether

1996-1998 BMW Z3 passenger cars are eligible for importation into the

United States. The vehicles which Champagne believes are substantially

similar are 1996-1998 BMW Z3 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

1996-1998 BMW Z3 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 1996-1998 BMW Z3 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 1996-

1998 BMW Z3 passenger cars are identical to their U.S. certified

counterparts with respect to compliance with Standards 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 1996-

1998 BMW Z3 passenger cars comply with the Bumper Standard found in 49

CFR Part 581 and with the Theft Prevention Standard found in 49 CFR

Part 541.

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 that

incorporate headlamps with DOT markings; (b) installation of U.S.-model

front and rear sidemarker/reflector assemblies; (c) installation of

U.S.-model taillamp 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 position, or a belt webbing-

actuated microswitch inside the driver's seat belt retractor; (b)

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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 so

equipped. The petitioner states that the vehicles are equipped with

combination lap and shoulder restraints that adjust by means of an

automatic retractor and release by means of a single pushbutton at both

front designated seating positions.

Standard No. 214 Side Impact Protection: installation of

reinforcing 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 vehicles 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 Section, National Highway Traffic Safety

Administration, Room 5109, 400 Seventh Street, 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: April 12, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-13073 Filed 5-15-98; 8:45 am]

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