Notice of Receipt of Petition for Decision that Nonconforming 1995-1997 BMW 5 Series Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3674]

Notice of Receipt of Petition for Decision that Nonconforming

1995-1997 BMW 5 Series Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1995-1997 BMW 5 Series 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 1995-

1997 BMW 5 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 May 7, 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 a.m.

to 5 p.m.]

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. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer

90-006) has petitioned NHTSA to decide whether 1995-1997 BMW 5 Series

passenger cars are eligible for importation into the United States. The

vehicles which J.K. believes are substantially similar are 1995-1997

BMW 5 Series passenger cars that were manufactured for importation

into, and sale in, the United States and certified by their

manufacturer, Bayerische Motoren Werk, A.G., as conforming to all

applicable Federal motor vehicle safety standards.

The petitioner claims that it carefully compared non-U.S. certified

1995-1997 BMW 5 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 1995-1997 BMW 5 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 1995-

1997 BMW 5 Series 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,

301 Fuel System Integrity, and 302 Flammability of Interior Materials.

The petitioner states that non-U.S. certified 1995-1997 BMW 5

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: replacement of the single

unit modular instrument cluster with a U.S.-model component that

incorporates a different speedometer and all required markings.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamps and front

sidemarker lights; (b) installation of U.S.-model taillamp assemblies

which incorporate rear sidemarker lights; (c) installation of U.S.-

model high mounted stop light on all models that are not so equipped.

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 or inscription of the

required warning statement on models equipped with equivalent mirrors.

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: installation of a relay in

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

seat belt warning buzzer, wired to the seat belt latch; (b)

installation of U.S.-model driver's and passenger's side air bags, knee

bolsters, control units, sensors, and seat belts on models that are not

so equipped. The petitioner states that the vehicles are equipped with

combination lap and shoulder belts at all front and rear outboard

seating positions that are self tensioning and released by means of a

single red push button.

[[Page 17042]]

Standard No. 214 Side Impact Protection: installation of door bars

on models that are not so equipped. The petitioner claims that the

vehicles have been tested for compliance with the dynamic performance

requirements of the standard.

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 all vehicles will be

inspected prior to importation to ensure that they meet the parts

marking requirements of the Theft Prevention Standard at 49 CFR Part

541.

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: April 1, 1998.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 98-8984 Filed 4-6-98; 8:45 am]

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