Notice of Receipt of Petition for Decision That Nonconforming 1990-1991 and 1993-1994 BMW 7 Series Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-5531]

Notice of Receipt of Petition for Decision That Nonconforming

1990-1991 and 1993-1994 BMW 7 Series Passenger Cars Are Eligible for

Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1990-1991 and 1993-1994 BMW 7 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 1990-

1991 and 1993-1994 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 May 21, 1999.

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.

Wallace Environmental Testing Laboratories, Inc. of Houston, Texas

(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to

decide whether 1990-1991 and 1993-1994 BMW 7 Series passenger cars are

eligible for importation into the United States. The vehicles which

Wallace believes are substantially similar are 1990-1991 and 1993-1994

BMW 7 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

1990-1991 and 1993-1994 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.

Champagne submitted information with its petition intended to

demonstrate that non-U.S. certified 1990-1991 and 1993-1994 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 1990-

1991 and 1993-1994 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, 124 Accelerator Control Systems,

201 Occupant Protection in Interior Impact, 202 Head Restraints, 203

Impact Protection for the Driver from the Steering Control System, 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, and 302 Flammability of Interior Materials.

Additionally, the petitioner states that non-U.S. certified 1990-

1991 and 1993-1994 BMW 7 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) replacement of the speedometer/odometer

with U.S.-model components.

Standard No. 108 Lamps, Reflective Devices and Associated

Equipment: (a) installation of U.S.-model headlamp assemblies; (b)

installation of U.S.-model front and rear sidemarker/reflector

assemblies; (c) installation of a high-mounted stop lamp if the vehicle

is not already so equipped.

Standard No. 110 Tire Selection and Rims: installation of a tire

information placard.

Standard No. 111 Rearview Mirror: inscription of the required

warning statement on the passenger side rearview mirror.

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) replacement of the

driver's seat belt latch and installation of a seat belt warning

system; (b) replacement of the driver's side air bag and knee bolster

on 1990-1993 models, and the driver's and passenger's side air bags and

knee bolsters on 1994 models, with U.S.-model components if the vehicle

is not already so equipped. The petitioner states that the vehicles are

equipped with Type II seat belts in both front and 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 between the

[[Page 19581]]

fuel tank and the evaporative emissions collection canister.

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 1990-

1991 and 1993-1994 BMW 7 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.

Vehicle Eligibility Number for Subject Vehicles

The importer of a vehicle admissible under any final decision must

indicate on the form HS-7 accompanying entry the appropriate vehicle

eligibility number indicating that the vehicle is eligible for entry.

NHTSA has previously decided that a number of individual models within

the 1990-1991 and 1993-1994 BMW 7 Series are eligible for importation

and has assigned separate eligibility numbers to each of these models.

If the agency ultimately decides to grant this petition, these

eligibility numbers will be replaced by a single eligibility number

that applies to all 1990-1991 and 1993-1994 BMW 7 Series passenger

cars.

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 14, 1999.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 99-9947 Filed 4-20-99; 8:45 am]

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