[Federal Register: November 10, 2003 (Volume 68, Number 217)]
[Notices]
[Page 63843-63844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no03-95]
[[Page 63843]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2003-16450]
Notice of Receipt of Petition for Decision That Nonconforming
2000-2002 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
2000-2002 BMW 5 Series passenger cars are eligible for importation.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2000-2002 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 December 10,
2003.
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 a.m.
to 5 p.m.].
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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.
Automobile Concepts, Inc. of North Miami, Florida (``AMC'')
(Registered Importer 01-278) has petitioned NHTSA to decide whether
2000-2002 BMW 5 Series passenger cars are eligible for importation into
the United States. The vehicles which AMC believes are substantially
similar are 2000-2002 BMW 5 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
2000-2002 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.
AMC submitted information with its petition intended to demonstrate
that non-U.S. certified 2000-2002 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 2000-
2002 BMW 5 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, 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, 219 Windshield Zone Intrusion, and 302 Flammability of
Interior Materials.
The 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) Inscription of the word
``brake'' on the dash in place of the international ECE warning symbol;
(b) replacement of the speedometer to read in miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: (a) Installation of U.S.-model headlamps which incorporate
front sidemarker lights; (b) installation of U.S.-model tail lamp
assemblies which incorporate rear sidemarker lights; (d) installation
of a U.S.-model high mounted stop lamp.
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 the mirror's face.
Standard No. 114 Theft Protection: Activation of the warning
buzzer.
Standard No. 118 Power Window Systems: Reprogramming of the power
window system so that the windows will not operate with the ignition
switched off.
Standard No. 208 Occupant Crash Protection: (a) Activation of the
seat belt warning buzzer by reprogramming the unit; (b) inspection of
all vehicles and replacement of the driver's and passenger's air bags,
head air bags, side air bags, knee bolsters, control units, sensors,
and seat belts with U.S.-model components on vehicles that are not
already so equipped. Petitioner states that the vehicles should be
equipped in the front and rear outboard seating positions with
combination lap and shoulder belts that are self-tensioning and that
release by means of a single red pushbutton. Petitioner further states
that the vehicles are equipped with a seat belt warning lamp that is
identical to the lamp installed on U.S.-certified models.
Standard No. 214 Side Impact Protection: Inspection of all vehicles
to ensure that they are equipped with door bars in the front and rear
doors identical
[[Page 63844]]
to those in U.S. certified models and installation of those components
on vehicles that are not already so equipped.
Standard No. 301 Fuel System Integrity: Petitioner states that the
vehicles will comply with this standard once a U.S.-model expansion
tank, active carbon container pipe, vent pipe, carbon canister, and
leak diagnostic pump is installed to complete the vehicles' ORVR
system.
In addition, the petitioner claims that front and rear bumper
reinforcements and shocks must be added to the vehicles to comply with
the Bumper Standard found in 49 CFR part 581.
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 a.m. to 5 p.m.]. 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: November 4, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-28142 Filed 11-7-03; 8:45 am]
BILLING CODE 4910-59-P