Notice of Receipt of Petition for Decision That Nonconforming 2002 BMW Z3 Passenger Cars Are Eligible for Importation

Topics:  BMW Z3

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
September 23, 2014

[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Notices]
[Pages 56851-56852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22524]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0098; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2002 BMW Z3 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
nonconforming 2002 BMW Z3 passenger cars that were not originally 
manufactured to comply with all applicable Federal Motor Vehicle Safety 
Standards (FMVSS), are eligible for importation into the United States 
because they are substantially similar to vehicles that were originally 
manufactured for sale in the United States and that were certified by 
their manufacturer as complying with the safety standards (the U.S.-
certified version of the same 2002 BMW Z3 passenger cars) and they are 
capable of being readily altered to conform to the standards.

DATE: The closing date for comments on the petition is October 23, 
2014.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below. Privacy Act: 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 (65 FR 
19477).
    How to Read Comments Submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. Please note that even after the 
comment closing date, we will continue to file relevant information in 
the Docket as it becomes available. Further, some people may submit 
late comments. Accordingly, we recommend that you periodically search 
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

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 FMVSS 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 FMVSS.
    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 
(Registered Importer R-90-005) (WETL) has petitioned NHTSA to decide 
whether nonconforming 2002 BMW Z3 passenger cars are eligible for 
importation into the United States. The vehicles which WETL believes 
are substantially similar are 2002 BMW Z3 passenger cars that were 
manufactured for sale in the United States and certified by their 
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2002 BMW 
Z3 passenger cars to their U.S.-certified counterparts, and found the 
vehicles to be substantially similar with respect to compliance with 
most FMVSS.
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified 2002 BMW Z3 passenger cars, as 
originally manufactured, conform to many FMVSS 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 2002 BMW Z3 passenger cars are identical 
to their U.S. certified counterparts with respect to compliance with 
Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock, 
and Transmission Braking Effect, 103 Windshield Defrosting and 
Defogging Systems, 104 Windshield Wiping and Washing Systems, 106 Brake 
Hoses, 109 New Pneumatic Tires, 113 Hood Latch System, 116 Motor 
Vehicle Brake Fluids, 124 Accelerator Control Systems, 135 Light 
Vehicle Brake 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

[[Page 56852]]

Anchorages, 212 Windshield Mounting, 214 Side Impact Protection, 216 
Roof Crush Resistance, 219 Windshield Zone Intrusion, 225 Child 
Restraint Anchorages, 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: Replacement of the 
Speedometer with the U.S.-model component and addition of the brake 
warning indicator required by the standard.
    Standard No. 108 Lamps, Reflective Devices, and Associated 
Equipment: Installation of the required U.S.-model component high mount 
stop lamp.
    Standard No. 110 Tire Selection and Rims: Addition of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: Replacement of the passenger 
side rearview mirror with a U.S.-model component or inscription of the 
required warning statement on the face of that mirror.
    Standard No. 114 Theft Protection: Addition of compliant audible 
warning device module which warns when key is left in ignition and 
driver's door opened.
    Standard No. 118 Power Operated Window, Partition, and Roof Panel 
Systems: Installation of compliant ``window transport mechanism'' to 
make windows inoperative when ignition is switched off and door is 
opened.
    Standard No. 208 Occupant Crash Protection: Addition of compliant 
safety belt warning buzzer and ``gong module''.
    Standard No. 301 Fuel System Integrity: Installation of a compliant 
rollover valve and evaporative emissions canister.
    Standard No. 401 Interior Trunk Release: Installation of a 
compliant interior trunk release system.
    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 addresses 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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey Giuseppe,
 Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-22524 Filed 9-22-14; 8:45 am]
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