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Notice of Receipt of Petition for Decision that Nonconforming 2004 BMW 760I Passenger Cars are Eligible for Importation

American Government Special Collections Reference Desk

American Government Topics:  BMW 760i

Notice of Receipt of Petition for Decision that Nonconforming 2004 BMW 760I Passenger Cars are Eligible for Importation

Claude H. Harris
National Highway Traffic Safety Administration
July 24, 2013


[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44621-44622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17787]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0034]


Notice of Receipt of Petition for Decision that Nonconforming 
2004 BMW 760I Passenger Cars are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of 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 2004 BMW 760I 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 2004 BMW 760I passenger car) and they are 
capable of being readily altered to conform to the standards.

DATE: The closing date for comments on the petition is August 23, 2013.

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 19477-78).
    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: 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 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. Sec.  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

[[Page 44622]]

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.
    U.S. Specs of Havre de Grace, Maryland (Registered Importer R-03-
321) has petitioned NHTSA to decide whether nonconforming 2004 BMW 760I 
passenger cars are eligible for importation into the United States. The 
vehicles which U.S. Specs believes are substantially similar are 2004 
BMW 760I 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 2004 BMW 
760I passenger cars to their U.S.-certified counterparts, and found the 
vehicles to be substantially similar with respect to compliance with 
most FMVSS.
    U.S. Specs submitted information with its petition intended to 
demonstrate that non-U.S. certified 2004 BMW 760I 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 2004 BMW 760I 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, 202 Head Restraints, 204 
Steering Control Rearward Displacement, 205 Glazing Materials, 207 
Seating Systems, 210 Seat Belt Assembly Anchorages, 212 Windshield 
Mounting, 214 Side Impact Protection, 216 Roof Crush Resistance, 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: Recalibration of the 
speedometer to read in MPH instead of KPH if the speedometer is not 
already so calibrated; inscription of the word ``BRAKE'' on the brake 
failure indicator in place of the ECE warning symbol, if the vehicle is 
not already so equipped.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Replacement of the headlamps, side marker lamps, and tail 
lamps with U.S.-model components; installation of a U.S.-model high-
mounted stop lamp.
    Standard No. 110 Tire Selection and Rims for Motor Vehicles with a 
GVWR of 4,536 kilograms (10,000 pounds) or Less: Installation 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 and Rollaway Prevention: 
Installation of a warning buzzer if the vehicle is not already so 
equipped or reprogramming the buzzer to comply with the standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Inspection of each vehicle to verify compliance with the 
standard and reprogramming and/or rewiring the system to meet the 
standard if it does not already comply.
    Standard No. 201 Occupant Protection in Interior Impact: Inspection 
of components subject to this standard and replacement as necessary 
with U.S.-model components.
    Standard No. 206 Door Locks and Door Retention Components: 
Inspection of door lock and retention components and installation of 
U.S.-model components if the vehicle is not already so equipped.
    Standard No. 208 Occupant Crash Protection: Installation of a seat 
belt warning lamp and audible buzzer if the vehicle is not already so 
equipped; inspection of vehicle to ensure that airbags, control unit, 
sensors, seatbelts, and knee bolsters bearing U.S.-model part numbers 
have been installed.
    Standard No. 209 Seat Belt Assemblies: Inspection of all seat belts 
and replacement with U.S.-model components if the vehicle is not 
already so equipped.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
the U.S.-model restraint anchorage system if the vehicle is not already 
so equipped.
    Standard No. 301 Fuel System Integrity: Replacement of fuel system 
components subject to this standard with U.S.-model components if the 
vehicle is not already so equipped.
    Standard No. 401 Interior Trunk Release: Installation of a 
compliant interior trunk release system.
    The petitioner states that a vehicle identification plate must be 
affixed to the vehicles near the left windshield post if not already 
present to meet the requirements of 49 CFR Part 565.
    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.

    Issued on: July 18, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-17787 Filed 7-23-13; 8:45 am]
BILLING CODE 4910-59-P

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