Notice of Receipt of Petition for Decision that Nonconforming 1988-1996 Alpina B10 Passenger Cars Are Eligible for Importation |
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Topics: Alpina B10
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Claude H. Harris
National Highway Traffic Safety Administration
September 25, 2013
[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 59092-59093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23358]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0064; Notice 1]
Notice of Receipt of Petition for Decision that Nonconforming
1988-1996 Alpina B10 Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, 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 1988-1996 Alpina B10 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 have safety features that comply with, or
are capable of being altered to comply with, all such standards.
DATES: October 25, 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: Send comments by mail addressed to: U.S. Department
of Transportation, 1200 New Jersey Avenue SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001
Hand Delivery: Deliver comments by hand to: 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.
Electronically: Submit comments electronically by: logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to (202) 493-2251
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.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
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)(B), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS, and has no
substantially similar U.S.-certified counterpart, shall be refused
admission into the United States unless NHTSA has decided that the
motor vehicle has safety features that comply with, or are capable of
being altered to comply with, all applicable FMVSS based on destructive
test data or such other evidence as NHTSA decides to be adequate.
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.
101 Innovations, LLC. of Lummi Island, WA (Registered Importer 07-
350) has petitioned NHTSA to decide whether nonconforming 1988-1996
Alpina B10 passenger cars are eligible for importation into the United
States. 101 Innovations believes these vehicles are capable of being
modified to meet all applicable FMVSS.
In the past, NHTSA has granted import eligibility to a number of
Alpina vehicles that were derived from BMW vehicles. These include the
2005-2007 (manufactured before September 1, 2006) Alpina B5 series,
1987-1994 Alpina B11 sedan, the 1989-1996 Alpina B12 2-door coupe, and
the 1988-1994 Alpina B12 5.0 sedan (assigned vehicle eligibility
numbers VCP-53, VCP-48, VCP-43, and VCP-41, respectively). These
eligibility decisions were based on petitions submitted by Registered
Importers (RIs) who claimed that the vehicles were capable of being
altered to comply with all applicable FMVSS.
Because those vehicles were not manufactured for importation into
and sale in the United States, and were not
[[Page 59093]]
certified by their original manufacturer (Alpina), as conforming to all
applicable FMVSS, they cannot be categorized as ``substantially
similar'' to the vehicle that is the subject of the petition at issue
for the purpose of establishing import eligibility for that vehicle
under 49 U.S.C. 30141(a)(1)(A). Therefore, the agency will consider 101
Innovation's petition as a petition pursuant to 49 U.S.C.
30141(a)(1)(B).
101 Innovations submitted information with its petition intended to
demonstrate that non-U.S. certified 1988-1996 Alpina B10 passenger
cars, as originally manufactured, conform to many FMVSS. Specifically,
the petitioner claims that non-U.S. certified 1988-1996 Alpina B10
passenger cars, as originally manufactured, conform to: 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, 105 Hydraulic and
Electric Brake Systems, 106 Brake Hoses, 107 Reflective Surfaces, 109
New Pneumatic Tires, 113 Hood Latch System, 116 Motor Vehicle Brake
Fluids, 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, 210 Seat Belt Assembly Anchorages, 211
Wheel Nuts, Wheel Disks, and Hub Caps, 212 Windshield Mounting, 214
Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield Zone
Intrusion, 301 Fuel System Integrity, 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
instrument cluster with components from the U.S.-model BMW E34 5-series
and reprogramming the vehicle computer to operate the necessary safety
systems.
Standard No. 108 Lamps, Reflective Devices, and Associated
Equipment: replacement of the headlamps and front and rear marker
lights with components from the U.S.-model BMW E34 5-series, and
installation of the high-mounted stop light assembly from the U.S.-
model BMW E34 5-series.
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 component from the U.S.-model BMW E34 5-
series or inscription of the required warning statement on the face of
that mirror.
Standard No. 114 Theft Protection and Rollaway Prevention:
activation of occupant warning chime by reprogramming vehicle modules
and inspection and replacement of ignition switch with component from
the U.S.-model BMW E34 5-series if necessary to incorporate key
detection micro switch.
Standard No. 115 Vehicle Identification Number: installation of a
VIN plate near the left windshield pillar.
Standard No. 118 Power-operated Window, Partition, and Roof Panel
Systems: inspection of early models of these vehicles for remote
activation devices that exceed the distance limitations of this
standard. Systems not conforming to this standard will be disabled to
achieve conformity.
Standard No. 208 Occupant Crash Protection: installation of airbag
system components from the U.S.-model BMW E34 5-series as necessary.
Installation of driver and/or passenger knee bolsters that conform to
the requirements of this standard.
Standard No. 209 Seat Belt Assemblies: inspection of seat belt
assemblies and replacement of any non-conforming components with U.S.-
model BMW E34 5-series components.
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.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-23358 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-59-P