Notice of Receipt of Petition for Decision that Nonconforming 2004 BMW 760I Passenger Cars are Eligible for Importation |
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Topics: BMW 760i
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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]
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