[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69323-69324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28893]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2011-0157, Notice 1]


Notice of Receipt of Petition for Decision that Nonconforming 
1987-1994 ALPINA Burkard Bovensiepen GmbH B11 Sedan Model Passenger 
Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
1987-1994 ALPINA B11 sedan model 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.

DATE: The closing date for comments on the petition is December 8, 
2011.

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: 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

[[Page 69324]]

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 Ferndale, Washington (101 Innovations) 
(Registered Importer 07-350) has petitioned NHTSA to decide whether 
nonconforming 1987-1994 ALPINA B11 sedan model passenger cars are 
eligible for importation into the United States. 101 Innovations 
believes that these vehicles are capable of being modified to meet all 
applicable FMVSS.
    In its petition, 101 Innovations described the 1987-1994 ALPINA B11 
sedan as a modified version of the 1987-1994 BMW 7-series (e32) sedan 
that was manufactured for sale in the United States and certified by 
BMW as complying with all applicable FMVSS. The petitioner noted, 
however, that these vehicles were altered by ALPINA and, as altered, 
were assigned vehicle identification numbers (VINs) by ALPINA that 
differ from those assigned to the base vehicles manufactured by BMW. In 
view of these circumstances, the petitioner acknowledged that it could 
not base its petition on the substantial similarity of the 1987-1994 
ALPINA B11 sedan to the U.S.-certified 1987-1994 BMW 7-series (e32) 
sedan, but would instead need to establish import eligibility on the 
basis that the vehicles have safety features that comply with, or are 
capable of being modified to comply with, the FMVSS based on 
destructive test data or such other evidence that NHTSA decides to be 
adequate. The petitioner did note, however, that the 1987-1994 ALPINA 
B11 sedan utilizes the same components as the U.S.-certified 1987-1994 
BMW 7-series (e32) sedan in virtually all of the systems subject to the 
FMVSS.
    101 Innovations submitted information with its petition intended to 
demonstrate that non-U.S. certified 1987-1994 ALPINA B11 sedans conform 
to many FMVSS and are capable of being altered to comply with all other 
standards to which they were not originally manufactured to conform.
    Specifically, the petitioner claims that non-U.S. certified 1987-
1994 ALPINA B11 sedans, 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 Brake Systems, 106 Brake Hoses, 107 Reflecting 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 Discs 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.
    In addition, the petitioner claims that the vehicles comply with 
the Bumper Standard found in 49 CFR Part 581.
    The petitioner also contends that the vehicles are capable of being 
altered to meet the following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: installation of U.S.-model 
instrument cluster and U.S.-version software.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of U.S.-model: (a) headlamps; (b) front and 
rear side marker lamps; and (c) rear high mounted stop lamp and 
associated wiring.
    Standard No. 110 Tire Selection and Rims: installation on the 
vehicle of a tire information placard.
    Standard No. 111 Rearview Mirrors: installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 114 Theft Protection: installation of U.S.-version 
software and a U.S.-model ignition switch to meet the requirements of 
this standard.
    Standard No. 115 Vehicle Identification: installation of a vehicle 
identification plate near the left windshield post to meet the 
requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: inspection of all vehicles and modification or deactivation of 
any remote activation features that cause the system not to conform to 
the standard.
    Standard No. 208 Occupant Crash Protection: (a) Installation of 
U.S.-model knee bolsters; and (b) inspection of all vehicles and 
replacement of any non U.S.-model air bag system components, including 
all warning systems, warning labels and telltales, with U.S.-model 
components on vehicles not already so equipped.
    Standard No. 209 Seat Belt Assemblies: inspection of all vehicles 
and replacement of any non U.S.-model seat belt components on vehicles 
not already so equipped.
    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) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: November 2, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-28893 Filed 11-7-11; 8:45 am]
BILLING CODE 4910-59-P