[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20385-20386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07847]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0022; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2010 BMW Z4 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 
2010 BMW Z4 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 2010 BMW Z4) and they are capable of being 
readily altered to conform to the standards.

DATE: The closing date for comments on the petition is May 6, 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 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.
    J.K. Technologies, LLC (``JK''), of Baltimore, Maryland (Registered 
Importer 90-006) has petitioned NHTSA to decide whether nonconforming 
2010 BMW Z4 passenger cars are eligible for importation into the United 
States. The vehicles which JK believes are substantially similar are 
2010 BMW Z4 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 the non-U.S. certified 2010 
BMW Z4 to its U.S.-certified counterpart, and found the vehicles to be 
substantially similar with respect to compliance with most FMVSS.
    JK submitted information with its petition intended to demonstrate 
that the non-U.S. certified 2010 BMW Z4, as originally manufactured, 
conforms to many FMVSS in the same manner as its U.S. certified 
counterpart, or is capable of being readily altered to conform to those 
standards. Specifically, the petitioner claims that the non-U.S. 
certified 2010 BMW Z4 is identical to its U.S. certified counterpart 
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, 113 Hood Latch System, 116 Motor 
Vehicle Brake Fluids, 124 Accelerator Control Systems, 135 Light 
Vehicle Brake Systems, 139 New Pneumatic Radial Tires for Light 
Vehicles, 201 Occupant Protection in Interior Impact, 202 Head 
Restraints, 205 Glazing Materials, 206 Door Locks and Door Retention 
Components, 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting, 
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield 
Zone Intrusion, 225

[[Page 20386]]

Child Restraint Anchorage Systems, and 302 Flammability of Interior 
Materials.
    The petitioner also contends that the vehicle is 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 a U.S.-model component and reprogramming the 
unit to reflect the correct mileage on the vehicle.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of the following U.S.-model components on 
vehicles not already so equipped: (a) headlamps; (b) front side marker 
lamps; and (c) rear stop lamps that incorporate rear side marker lamps, 
and reprogramming the vehicle computer to activate the required 
systems.
    Standard No. 110 Tire Selection and Rims: installation 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 the existing mirror.
    Standard No. 114 Theft Protection: reprogramming the vehicle 
computer to activate the key warning and belt warning systems.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: reprogramming the vehicle computer to meet this standard.
    Standard No. 138 Tire Pressure Monitoring Systems: replacement of 
non-U.S. model components with U.S. model components, including wheel 
sensors, malfunction indicators, and instrument cluster as well as 
reprogramming the vehicle computer to meet this standard.
    Standard No. 204 Steering Control Rearward Displacement: 
installation of the U.S.-model steering column and shaft as part of the 
advanced airbag system.
    Standard No. 207 Seating Systems: replacement of driver and 
passenger seats with U.S.-model components to meet this standard and 
address requirements for advanced airbag systems.
    Standard No. 208 Occupant Crash Protection: reprogramming the 
vehicle computer to activate the seat belt warning lamp and 
installation of the following U.S.-model components on vehicles not 
already so equipped: (a) airbags; (b) seatbelts; (c) sensors; (d) 
control units (ECU); (e) wiring harnesses; (f) knee bolsters; and (g) 
braces.
    Standard No. 209 Seat Belt Assemblies: replacement of seatbelts 
with U.S. model parts.
    Standard No. 301 Fuel System Integrity: installation of a rollover 
and check valve.
    Standard No. 401 Interior Trunk Release: installation of the U.S.-
model interior trunk release system.
    The petitioner states that the support structure for the bumpers on 
these vehicles is identical to those on the U.S. model. However, the 
bumper shocks and brackets must be added to meet the requirements of 
the Bumper Standard at 49 CFR Part 581.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicles near the left windshield post to 
meet the requirements of 49 CFR Part 565 and that a certification label 
must be affixed to the driver's door jamb to meet the requirements of 
49 CFR Part 567.
    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: March 29, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-07847 Filed 4-3-13; 8:45 am]
BILLING CODE 4910-59-P