[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Notices]
[Pages 24463-24464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09728]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0032; Notice 1]


Notice of Receipt of Petition for Decision that Nonconforming 
2005-2007 BMW 5 Series Passenger Cars Manufactured Before September 1, 
2006 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 2005-2007 BMW 5 Series passenger cars manufactured before 
September 1, 2006 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 
2005-2007 BMW 5 Series passenger cars) and they are capable of being 
readily altered to conform to the standards.

DATES: The closing date for comments on the petition is May 28, 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.

[[Page 24464]]

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. of Baltimore, Maryland (``J.K.'') 
(Registered Importer 90-006) has petitioned NHTSA to decide whether 
nonconforming 2005-2007 BMW 5 Series passenger cars manufactured before 
September 1, 2006 are eligible for importation into the United States. 
The vehicles which J.K. believes are substantially similar are 2005-
2007 BMW 5 Series 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 2005-2007 
BMW 5 Series passenger cars manufactured before September 1, 2006 to 
their U.S.-certified counterparts, and found the vehicles to be 
substantially similar with respect to compliance with most FMVSS.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 2005-2007 BMW 5 Series passenger 
cars manufactured before September 1, 2006, 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 2005-2007 BMW 5 Series passenger cars manufactured before 
September 1, 2006 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, 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, 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: replacement of the 
instrument cluster with a U.S.-model component 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 tail lamps (which include 
side marker lights) with U.S.-model components and installing the U.S.-
model high-mounted stop light assembly.
    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: 
reprogramming the vehicle computer to activate the systems.
    Standard No. 118 Power-operated Window, Partition, And Roof Panel 
Systems: reprogramming the vehicle computer to conform to the standard 
if the vehicle does not already conform.
    Standard No. 208 Occupant Crash Protection: reprogramming the 
vehicle computer to activate the audible warning system and 
installation of U.S.-model airbags, sensors, front passenger and rear 
seat belts, child seat support mount, rear window shelf, and instrument 
panel support tube.
    Standard No. 209 Seat Belt Assemblies: replacement of front 
passenger and rear seatbelts with U.S.-model components.
    Standard No. 225 Child Restraint Anchorage Systems: installation of 
child seat support mounts.
    Standard No. 301 Fuel System Integrity: installation of a U.S.-
model evaporative system with rollover and check valve.
    Standard No. 401 Interior Trunk Release: installation of U.S.-model 
interior trunk release components.
    The petitioner states that the bumper carriers, bumper shocks, and 
deformation elements will be replaced to meet the requirements of the 
Bumper Standard at 49 CFR 581.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicle near the left windshield post 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: April 15, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-09728 Filed 4-24-13; 8:45 am]
BILLING CODE 4910-59-P