[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30961-30963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12356]


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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 Alpina B5 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 Alpina B5 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

[[Page 30962]]

because they have safety features that comply with, or are capable of 
being altered to comply with, all such standards.

DATES: The closing date for comments on the petition is June 24, 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)(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.
    J.K. Technologies, LLC. of Baltimore, Maryland (``J.K.'') 
(Registered Importer 90-006) has petitioned NHTSA to decide whether 
nonconforming 2005-2007 Alpina B5 Series passenger cars manufactured 
before September 1, 2006 are eligible for importation into the United 
States. J.K. 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 
1988-1994 Alpina B11 coupe, the 1988-1994 Alpina B12 5.0 coupe, and the 
1989-1996 Alpina B12 coupe (assigned vehicle eligibility numbers VCP-
48, VCP-41, and VCP-43, respectively). These eligibility decisions were 
based on petitions submitted by other Registered Importers (RI's) 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 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 J.K.'s petition as a petition 
pursuant to 49 U.S.C. 30141(a)(1)(B).
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 2005-2007 Alpina B5 passenger cars 
manufactured before September 1, 2006, as originally manufactured, 
conform to many FMVSS. Specifically, the petitioner claims that non-
U.S. certified 2005-2007 Alpina B5 passenger cars manufactured before 
September 1, 2006, 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, 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, 225 Child Restraint Anchorage Systems, 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 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 tail lamps (which include 
side marker lights), from the U.S.-model BMW 5-series, and installation 
of the high-mounted stop light assembly from the U.S.-model BMW 5-
series if not already so equipped.
    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.

[[Page 30963]]

    Standard No. 111 Rearview Mirrors: Replacement of the passenger 
side rearview mirror with a component from the U.S.-model BMW 5-series 
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 required safety 
systems.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Reprogramming the vehicle computer to prevent the operation of 
these systems when the ignition is turned off.
    Standard No. 208 Occupant Crash Protection: Reprogramming the 
vehicle computer to activate the audible warning system and 
installation of vehicle airbags, sensors, front passenger and rear seat 
belts, child seat support mount, rear window shelf, and instrument 
panel support tube from the U.S.-model BMW 5-series.
    Standard No. 209 Seat Belt Assemblies: Replacement of front 
passenger and rear seatbelts with components from the U.S.-model BMW 5-
series.
    Standard No. 225 Child Restraint Anchorage Systems: Installation of 
child seat support mounts from the U.S.-model BMW 5-series.
    Standard No. 301 Fuel System Integrity: Installation of an 
evaporative system with a rollover and check valve from the U.S.-model 
BMW 5-series.
    Standard No. 401 Interior Trunk Release: Installation of U.S.-model 
BMW 5-series interior trunk release components.
    The petitioner states that the bumper carriers, bumper shocks, 
deformation elements, and support structures will be replaced with 
U.S.-model 5-series components to meet the requirements of the Bumper 
Standard of 49 CFR part 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.
    As previously stated, the petitioner claims that the vehicle, is 
capable of being modified to comply with all requirements of FMVSS No. 
208 Occupant Crash Protection. NHTSA seeks specific comments on whether 
the vehicle, which is manufactured for sale in the European Market, is 
in fact capable of being modified to comply with all requirements of 
FMVSS No. 208, including the unbelted occupant protection requirements 
of this standard.
    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: May 17, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-12356 Filed 5-22-13; 8:45 am]
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