[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