Notice of Receipt of Petition for Decision That Nonconforming 1988-1994 ALPINA Burkard Bovensiepen GmbH B12 5.0 Model Passenger Cars Are Eligible for Importation, 27890-27892 [E8-10729]
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jlentini on PROD1PC65 with NOTICES
27890
Federal Register / Vol. 73, No. 94 / Wednesday, May 14, 2008 / Notices
Ford additionally argues that a
significant portion of paragraph S4.1(k)
appears to address a concern with
proper installation of aftermarket seat
belts into vehicles that were not
originally equipped with these
restraints. Ford also notes that SAE
J800c which is cited in the regulation
involves installation of ‘‘universal type
seat belt assemblies,’’ particularly where
no seat belt had previously been
installed, and that these concerns do not
apply to the service seat belts. The
vehicles involved in this petition have
uniquely designed seat belt components
and replacement seat belt assemblies are
installed into the identical location from
which the original parts were removed.
Ford also states that proper seat belt
usage instructions are clearly explained
in the Owner Handbook that is included
with each new vehicle. Information
concerning maintenance, periodic
inspection for wear and function of the
seat belts, as well as for their proper
usage is included in the vehicle Owner
Handbook and this information equally
applies to replacement seat belt
assemblies. Many Jaguar and Land
Rover Owner Handbooks are also
available to the public, free of charge on
the Jaguar and Land Rover (GTR) Web
sites.
Ford is not aware of any customer or
field reports of service seat belt
assemblies being incorrectly installed in
the subject applications as a result of
installation instructions not
accompanying the service part. Ford
also is not aware of any reports
requesting installation instructions.
Ford also informed NHTSA that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Ford states that it
believes that because the
noncompliances are inconsequential to
motor vehicle safety that no corrective
action is warranted.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance.
Interested persons are invited to
submit written data, views, and
arguments on this petition. Comments
must refer to the docket and notice
number cited at the beginning of this
notice and be submitted by any of the
following methods:
VerDate Aug<31>2005
16:39 May 13, 2008
Jkt 214001
a. By mail addressed to: U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
b. By hand delivery to U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590. The Docket Section is open
on weekdays from 10 am to 5 pm except
Federal Holidays.
c. Electronically: By logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to 1–202–
493–2251.
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, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
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.). DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78).
You may view documents submitted
to a docket at the address and times
given above. You may also view the
documents on the Internet at https://
www.regulations.gov by following the
online instructions for accessing the
dockets available at that Web site.
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
Comment closing date: June 13, 2008.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8.
PO 00000
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Issued on: May 8, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8–10730 Filed 5–13–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. DOT–NHTSA–2008–0094]
Notice of Receipt of Petition for
Decision That Nonconforming 1988–
1994 ALPINA Burkard Bovensiepen
GmbH B12 5.0 Model Passenger Cars
Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 1988–1994
ALPINA Burkard Bovensiepen GmbH
(ALPINA) B12 5.0 model passenger cars
are eligible for importation.
AGENCY:
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 1988–1994
ALPINA B12 5.0 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 June 13, 2008.
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
https://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
E:\FR\FM\14MYN1.SGM
14MYN1
Federal Register / Vol. 73, No. 94 / Wednesday, May 14, 2008 / Notices
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 https://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
19477–19478).
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 https://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:
jlentini on PROD1PC65 with NOTICES
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.
VerDate Aug<31>2005
16:39 May 13, 2008
Jkt 214001
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.
101 Innovations, LLC, of Ferndale,
Washington (101
Innovations)(Registered Importer 07–
350) has petitioned NHTSA to decide
whether nonconforming 1988–1994
ALPINA B12 5.0 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 stated
its belief that nonconforming 1988–1994
ALPINA B12 5.0 model passenger cars
are substantially similar to both the U.S.
version 1988–1994 BMW 7-series (e32)
passenger cars and the nonconforming
1988–1994 BMW 7-series (e32)
passenger cars that are eligible for
importation by Registered Importers
under vehicle eligibility number VSP–
299 and VSA–28. 101 Innovations
explained that the subject 1988–1994
ALPINA B12 5.0 model passenger cars
were originally manufactured by BMW
as 7-series (e32) passenger cars and were
subsequently altered by ALPINA
Burkard Bovensiepen GmbH. 101
Innovations additionally explained that
ALPINA Burkard Bovensiepen GmbH
assigned new VINs to the altered
vehicles prior to the vehicles being sold
as ALPINA brand vehicles in Europe
and other regions outside of the United
States. While there may be similarities
between the 1988–1994 ALPINA B12
5.0 model passenger cars and the 1988–
1994 BMW 7-series (e32) passenger cars
that BMW has manufactured for
importation into and sale in the United
States, NHTSA has decided that due to
the vehicle and VIN alterations, the
1988–1994 ALPINA B12 5.0 model
passenger cars cannot be regarded as
substantially similar to 1988–1994
BMW 7-series (e32) passenger cars for
the purpose of establishing import
eligibility under section 30141(a)(1)(A).
Therefore, we will construe 101
Innovation’s petition as a petition
pursuant to 49 U.S.C. 30141(a)(1)(B),
seeking to establish import eligibility for
the 1988–1994 ALPINA B12 5.0 model
passenger cars on the basis that they
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.
101 Innovations submitted
information with its petition intended to
demonstrate that non-U.S. certified
1988–1994 ALPINA B12 5.0 model
PO 00000
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Fmt 4703
Sfmt 4703
27891
passenger cars 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,
based on a comparison with the U.S.
certified 1988–1994 BMW 7-series (e32)
passenger cars, that non-U.S. certified
1988–1994 ALPINA B12 5.0 model
passenger cars, 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
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27892
Federal Register / Vol. 73, No. 94 / Wednesday, May 14, 2008 / Notices
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.
The exemption will be effective
on June 13, 2008. Petitions to stay must
be filed by May 29, 2008. Petitions to
reopen must be filed by June 9, 2008.
ADDRESSES: An original and 10 copies of
all pleadings, referring to STB Finance
Docket No. 35125, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, one copy of all
pleadings must be served on petitioner’s
representative: William C. Sippel,
Fletcher & Sippel LLC, 29 North Wacker
Drive, Suite 920, Chicago, IL 60606–
2832.
FOR FURTHER INFORMATION CONTACT:
Joseph H. Dettmar, (202) 245–0395.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.]
SUPPLEMENTARY INFORMATION:
Additional information is contained in
the Board’s decision. Board decisions
and notices are available on our Web
site at https://www.stb.dot.gov.
DATES:
Decided: May 8, 2008.
By the Board, Chairman Nottingham, Vice
Chairman Mulvey, and Commissioner
Buttrey.
Anne K. Quinlan,
Acting Secretary.
[FR Doc. E8–10833 Filed 5–13–08; 8:45 am]
BILLING CODE 4915–01–P
Issued on: May 8, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8–10729 Filed 5–13–08; 8:45 am]
DEPARTMENT OF THE TREASURY
BILLING CODE 4910–59–P
May 7, 2008.
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35125]
Dakota, Minnesota & Eastern Railroad
Corporation—Acquisition Exemption—
Line of BNSF Railway Company
AGENCY:
Surface Transportation Board,
DOT.
jlentini on PROD1PC65 with NOTICES
ACTION:
Notice of exemption.
SUMMARY: Under 49 U.S.C. 10502, the
Board is granting a petition for
exemption from the prior approval
requirements of 49 U.S.C. 10902 for
Dakota, Minnesota & Eastern Railroad
Corporation to acquire from BNSF
Railway Company an approximately
3.5-mile rail line, known as the Yale
Extension, extending from milepost
145.0 to milepost 148.5 in Yale, SD. The
exemption is subject to employee
protective conditions.
VerDate Aug<31>2005
16:39 May 13, 2008
Jkt 214001
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collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. Copies of
the submission(s) may be obtained by
calling the Treasury Bureau Clearance
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information collection should be
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11000, and 1750
Pennsylvania Avenue, NW.,
Washington, DC 20220.
DATES: Written comments should be
received on or before June 13, 2008 to
be assured of consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–0731.
Type of Review: Extension.
Title: PS–262–82 (Final) Definition of
an S Corporation.
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
Description: The regulations provide
the procedures and the statements to be
filed by certain individuals for making
the election under section 1361(d)(2),
the refusal to consent to that election, or
the revocation of that election. The
statements required to be filed would be
used to verify that taxpayers are
complying with requirements imposed
by Congress under subchapter S.
Respondents: Businesses or other forprofit institutions.
Estimated Total Burden Hours: 1,005
hours.
OMB Number: 1545–0988.
Type of Review: Extension.
Title: Form 8609, Low-Income
Housing Credit Allocation Certification,
Schedule A (Form 8609) Annual
Statement.
Form: 8609.
Description: Owners of residential
low-income rental buildings may claim
a low-income housing credit for each
qualified building over a 10-year credit
period. Form 8609 is used to bet a credit
allocation from the housing-credit
agency. The form, along with Schedule
A, is used by the owner to certify
necessary information required by the
law.
Respondents: Businesses or other forprofit institutions.
Estimated Total Burden Hours:
3,329,400 hours.
OMB Number: 1545–2089.
Type of Review: Extension.
Title: Report of Employer-Owned Life
Insurance Contracts.
Form: 8925.
Description: IRC 6039I requires every
policyholder of employer-owned life
insurance contracts to file a return
showing the number of contracts
owned, the total number of employees
at the end of the year, the number of
such employees insured, and that the
policyholder has a valid consent for
each insured employee. Form 8925 is
used to report this information.
Respondents: Businesses or other forprofit institutions.
Estimated Total Burden Hours: 71,360
hours.
OMB Number: 1545–1570.
Type of Review: Extension.
Title: REG–120168–97 (Final)
Preparer Due Diligence Requirements
for Determining Earned Income Credit
Eligibility.
Description: Income tax return
preparers who satisfy the due diligence
requirements in this regulation will
avoid the imposition of the penalty
under section 6695(g) of the Internal
Revenue Code for returns or claims for
refund due after December 31, 1997.
The due diligence requirements include
soliciting the information necessary to
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]]>Agencies
[Federal Register Volume 73, Number 94 (Wednesday, May 14, 2008)]
[Notices]
[Pages 27890-27892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10729]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. DOT-NHTSA-2008-0094]
Notice of Receipt of Petition for Decision That Nonconforming
1988-1994 ALPINA Burkard Bovensiepen GmbH B12 5.0 Model Passenger Cars
Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1988-1994 ALPINA Burkard Bovensiepen GmbH (ALPINA) B12 5.0 model
passenger cars are eligible for importation.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
1988-1994 ALPINA B12 5.0 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 June 13, 2008.
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 https://
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
[[Page 27891]]
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 https://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 19477-19478).
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 https://
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.
101 Innovations, LLC, of Ferndale, Washington (101
Innovations)(Registered Importer 07-350) has petitioned NHTSA to decide
whether nonconforming 1988-1994 ALPINA B12 5.0 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 stated its belief that
nonconforming 1988-1994 ALPINA B12 5.0 model passenger cars are
substantially similar to both the U.S. version 1988-1994 BMW 7-series
(e32) passenger cars and the nonconforming 1988-1994 BMW 7-series (e32)
passenger cars that are eligible for importation by Registered
Importers under vehicle eligibility number VSP-299 and VSA-28. 101
Innovations explained that the subject 1988-1994 ALPINA B12 5.0 model
passenger cars were originally manufactured by BMW as 7-series (e32)
passenger cars and were subsequently altered by ALPINA Burkard
Bovensiepen GmbH. 101 Innovations additionally explained that ALPINA
Burkard Bovensiepen GmbH assigned new VINs to the altered vehicles
prior to the vehicles being sold as ALPINA brand vehicles in Europe and
other regions outside of the United States. While there may be
similarities between the 1988-1994 ALPINA B12 5.0 model passenger cars
and the 1988-1994 BMW 7-series (e32) passenger cars that BMW has
manufactured for importation into and sale in the United States, NHTSA
has decided that due to the vehicle and VIN alterations, the 1988-1994
ALPINA B12 5.0 model passenger cars cannot be regarded as substantially
similar to 1988-1994 BMW 7-series (e32) passenger cars for the purpose
of establishing import eligibility under section 30141(a)(1)(A).
Therefore, we will construe 101 Innovation's petition as a petition
pursuant to 49 U.S.C. 30141(a)(1)(B), seeking to establish import
eligibility for the 1988-1994 ALPINA B12 5.0 model passenger cars on
the basis that they 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.
101 Innovations submitted information with its petition intended to
demonstrate that non-U.S. certified 1988-1994 ALPINA B12 5.0 model
passenger cars 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, based on a comparison with the
U.S. certified 1988-1994 BMW 7-series (e32) passenger cars, that non-
U.S. certified 1988-1994 ALPINA B12 5.0 model passenger cars, 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
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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: May 8, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-10729 Filed 5-13-08; 8:45 am]
BILLING CODE 4910-59-P
