Notice of Receipt of Petition for Decision that Nonconforming 1987-1994 ALPINA Burkard Bovensiepen GmbH B11 Sedan Model Passenger Cars Are Eligible for Importation, 69323-69324 [2011-28893]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices components have to be replaced or repaired while authorized access to the central database is unavailable or the components are unauthorized, further operation and use of the vehicle is restricted or even impossible. In its MY 2012 modification, Porsche stated that it believes its new 911 antitheft device will prove to be even more effective in reducing and deterring theft than its antitheft devices have proven in the past. Porsche also compared its device with other devices without alarms that NHTSA has determined to be as effective in reducing and deterring motor vehicle theft as would compliance with the parts-marking requirements. Porsche stated that similar systems without alarms, (i.e., GM PASS-Key, Mercedes Benz 202 vehicle line, Porsche Boxster (Cayman) as well as earlier 911 vehicle line devices were determined to be as effective as parts-marking. Porsche also referenced the agency’s theft rate data for the 911 vehicle line which indicates that its theft rates (2002–2009) are still below the median theft rate of 3.5826. The theft rate for the 911 vehicle line using the most current 3 MY’s theft rate data is 0.6339. The agency has evaluated Porsche’s MY 2012 petition to modify the exemption for the 911 vehicle line from the parts-marking requirements of 49 CFR Part 541, and has decided to grant it. The agency believes that the proposed device will continue to provide the five types of performance listed in § 543.6(a)(3): Promoting activation; attracting attention to the efforts of unauthorized persons to enter or operate a vehicle by means other than a key; preventing defeat or circumvention of the device by unauthorized persons; preventing operation of the vehicle by unauthorized entrants; and ensuring the reliability and durability of the device. If Porsche decides not to use the exemption for this line, it should formally notify the agency. If such a decision is made, the line must be fully marked according to the requirements under 49 CFR 541.5 and 541.6 (marking of major component parts and replacement parts). NHTSA suggests that if the manufacturer contemplates making any changes, the effects of which might be characterized as de minimis, it should consult the agency before preparing and submitting a petition to modify. Authority: 49 U.S.C. 33106; delegation of authority at 49 CFR 1.50. VerDate Mar<15>2010 16:29 Nov 07, 2011 Jkt 226001 Issued on: October 28, 2011. Christopher J. Bonanti, Associate Administrator for Rulemaking. [FR Doc. 2011–28936 Filed 11–7–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. DOT–NHTSA–2011–0157, Notice 1] Notice of Receipt of Petition for Decision that Nonconforming 1987– 1994 ALPINA Burkard Bovensiepen GmbH B11 Sedan Model Passenger Cars Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Notice. AGENCY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1987–1994 ALPINA B11 sedan 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. SUMMARY: The closing date for comments on the petition is December 8, 2011. 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 two copies are provided. If you wish to receive confirmation that your DATE: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 69323 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 19477–78). 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 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: George Stevens, Office of Vehicle Safety Compliance, NHTSA (202) 366–5308). 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 E:\FR\FM\08NON1.SGM 08NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 69324 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices 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 1987–1994 ALPINA B11 sedan 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 described the 1987–1994 ALPINA B11 sedan as a modified version of the 1987–1994 BMW 7-series (e32) sedan that was manufactured for sale in the United States and certified by BMW as complying with all applicable FMVSS. The petitioner noted, however, that these vehicles were altered by ALPINA and, as altered, were assigned vehicle identification numbers (VINs) by ALPINA that differ from those assigned to the base vehicles manufactured by BMW. In view of these circumstances, the petitioner acknowledged that it could not base its petition on the substantial similarity of the 1987–1994 ALPINA B11 sedan to the U.S.-certified 1987–1994 BMW 7-series (e32) sedan, but would instead need to establish import eligibility on the basis that the vehicles 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. The petitioner did note, however, that the 1987–1994 ALPINA B11 sedan utilizes the same components as the U.S.-certified 1987–1994 BMW 7series (e32) sedan in virtually all of the systems subject to the FMVSS. 101 Innovations submitted information with its petition intended to demonstrate that non-U.S. certified 1987–1994 ALPINA B11 sedans 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 that non-U.S. certified 1987–1994 ALPINA B11 sedans, 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 VerDate Mar<15>2010 16:29 Nov 07, 2011 Jkt 226001 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 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. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 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: November 2, 2011. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2011–28893 Filed 11–7–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Delays in Processing of Special Permits Applications Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of Applications Delayed more than 180 days. AGENCY: In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of Hazardous Materials Special Permits and Approvals, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC 20590–0001, (202) 366–4535. SUMMARY: Key to ‘‘Reason for Delay’’ 1. Awaiting additional information from applicant 2. Extensive public comment under review 3. Application is technically complex and is of significant impact or precedent-setting and requires extensive analysis 4. Staff review delayed by other priority issues or volume of special permit applications E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69323-69324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28893]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2011-0157, Notice 1]


Notice of Receipt of Petition for Decision that Nonconforming 
1987-1994 ALPINA Burkard Bovensiepen GmbH B11 Sedan Model Passenger 
Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
1987-1994 ALPINA B11 sedan 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 December 8, 
2011.

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 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 19477-78).
    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 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: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202) 366-5308).

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

[[Page 69324]]

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 1987-1994 ALPINA B11 sedan 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 described the 1987-1994 ALPINA B11 
sedan as a modified version of the 1987-1994 BMW 7-series (e32) sedan 
that was manufactured for sale in the United States and certified by 
BMW as complying with all applicable FMVSS. The petitioner noted, 
however, that these vehicles were altered by ALPINA and, as altered, 
were assigned vehicle identification numbers (VINs) by ALPINA that 
differ from those assigned to the base vehicles manufactured by BMW. In 
view of these circumstances, the petitioner acknowledged that it could 
not base its petition on the substantial similarity of the 1987-1994 
ALPINA B11 sedan to the U.S.-certified 1987-1994 BMW 7-series (e32) 
sedan, but would instead need to establish import eligibility on the 
basis that the vehicles 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. The petitioner did note, however, that the 1987-1994 ALPINA 
B11 sedan utilizes the same components as the U.S.-certified 1987-1994 
BMW 7-series (e32) sedan in virtually all of the systems subject to the 
FMVSS.
    101 Innovations submitted information with its petition intended to 
demonstrate that non-U.S. certified 1987-1994 ALPINA B11 sedans 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 that non-U.S. certified 1987-
1994 ALPINA B11 sedans, 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 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: November 2, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-28893 Filed 11-7-11; 8:45 am]
BILLING CODE 4910-59-P
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