Notice of Receipt of Petition for Decision that Nonconforming 2005-2007 Alpina B5 Passenger Cars Manufactured Before September 1, 2006 Are Eligible for Importation, 30961-30963 [2013-12356]
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
be required to submit to random
audits and to provide accredited audit
reports to MarAd on a scheduled
basis.
—Need for and Use of the Information:
The information collected will be
used to analyze the applicant’s
methods and process of instruction in
providing information that is
comprehensive in scope and
consistent with the USCG Model
Course. Information arising under
training provider audits will be used
to ensure that certified training
providers remain qualified throughout
the certification period. The training
provider agreement is necessary to
establish an understanding between
the agency and the training provider
that certain terms must be met in
order to hold and maintain MarAd
training provider certification.
Without this information, MarAd
would not be able to offer the benefit
of its training provider certification to
program applicants. In addition,
MarAd training provider certification
will assist the USCG in ensuring
cruise vessel CVSSA compliance.
—Description of Respondents:
Individuals, partnerships, or
corporations seeking training provider
certification.
—Annual Responses: Once the Program
is implemented, the agency
anticipates between 25–35
submissions each year. Certification is
anticipated to span a period of 5 years
before expiration and renewal.
However, the agency does anticipate
the collection of information annually
from the same estimated number of
training providers seeking to maintain
their certification by complying with
agency audits.
—Annual Burden: 40 hours per program
participant.
(Authority: The Cruise Vessel Security
and Safety Act of 2010, 46 U.S.C.
§ 3508)
*
*
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*
sroberts on DSK5SPTVN1PROD with NOTICES
Dated: May 17, 2013
By Order of the Maritime Administrator.
Julie Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–12300 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–81–P
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2013–0057]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
LITTLE DUTCH; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
SUMMARY: As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
June 24, 2013.
ADDRESSES: Comments should refer to
docket number MARAD–2013–0057.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email
Linda.Williams@dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel LITTLE DUTCH is:
Intended Commercial Use of Vessel:
‘‘Carrying up to six passengers for day
trips, sunset sails, weekend or full week
sails on a seasonal basis’’.
Geographic Region: ‘‘New York, New
Jersey, Connecticut, Rhode Island and
Massachusetts’’.
The complete application is given in
DOT docket MARAD–2013–0057 at
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
30961
https://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR part 388.
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 (Volume
65, Number 70; Pages 19477–78).
By Order of the Maritime Administrator.
Dated: May 16, 2013.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–12187 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–81–P
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
National Highway Traffic
Safety Administration, DOT.
ACTION: Receipt of petition.
AGENCY:
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
E:\FR\FM\23MYN1.SGM
23MYN1
30962
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
because they have safety features that
comply with, or are capable of being
altered to comply with, all such
standards.
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
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.
sroberts on DSK5SPTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
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
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
(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 5series, and installation of the highmounted 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.
E:\FR\FM\23MYN1.SGM
23MYN1
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
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
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
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]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2011–0083; Notice 2]
Michelin North America, Incorporated,
Grant of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration, DOT.
ACTION: Grant of Petition.
AGENCY:
SUMMARY: Michelin North America, Inc.
(MNA), has determined that certain
Michelin brand passenger car
replacement tires, do not fully comply
with paragraph S5.5 1 of Federal Motor
Vehicle Safety Standard (FMVSS) No.
139, New pneumatic radial tires for light
vehicles. MNA has filed an appropriate
report pursuant to 49 CFR Part 573,
Defect and Noncompliance
Responsibility and Reports on June 2,
2011.
Pursuant to 49 U.S.C. 30118(d) and
30120(h) and the rule implementing
those provisions at 49 CFR Part 556,
MNA has petitioned for an exemption
from the notification and remedy
requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is
inconsequential to motor vehicle safety.
Notice of receipt of the petition was
published, with a 30-day public
comment period, on April 4, 2012 in the
Federal Register (77 FR 20483). No
comments were received. To view the
petition and all supporting documents
log onto the Federal Docket
Management System (FDMS) Web site
1 In its petition MNA states its belief that the
subject tires do not meet the load marking
requirements of 49 CFR Part 571.139 S5.5(d).
However, the actual noncompliance is due to an
error in the tire size designation marking required
by 49 CFR 571.139 S5.5(b) which causes the load
marking to appear to be incorrect.
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Frm 00122
Fmt 4703
Sfmt 4703
30963
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2011–
0083.’’
For further information on this
decision contact Mr. Jack Chern, Office
of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–0661, facsimile (202) 493–
0073.
Tires Involved: Affected are
approximately 17,500 Michelin Primacy
MXV4 TL passenger car replacement
tires labeled as sizes P205 65 R15 94H,
P205 65 R15 94V, and P225 55 R17 97H
that were manufactured by SC Michelin
Romania SA in Victoria, Romania
between January 9, 2011 and May 28,
2011.
Summary of MNA’s Analysis And
Arguments: MNA explained that the
noncompliance is a tire sidewall
labeling error. A prefix letter ‘‘P’’ was
inadvertently added to the tire size
designation required by paragraph S5.5
(b) by FMVSS No. 139.
The tire was designed to comply with
the European Tyre and Rim Technical
Organization (ETRTO) standard for
maximum load and inflation pressure.
The Max Load and Max Pressure
markings on the tire are correct and the
tire passes all certification requirements
at the marked loads/pressures under 49
CFR 571.139. The mix of ETRTO loads
with the ‘‘P’’-metric size designation
causes the tire to be noncompliant with
both the ETRTO standard and the Tire
and Rim Association (T&RA) standard,
thus becoming noncompliant with the
labeling requirements of 49 CPR 571.139
S5.5. All other markings are compliant
with the FMVSS requirements.
MNA stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
1. Both the 205/65 R15 and the 225/
55 R17 radial tire were originally
conceived as a Euro-metric radial tire.
Both tires when certifying to DOT
requirements were tested in accordance
with safety standard FMVSS No. 139 as
well as the ETRTO standard for
dimensions, pressure, load, and
performance. The subject tires meet or
exceed all of the minimum performance
requirements for FMVSS No. 139 at the
load and pressure marked on the
respective sidewall.
2. The P-metric version of the tire
dimensions specify a maximum load
and pressure that is less than the
maximum load and associated pressure
of the Euro-metric dimension.
Performance capabilities as P-metric
dimensions exceed all P-metric
requirements.
E:\FR\FM\23MYN1.SGM
23MYN1
Agencies
[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30961-30963]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12356]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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: 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]
BILLING CODE 4910-59-P