Notice of Receipt of Petition for Decision that Nonconforming 1988-1996 Alpina B10 Passenger Cars Are Eligible for Importation, 59092-59093 [2013-23358]

Download as PDF 59092 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Notices In consideration of the foregoing, NHTSA has decided that Nissan has met its burden of persuasion that the FMVSS No. 102 noncompliance is inconsequential to motor vehicle safety. Accordingly, Nissan’s petition is hereby granted and Nissan is exempted from the obligation of providing notification of, and a remedy for, that noncompliance under 49 U.S.C. 30118 and 30120. 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. Therefore, this decision only applies to approximately 45,167 vehicles that Nissan no longer controlled at the time that it determined that a noncompliance existed in the subject vehicles. However, the granting of this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant tires under their control after Nissan notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–23360 Filed 9–24–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2013–0064; Notice 1] Notice of Receipt of Petition for Decision that Nonconforming 1988– 1996 Alpina B10 Passenger Cars Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. AGENCY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 1988–1996 Alpina B10 passenger cars that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible for mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:20 Sep 24, 2013 Jkt 229001 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. October 25, 2013. 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: Send comments by mail addressed to: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001 • Hand Delivery: Deliver comments by hand to: 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. • Electronically: Submit comments electronically by: logging onto the Federal Docket Management System (FDMS) Web site at http:// www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (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 http:// www.regulations.gov, including any personal information provided. Documents submitted to a docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the Internet at http:// www.regulations.gov by following the online instructions for accessing the dockets. DOT’s complete Privacy Act Statement is available for review in the Federal Register published on April 11, 2000 (65 FR 19477–78). 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, DATES: ADDRESSES: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 notice of the decision will be published in the Federal Register pursuant to the authority indicated below. 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 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 Lummi Island, WA (Registered Importer 07– 350) has petitioned NHTSA to decide whether nonconforming 1988–1996 Alpina B10 passenger cars are eligible for importation into the United States. 101 Innovations 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 2005–2007 (manufactured before September 1, 2006) Alpina B5 series, 1987–1994 Alpina B11 sedan, the 1989–1996 Alpina B12 2-door coupe, and the 1988– 1994 Alpina B12 5.0 sedan (assigned vehicle eligibility numbers VCP–53, VCP–48, VCP–43, and VCP–41, respectively). These eligibility decisions were based on petitions submitted by Registered Importers (RIs) 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 E:\FR\FM\25SEN1.SGM 25SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Notices 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 101 Innovation’s petition as a petition pursuant to 49 U.S.C. 30141(a)(1)(B). 101 Innovations submitted information with its petition intended to demonstrate that non-U.S. certified 1988–1996 Alpina B10 passenger cars, as originally manufactured, conform to many FMVSS. Specifically, the petitioner claims that non-U.S. certified 1988–1996 Alpina B10 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 and Electric Brake Systems, 106 Brake Hoses, 107 Reflective 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 Disks, 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. 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 E34 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 front and rear marker lights with components from the U.S.-model BMW E34 5-series, and installation of the high-mounted stop light assembly from the U.S.-model BMW E34 5-series. 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 VerDate Mar<15>2010 17:20 Sep 24, 2013 Jkt 229001 rearview mirror with a component from the U.S.-model BMW E34 5-series or inscription of the required warning statement on the face of that mirror. Standard No. 114 Theft Protection and Rollaway Prevention: activation of occupant warning chime by reprogramming vehicle modules and inspection and replacement of ignition switch with component from the U.S.model BMW E34 5-series if necessary to incorporate key detection micro switch. Standard No. 115 Vehicle Identification Number: installation of a VIN plate near the left windshield pillar. Standard No. 118 Power-operated Window, Partition, and Roof Panel Systems: inspection of early models of these vehicles for remote activation devices that exceed the distance limitations of this standard. Systems not conforming to this standard will be disabled to achieve conformity. Standard No. 208 Occupant Crash Protection: installation of airbag system components from the U.S.-model BMW E34 5-series as necessary. Installation of driver and/or passenger knee bolsters that conform to the requirements of this standard. Standard No. 209 Seat Belt Assemblies: inspection of seat belt assemblies and replacement of any nonconforming components with U.S.model BMW E34 5-series components. 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. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2013–23358 Filed 9–24–13; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. EP 290 (Sub-No. 5) (2013–4)] Quarterly Rail Cost Adjustment Factor AGENCY: Surface Transportation Board, DOT ACTION: Approval of rail cost adjustment factor. The Board has approved the fourth quarter 2013 rail cost adjustment factor (RCAF) and cost index filed by the Association of American Railroads. The fourth quarter 2013 RCAF (Unadjusted) is 0.975. The fourth quarter 2013 RCAF (Adjusted) is 0.423. The fourth quarter 2012 RCAF–5 is 0.399. SUMMARY: DATES: PO 00000 Effective Date: October 1, 2013. Frm 00103 Fmt 4703 Sfmt 4703 59093 FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245–0333. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877–8339. SUPPLEMENTARY INFORMATION: In Railroad Cost Recovery Procedures, 1 I.C.C. 2d 207 (1984), the Interstate Commerce Commission (ICC) outlined the procedures for calculating the allinclusive index of railroad input prices and the method for computing the rail cost adjustment factor (RCAF). Under the procedures, the Association of American Railroads (AAR) is required to calculate the index on a quarterly basis and submit it to the agency on the fifth day of the last month of each calendar quarter. In Railroad Cost Recovery Procedures—Productivity Adjustment, 5 I.C.C. 2d 434 (1989), aff’d sub nom. Edison Electric Institute v. ICC, 969 F.2d 1221 (D.C. Cir. 1992), the ICC adopted procedures that require the adjustment of the quarterly index for a measure of productivity. The provisions of 49 U.S.C. 10708 direct the Surface Transportation Board (Board) to continue to publish both an unadjusted RCAF and a productivityadjusted RCAF. In Productivity Adjustment—Implementation, 1 S.T.B. 739 (1996), the Board decided to publish a second productivity-adjusted RCAF called the RCAF–5. Consequently, three indices are now filed with the Board: the RCAF (Unadjusted); the RCAF (Adjusted); and the RCAF–5. The RCAF (Unadjusted) is an index reflecting cost changes experienced by the railroad industry, without reference to changes in rail productivity. The RCAF (Adjusted) is an index that reflects national average productivity changes as originally developed and applied by the ICC, the calculation of which is currently based on a 5-year moving average. The RCAF– 5 is an index that also reflects national average productivity changes; however, those productivity changes are calculated as if a 5-year moving average had been applied consistently from the productivity adjustment’s inception in 1989. The index of railroad input prices, RCAF (Unadjusted), RCAF (Adjusted), and RCAF–5 for the fourth quarter of 2013 are shown in Table A of the Appendix to this decision. Table B shows the second quarter 2013 index and the RCAF calculated on both an actual and a forecasted basis. The difference between the actual calculation and the forecasted calculation is the forecast error adjustment. The weights for each major cost component of the all-inclusive cost E:\FR\FM\25SEN1.SGM 25SEN1

Agencies

[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 59092-59093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23358]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0064; Notice 1]


Notice of Receipt of Petition for Decision that Nonconforming 
1988-1996 Alpina B10 Passenger Cars 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 1988-1996 Alpina B10 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.

DATES: October 25, 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: Send comments by mail addressed to: U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001
     Hand Delivery: Deliver comments by hand to: 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.
     Electronically: Submit comments electronically by: logging 
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting 
comments. Comments may also be faxed to (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, 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.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    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.

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 
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 Lummi Island, WA (Registered Importer 07-
350) has petitioned NHTSA to decide whether nonconforming 1988-1996 
Alpina B10 passenger cars are eligible for importation into the United 
States. 101 Innovations 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 
2005-2007 (manufactured before September 1, 2006) Alpina B5 series, 
1987-1994 Alpina B11 sedan, the 1989-1996 Alpina B12 2-door coupe, and 
the 1988-1994 Alpina B12 5.0 sedan (assigned vehicle eligibility 
numbers VCP-53, VCP-48, VCP-43, and VCP-41, respectively). These 
eligibility decisions were based on petitions submitted by Registered 
Importers (RIs) 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

[[Page 59093]]

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 101 
Innovation's petition as a petition pursuant to 49 U.S.C. 
30141(a)(1)(B).
    101 Innovations submitted information with its petition intended to 
demonstrate that non-U.S. certified 1988-1996 Alpina B10 passenger 
cars, as originally manufactured, conform to many FMVSS. Specifically, 
the petitioner claims that non-U.S. certified 1988-1996 Alpina B10 
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 and 
Electric Brake Systems, 106 Brake Hoses, 107 Reflective 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 Disks, 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.
    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 E34 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 front and rear marker 
lights with components from the U.S.-model BMW E34 5-series, and 
installation of the high-mounted stop light assembly from the U.S.-
model BMW E34 5-series.
    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 component from the U.S.-model BMW E34 5-
series or inscription of the required warning statement on the face of 
that mirror.
    Standard No. 114 Theft Protection and Rollaway Prevention: 
activation of occupant warning chime by reprogramming vehicle modules 
and inspection and replacement of ignition switch with component from 
the U.S.-model BMW E34 5-series if necessary to incorporate key 
detection micro switch.
    Standard No. 115 Vehicle Identification Number: installation of a 
VIN plate near the left windshield pillar.
    Standard No. 118 Power-operated Window, Partition, and Roof Panel 
Systems: inspection of early models of these vehicles for remote 
activation devices that exceed the distance limitations of this 
standard. Systems not conforming to this standard will be disabled to 
achieve conformity.
    Standard No. 208 Occupant Crash Protection: installation of airbag 
system components from the U.S.-model BMW E34 5-series as necessary. 
Installation of driver and/or passenger knee bolsters that conform to 
the requirements of this standard.
    Standard No. 209 Seat Belt Assemblies: inspection of seat belt 
assemblies and replacement of any non-conforming components with U.S.-
model BMW E34 5-series components.

    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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-23358 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-59-P