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