
[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Notices]               
[Page 27890-27892]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my08-134]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2008-0094]

 
Notice of Receipt of Petition for Decision That Nonconforming 
1988-1994 ALPINA Burkard Bovensiepen GmbH B12 5.0 Model Passenger Cars 
Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1988-1994 ALPINA Burkard Bovensiepen GmbH (ALPINA) B12 5.0 model 
passenger cars are eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
1988-1994 ALPINA B12 5.0 model passenger cars that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards (FMVSS) are eligible for importation into the United States 
because they have safety features that comply with, or are capable of 
being altered to comply with, all such standards.

DATE: The closing date for comments on the petition is June 13, 2008.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. 
ET, Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that

[[Page 27891]]

two copies are provided. If you wish to receive confirmation that your 
comments were received, please enclose a stamped, self-addressed 
postcard with the comments. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-19478).
    How to Read Comments Submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://
www.regulations.gov.
    Follow the online instructions for accessing the dockets. The 
docket ID number and title of this notice are shown at the heading of 
this document notice. Please note that even after the comment closing 
date, we will continue to file relevant information in the Docket as it 
becomes available. Further, some people may submit late comments. 
Accordingly, we recommend that you periodically search the Docket for 
new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible for importation. The agency then publishes this decision in 
the Federal Register.
    101 Innovations, LLC, of Ferndale, Washington (101 
Innovations)(Registered Importer 07-350) has petitioned NHTSA to decide 
whether nonconforming 1988-1994 ALPINA B12 5.0 model passenger cars are 
eligible for importation into the United States. 101 Innovations 
believes that these vehicles are capable of being modified to meet all 
applicable FMVSS.
    In its petition, 101 Innovations stated its belief that 
nonconforming 1988-1994 ALPINA B12 5.0 model passenger cars are 
substantially similar to both the U.S. version 1988-1994 BMW 7-series 
(e32) passenger cars and the nonconforming 1988-1994 BMW 7-series (e32) 
passenger cars that are eligible for importation by Registered 
Importers under vehicle eligibility number VSP-299 and VSA-28. 101 
Innovations explained that the subject 1988-1994 ALPINA B12 5.0 model 
passenger cars were originally manufactured by BMW as 7-series (e32) 
passenger cars and were subsequently altered by ALPINA Burkard 
Bovensiepen GmbH. 101 Innovations additionally explained that ALPINA 
Burkard Bovensiepen GmbH assigned new VINs to the altered vehicles 
prior to the vehicles being sold as ALPINA brand vehicles in Europe and 
other regions outside of the United States. While there may be 
similarities between the 1988-1994 ALPINA B12 5.0 model passenger cars 
and the 1988-1994 BMW 7-series (e32) passenger cars that BMW has 
manufactured for importation into and sale in the United States, NHTSA 
has decided that due to the vehicle and VIN alterations, the 1988-1994 
ALPINA B12 5.0 model passenger cars cannot be regarded as substantially 
similar to 1988-1994 BMW 7-series (e32) passenger cars for the purpose 
of establishing import eligibility under section 30141(a)(1)(A). 
Therefore, we will construe 101 Innovation's petition as a petition 
pursuant to 49 U.S.C. 30141(a)(1)(B), seeking to establish import 
eligibility for the 1988-1994 ALPINA B12 5.0 model passenger cars on 
the basis that they have safety features that comply with, or are 
capable of being modified to comply with, the FMVSS based on 
destructive test data or such other evidence that NHTSA decides to be 
adequate.
    101 Innovations submitted information with its petition intended to 
demonstrate that non-U.S. certified 1988-1994 ALPINA B12 5.0 model 
passenger cars conform to many FMVSS and are capable of being altered 
to comply with all other standards to which they were not originally 
manufactured to conform.
    Specifically, the petitioner claims, based on a comparison with the 
U.S. certified 1988-1994 BMW 7-series (e32) passenger cars, that non-
U.S. certified 1988-1994 ALPINA B12 5.0 model passenger cars, as 
originally manufactured, conform to: Standard Nos. 102 Transmission 
Shift Lever Sequence, Starter Interlock, and Transmission Braking 
Effect, 103 Windshield Defrosting and Defogging Systems, 104 Windshield 
Wiping and Washing Systems, 105 Hydraulic Brake Systems, 106 Brake 
Hoses, 107 Reflecting Surfaces, 109 New Pneumatic Tires, 113 Hood Latch 
System, 116 Motor Vehicle Brake Fluids, 124 Accelerator Control 
Systems, 201 Occupant Protection in Interior Impact, 202 Head 
Restraints, 204 Steering Control Rearward Displacement, 205 Glazing 
Materials, 206 Door Locks and Door Retention Components, 207 Seating 
Systems, 210 Seat Belt Assembly Anchorages, 211 Wheel Nuts, Wheel Discs 
and Hub Caps, 212 Windshield Mounting, 214 Side Impact Protection, 216 
Roof Crush Resistance, 219 Windshield Zone Intrusion, 301 Fuel System 
Integrity, and 302 Flammability of Interior Materials.
    In addition, the petitioner claims that the vehicles comply with 
the Bumper Standard found in 49 CFR part 581.
    The petitioner also contends that the vehicles are capable of being 
altered to meet the following standards, in the manner indicated:
    Standard No. 101 Controls and Displays: Installation of U.S.-model 
instrument cluster and U.S.-version software.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: Installation of U.S.-model: (a) Headlamps; (b) front and 
rear side marker lamps; and (c) rear high mounted stop lamp and 
associated wiring.
    Standard No. 110 Tire Selection and Rims: Installation on the 
vehicle of a tire information placard.
    Standard No. 111 Rearview Mirrors: Installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 114 Theft Protection: Installation of U.S.-version 
software and a U.S.-model ignition switch to meet the requirements of 
this standard.
    Standard No. 115 Vehicle Identification: Installation of a vehicle 
identification plate near the left

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windshield post to meet the requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: Inspection of all vehicles and modification or deactivation of 
any remote activation features that cause the system not to conform to 
the standard.
    Standard No. 208 Occupant Crash Protection: (a) Installation of 
U.S.-model knee bolsters; and (b) inspection of all vehicles and 
replacement of any non U.S.-model air bag system components, including 
all warning systems, warning labels and telltales, with U.S.-model 
components on vehicles not already so equipped.
    Standard No. 209 Seat Belt Assemblies: Inspection of all vehicles 
and replacement of any non U.S.-model seat belt components on vehicles 
not already so equipped.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above addresses both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: May 8, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-10729 Filed 5-13-08; 8:45 am]

BILLING CODE 4910-59-P
