
[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]               
[Page 51164-51166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-187]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2010-0108, Notice 1]

 
Notice of Receipt of Petition for Decision That Nonconforming 
1990-1996 ALPINA Burkard Bovensiepen GmbH B12 2-Door Coupe Model 
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1990-1996 ALPINA Burkard Bovensiepen GmbH (ALPINA) B12 2-door coupe 
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 
1990-1996 ALPINA B12 2-door coupe 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.

DATES: The closing date for comments on the petition is September 17, 
2010.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:

[[Page 51165]]

     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 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 19477-78).
    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 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 1990-1996 ALPINA B12 2-door coupe 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 1990-1996 ALPINA B12 
2-door coupe as a modified version of the 1991-1997 BMW 8-series (e31) 
2-door coupe 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 by BMW. In view of 
these circumstances, the petitioner acknowledged that it could not base 
its petition on the substantial similarity of the 1990-1996 ALPINA B12 
2-door coupe to the U.S.-certified 1991-1997 BMW 8-series (e31) 2-door 
coupe, 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 1990-1996 ALPINA 
B12 2-door coupe utilizes the same components as the U.S.-certified 
1991-1997 BMW 8-series (e31) 2-door coupe 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 1990-1996 ALPINA B12 2-door coupe 
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 that non-U.S. certified 1990-
1996 ALPINA B12 2-door coupe 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.

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    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: August 12, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-20433 Filed 8-17-10; 8:45 am]
BILLING CODE 4910-59-P

