Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014 BMW X3 Multipurpose Passenger Vehicles Are Eligible for Importation |
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Michael A. Cole
National Highway Traffic Safety Administration
13 July 2018
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32708-32709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15026]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2017-0029; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2014 BMW X3 Multipurpose Passenger Vehicles Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (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
model year (MY) 2014 BMW X3 multipurpose passenger vehicles (MPVs) 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 are substantially similar to
vehicles that were originally manufactured for sale in the United
States and that were certified by their manufacturer as complying with
the safety standards (the U.S.-certified version of the 2014 BMW X3
MPV) and they are capable of being readily altered to conform to the
standards.
DATES: The closing date for comments on the petition is August 13,
2018.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and may be
submitted by any of the following methods:
Mail: Send comments by mail addressed to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver comments by hand to U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website 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 comments you have submitted by mail 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.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the 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. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000, (65 FR 19477-78).
FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA (202-366-5308).
SUPPLEMENTARY INFORMATION:
I. History: Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that
was not originally manufactured to conform to all applicable FMVSS
shall be refused admission into the United States unless NHTSA has
decided that the motor vehicle is substantially similar to a motor
vehicle originally manufactured for importation into and sale in the
United States, certified under 49 U.S.C. 30115, and of the same model
year as the model of the motor vehicle to be compared, and is capable
of being readily altered to conform to all applicable FMVSS.
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.
II. Summary of Petition: Wallace Environmental Testing Laboratories
Inc. (WETL) of Houston, Texas (Registered Importer R-90-005) has
petitioned NHTSA to decide whether nonconforming 2014 BMW X3 MPVs are
eligible for importation into the United States. The vehicles which
WETL believes are substantially similar are MY 2014 BMW X3 MPVs sold in
the United States and certified by their manufacturer as conforming to
all applicable FMVSS.
The petitioner claims that it compared non-U.S.-certified MY 2014
BMW X3 MPVs to their U.S.-certified
[[Page 32709]]
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS.
WETL submitted information with its petition intended to
demonstrate that non-U.S.-certified MY 2014 BMW X3 MPVs, as originally
manufactured, conform to many applicable FMVSS in the same manner as
their U.S.-certified counterparts, or are capable of being readily
altered to conform to those standards.
Specifically, the petitioner claims that the non U.S.-certified MY
2014 BMW X3 MPVs, as originally manufactured, conform to: Standard Nos.
102 Transmission Shift Position Sequence, Starter Interlock, and
Transmission Braking Effect, 103 Windshield Defrosting and Defogging
Systems, 104 Windshield Wiping and Washing Systems, 106 Brake Hoses,
113 Hood Latch System, 116 Motor Vehicle Brake Fluids, 118 Power-
Operated Window, Partition, and Roof panel Systems, 124 Accelerator
Control Systems, 126 Electronic Stability Control Systems for Light
Vehicles, 135 Light Vehicle Brake Systems, 138 Tire Pressure Monitoring
Systems, 201 Occupant Protection in Interior Impact, 202a 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 subject non-U.S.-certified
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
speedometer and brake warning indicator with the U.S.-model components
as described in the petition.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Replacement of the headlamps, taillamps, and front and rear
side markers with U.S.-model components.
Standard No. 110 Tire Selection and Rims and Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles
With a GVWR of 4,536 Kilograms (10,000 Pounds) or Less: Installation of
the required tire information placard.
Standard No. 111 Rear Visibility: Inscription of the required
warning statement on the face of the passenger mirror.
Standard No. 114 Theft Protection: Installation of a supplemental
key warning buzzer, or activation of the U.S.-version software to meet
the requirements of this standard.
Standard No. 208 Occupant Crash Protection: Replacement of the
front and rear upper seatbelt assemblies, front driver and passenger
air bag modules, front knee pad air bag module, front passenger adapter
cable, and front passenger classification sensor. Removal of the
passenger air bag deactivation switch and reprogramming of the Advanced
Crash Safety Module (ACSM) with U.S.-version software.
Standard No. 209 Seat Belt Assemblies: Replacement of seat belt
assemblies with U.S.-certified components as previously stated under
FMVSS No. 208.
Standard No. 301 Fuel System Integrity: Installation of a rollover
valve in the fuel tank vent line to meet the requirements of this
standard.
The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicle near the left windshield pillar to
meet the requirements of 49 CFR part 565.
III. Comments: 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.
Michael A. Cole,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-15026 Filed 7-12-18; 8:45 am]
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