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Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014 BMW X3 Multipurpose Passenger Vehicles Are Eligible for Importation


American Government

Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014 BMW X3 Multipurpose Passenger Vehicles Are Eligible for Importation

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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
 BILLING CODE 4910-59-P

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