83_FR_32843 83 FR 32708 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014 BMW X3 Multipurpose Passenger Vehicles Are Eligible for Importation

83 FR 32708 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2014 BMW X3 Multipurpose Passenger Vehicles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 135 (July 13, 2018)

Page Range32708-32709
FR Document2018-15026

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.

Federal Register, Volume 83 Issue 135 (Friday, July 13, 2018) 
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32708-32709]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 4910-59-P

32708 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 133(b)(11)]; Flood Disaster Protection because they are substantially similar to pursuant to the authority indicated at Act [42 U.S.C. 4001–4128]. vehicles that were originally the end of this notice. 8. Hazardous Materials: manufactured for sale in the United All comments, background Comprehensive Environmental States and that were certified by their documentation, and supporting Response, Compensation, and Liability manufacturer as complying with the materials submitted to the docket may Act (CERCLA) [42 U.S.C. 9601–9675]; safety standards (the U.S.-certified be viewed by anyone at the address and Superfund Amendments and version of the 2014 BMW X3 MPV) and times given above. The documents may Reauthorization Act of 1986 (SARA); they are capable of being readily altered also be viewed on the internet at https:// Resource Conservation and Recovery to conform to the standards. www.regulations.gov by following the Act (RCRA) [42 U.S.C. 6901–6992(k)]. DATES: The closing date for comments online instructions for accessing the 9. Executive Orders: E.O. 11990 on the petition is August 13, 2018. dockets. The docket ID number for this Protection of Wetlands; E.O. 11988 ADDRESSES: Interested persons are petition is shown in the heading of this Floodplain Management; E.O. 12898, invited to submit written data, views, notice. Federal Actions to Address and arguments on this petition. DOT’s complete Privacy Act Environmental Justice in Minority Comments must refer to the docket and Statement is available for review in a Populations and Low-Income notice number cited in the title of this Federal Register notice published on Populations; E.O. 11593 Protection and notice and may be submitted by any of April 11, 2000, (65 FR 19477–78). Enhancement of Cultural Resources; the following methods: FOR FURTHER INFORMATION CONTACT: E.O. 13007 Indian Sacred Sites; E.O. • Mail: Send comments by mail George Stevens, Office of Vehicle Safety 13287 Preserve America; E.O. 13175 addressed to U.S. Department of Compliance, NHTSA (202–366–5308). Consultation and Coordination with Transportation, Docket Operations, M– SUPPLEMENTARY INFORMATION: Indian Tribal Governments; E.O. 11514 30, West Building Ground Floor, Room I. History: Under 49 U.S.C. Protection and Enhancement of W12–140, 1200 New Jersey Avenue SE, 30141(a)(1)(A), a motor vehicle that was Environmental Quality; E.O. 13112 Washington, DC 20590. not originally manufactured to conform Invasive Species. • Hand Delivery: Deliver comments to all applicable FMVSS shall be refused (Catalog of Federal Domestic Assistance by hand to U.S. Department of admission into the United States unless Program Number 20.205, Highway Planning Transportation, Docket Operations, M– NHTSA has decided that the motor and Construction. The regulations 30, West Building Ground Floor, Room vehicle is substantially similar to a implementing Executive Order 12372 W12–140, 1200 New Jersey Avenue SE, motor vehicle originally manufactured regarding intergovernmental consultation on Washington, DC 20590. The Docket for importation into and sale in the Federal programs and activities apply to this program.) Section is open on weekdays from 10 United States, certified under 49 U.S.C. a.m. to 5 p.m. except Federal Holidays. 30115, and of the same model year as Authority: 23 U.S.C. 139(l)(1) • Electronically: Submit comments the model of the motor vehicle to be Issued on: July 3, 2018. electronically by logging onto the compared, and is capable of being Federal Docket Management System readily altered to conform to all Clarence W. Coleman, (FDMS) website at https:// applicable FMVSS. Preconstruction and Environment Director, www.regulations.gov/. Follow the online Petitions for eligibility decisions may Raleigh, North Carolina. instructions for submitting comments. be submitted by either manufacturers or [FR Doc. 2018–14805 Filed 7–12–18; 8:45 am] • Comments may also be faxed to importers who have registered with BILLING CODE 4910–RY–P (202) 493–2251. NHTSA pursuant to 49 CFR part 592. As Comments must be written in the specified in 49 CFR 593.7, NHTSA English language, and be no greater than publishes notice in the Federal Register DEPARTMENT OF TRANSPORTATION 15 pages in length, although there is no of each petition that it receives, and National Highway Traffic Safety limit to the length of necessary affords interested persons an Administration attachments to the comments. If opportunity to comment on the petition. comments are submitted in hard copy At the close of the comment period, [Docket No. NHTSA–2017–0029; Notice 1] form, please ensure that two copies are NHTSA decides, on the basis of the provided. If you wish to receive petition and any comments that it has Notice of Receipt of Petition for confirmation that comments you have received, whether the vehicle is eligible Decision That Nonconforming Model submitted by mail were received, please for importation. The agency then Year 2014 BMW X3 Multipurpose enclose a stamped, self-addressed publishes this decision in the Federal Passenger Vehicles Are Eligible for postcard with the comments. Note that Register. Importation all comments received will be posted II. Summary of Petition: Wallace AGENCY: National Highway Traffic without change to https:// Environmental Testing Laboratories Inc. Safety Administration (NHTSA), www.regulations.gov, including any (WETL) of Houston, Texas (Registered Department of Transportation (DOT). personal information provided. Importer R–90–005) has petitioned ACTION: Receipt of petition. All comments and supporting NHTSA to decide whether materials received before the close of nonconforming 2014 BMW X3 MPVs are SUMMARY: This document announces business on the closing date indicated eligible for importation into the United receipt by the National Highway Traffic above will be filed in the docket and States. The vehicles which WETL Safety Administration (NHTSA) of a will be considered. All comments and believes are substantially similar are MY sradovich on DSK3GMQ082PROD with NOTICES petition for a decision that model year supporting materials received after the 2014 BMW X3 MPVs sold in the United (MY) 2014 BMW X3 multipurpose closing date will also be filed and will States and certified by their passenger vehicles (MPVs) that were not be considered to the fullest extent manufacturer as conforming to all originally manufactured to comply with possible. applicable FMVSS. all applicable Federal motor vehicle When the petition is granted or The petitioner claims that it compared safety standards (FMVSS), are eligible denied, notice of the decision will also non-U.S.-certified MY 2014 BMW X3 for importation into the United States be published in the Federal Register MPVs to their U.S.-certified VerDate Sep<11>2014 16:47 Jul 12, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1

Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices 32709 counterparts, and found the vehicles to warning buzzer, or activation of the comply with all applicable Federal be substantially similar with respect to U.S.-version software to meet the Motor Vehicle Safety Standards compliance with most FMVSS. requirements of this standard. (FMVSS) are eligible for importation WETL submitted information with its Standard No. 208 Occupant Crash into the United States because they are petition intended to demonstrate that Protection: Replacement of the front and substantially similar to vehicles non-U.S.-certified MY 2014 BMW X3 rear upper seatbelt assemblies, front originally manufactured for sale in the MPVs, as originally manufactured, driver and passenger air bag modules, United States and certified by their conform to many applicable FMVSS in front knee pad air bag module, front manufacturers as complying with the the same manner as their U.S.-certified passenger adapter cable, and front safety standards, and they are capable of counterparts, or are capable of being passenger classification sensor. Removal being readily altered to conform to the readily altered to conform to those of the passenger air bag deactivation standards or because they have safety standards. switch and reprogramming of the features that comply with, or are Specifically, the petitioner claims that Advanced Crash Safety Module (ACSM) capable of being altered to comply with, the non U.S.-certified MY 2014 BMW with U.S.-version software. all applicable FMVSS. X3 MPVs, as originally manufactured, Standard No. 209 Seat Belt DATES: These decisions became effective conform to: Standard Nos. 102 Assemblies: Replacement of seat belt on the dates specified in Annex A. Transmission Shift Position Sequence, assemblies with U.S.-certified FOR FURTHER INFORMATION CONTACT: Mr. Starter Interlock, and Transmission components as previously stated under Braking Effect, 103 Windshield George Stevens, Office of Vehicle Safety FMVSS No. 208. Compliance, NHTSA (202–366–5308). Defrosting and Defogging Systems, 104 Standard No. 301 Fuel System Windshield Wiping and Washing SUPPLEMENTARY INFORMATION: Integrity: Installation of a rollover valve Systems, 106 Brake Hoses, 113 Hood in the fuel tank vent line to meet the Background Latch System, 116 Motor Vehicle Brake requirements of this standard. Fluids, 118 Power-Operated Window, Under 49 U.S.C. 30141(a)(1)(A), a The petitioner additionally states that motor vehicle that was not originally Partition, and Roof panel Systems, 124 a vehicle identification plate must be Accelerator Control Systems, 126 manufactured to conform to all affixed to the vehicle near the left applicable FMVSS shall be refused Electronic Stability Control Systems for windshield pillar to meet the Light Vehicles, 135 Light Vehicle Brake admission into the United States unless requirements of 49 CFR part 565. NHTSA has decided that the motor Systems, 138 Tire Pressure Monitoring III. Comments: All comments received Systems, 201 Occupant Protection in vehicle is substantially similar to a before the close of business on the motor vehicle originally manufactured Interior Impact, 202a Head Restraints, closing date indicated above will be 204 Steering Control Rearward for importation into and/or sale in the considered, and will be available for United States, certified under 49 U.S.C. Displacement, 205 Glazing Materials, examination in the docket at the above 206 Door Locks and Door Retention 30115, and of the same model year as addresses both before and after that the model of the motor vehicle to be Components, 207 Seating Systems, 210 date. To the extent possible, comments Seat Belt Assembly Anchorages, 212 compared, and is capable of being filed after the closing date will also be readily altered to conform to all Windshield Mounting, 214 Side Impact considered. Notice of final action on the Protection, 216 Roof Crush Resistance, applicable FMVSS. petition will be published in the Where there is no substantially 219 Windshield Zone Intrusion, 225 Federal Register pursuant to the Child Restraint Anchorage Systems, and similar U.S.-certified motor vehicle, 49 authority indicated below. U.S.C. 30141(a)(1)(B) permits a 302 Flammability of Interior Materials. The petitioner also contends that the Authority: 49 U.S.C. 30141(a)(1)(A), nonconforming motor vehicle to be subject non-U.S.-certified vehicles are (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation admitted into the United States if its of authority at 49 CFR 1.95 and 501.8. safety features comply with, or are capable of being readily altered to meet the following standards, in the manner Michael A. Cole, capable of being altered to comply with, indicated: Acting Director, Office of Vehicle Safety all applicable FMVSS based on Standard No. 101 Controls and Compliance. destructive test data or such other Displays: Replacement of the [FR Doc. 2018–15026 Filed 7–12–18; 8:45 am] evidence as NHTSA decides to be speedometer and brake warning adequate. BILLING CODE 4910–59–P indicator with the U.S.-model Petitions for eligibility decisions may components as described in the petition. be submitted by either manufacturers or Standard No. 108 Lamps, Reflective DEPARTMENT OF TRANSPORTATION importers who have registered with Devices and Associated Equipment: NHTSA pursuant to 49 CFR part 592. As Replacement of the headlamps, National Highway Traffic Safety specified in 49 CFR part 593.7, NHTSA taillamps, and front and rear side Administration publishes notice in the Federal Register markers with U.S.-model components. of each petition that it receives, and [Docket No. NHTSA–2018–0068] affords interested persons an Standard No. 110 Tire Selection and Rims and Motor Home/Recreation Decision That Certain Nonconforming opportunity to comment on the petition. Vehicle Trailer Load Carrying Capacity Motor Vehicles Are Eligible for At the close of the comment period, Information for Motor Vehicles With a Importation NHTSA decides, on the basis of the GVWR of 4,536 Kilograms (10,000 petition and any comments that it has sradovich on DSK3GMQ082PROD with NOTICES Pounds) or Less: Installation of the AGENCY: National Highway Traffic received, whether the vehicle is eligible required tire information placard. Safety Administration (NHTSA), for importation. The agency then Standard No. 111 Rear Visibility: Department of Transportation (DOT). notifies the petitioner of its decision by Inscription of the required warning ACTION: Grant of petitions. letter and publishes public notification statement on the face of the passenger of the decision in the Federal Register. mirror. SUMMARY: This document announces NHTSA received petitions from Standard No. 114 Theft Protection: decisions by NHTSA that certain motor registered importers to decide whether Installation of a supplemental key vehicles not originally manufactured to the vehicles listed in Annex A to this VerDate Sep<11>2014 16:47 Jul 12, 2018 Jkt 244001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1


Document Created: 2018-07-13 01:04:29
Document Modified: 2018-07-13 01:04:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is August 13, 2018.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation83 FR 32708 
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