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Notice of Receipt of Petition for Decision that Nonconforming Model Year 1991 BMW M3 Convertible Passenger Cars Are Eligible for Importation

American Government Special Collections Reference Desk

American Government Topics:  BMW M3

Notice of Receipt of Petition for Decision that Nonconforming Model Year 1991 BMW M3 Convertible Passenger Cars Are Eligible for Importation

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
May 29, 2015


[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Pages 30761-30762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12967]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0097; Notice 1]


Notice of Receipt of Petition for Decision that Nonconforming 
Model Year 1991 BMW M3 Convertible Passenger Cars Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, 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 
nonconforming model year (MY) 1991 BMW M3 convertible 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: June 29, 2015.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Send comments by mail addressed to: U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver comments by hand to: 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.
     Electronically: Submit comments electronically by: Logging 
onto the Federal Docket Management System (FDMS) Web site at http://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 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.
    Documents submitted to a docket may be viewed by anyone at the 
address and times give above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78)
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

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.
    G&K Automotive Conversion, Inc. of Santa Ana, CA (Registered 
Importer R90-007) has petitioned NHTSA to decide whether nonconforming 
MY 1991 BMW M3 convertible passenger cars are eligible for importation 
into the United States.
    G&K noted in its petition that although conforming MY 1991 BMW M3 
vehicles were not sold in the U.S., NHTSA has determined that 
nonconforming MY 1989 BMW M3 vehicles are eligible for importation. G&K 
compared the nonconforming MY 1991 BMW M3 vehicles to the nonconforming 
MY 1989 BMW M3 vehicles that have been determined eligible for 
importation, and based its arguments that the 1991 BMW M3 vehicles 
conform to many applicable FMVSS, and are capable of being altered to 
meet the remainder of the applicable FMVSS, in part, on the 
similarities between the MY 1989 and MY 1991 vehicles.
    Specifically, the petitioner claims that non-U.S. certified MY 1991 
BMW M3 convertible 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 Reflective Surfaces; 109 
New Pneumatic Tires; 113 Hood Latch System; 115 Vehicle Identification 
Number--Basic Requirements; 116 Motor Vehicle Brake Fluids; 118 Power-
Operated Window Systems; 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; 209 Seat Belt 
Assemblies; 210 Seat Belt Assembly Anchorages; 211 Wheel Nuts, Wheel 
Disks, 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.
    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: addition of the word 
``BRAKE'' to the brake system warning indicator lamp located on the 
instrument cluster.

[[Page 30762]]

    Standard No. 108 Lamps, Reflective Devices, and Associated 
Equipment: installation of U.S.-model high mounted stop lamp.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: replacement of the passenger 
side rearview mirror with a U.S.-model component or inscription of the 
required warning statement on the face of that 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: installation of a seat 
belt warning symbol in the dash, a U.S.-model airbag system, and U.S.-
model knee bolsters.
    The petitioner also states that a vehicle identification plate must 
be affixed to the vehicles near the left windshield post to meet the 
requirements of 49 CFR part 565 and that a certification label must be 
affixed to the driver's door jamb to meet the requirements of 49 CFR 
part 567.

    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.

    Issued On: May 21, 2015.
Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-12967 Filed 5-28-15; 8:45 am]
BILLING CODE 4910-59-P

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