Notice of Receipt of Petition for Decision That Nonconforming 2006-2010 BMW M3 Passenger Cars Are Eligible for Importation |
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Topics: BMW M3
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Claude H. Harris
National Highway Traffic Safety Administration
December 28, 2012
[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Notices]
[Pages 76598-76599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31211]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2012-0159, Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
2006-2010 BMW M3 Passenger Cars Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of 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 2006-2010 BMW M3 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 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 2006-2010 BMW M3 passenger cars) and they are
capable of being readily altered to conform to the standards.
DATES: The closing date for comments on the petition is January 28,
2013.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
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: George Stevens, Office of Vehicle
Safety Compliance, NHTSA (202-366-5308).
SUPPLEMENTARY INFORMATION:
Background
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
[[Page 76599]]
for importation. The agency then publishes this decision in the Federal
Register.
US SPECS of Havre de Grace, Maryland (Registered Importer 03-321)
has petitioned NHTSA to decide whether nonconforming 2006-2010 BMW M3
passenger cars are eligible for importation into the United States. The
vehicles which US SPECS believes are substantially similar are 2006-
2010 BMW M3 passenger cars that were manufactured for sale 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 2006-2010
BMW M3 passenger cars to their U.S.-certified counterparts, and found
the vehicles to be substantially similar with respect to compliance
with most FMVSS.
US SPECS submitted information with its petition intended to
demonstrate that non-U.S. certified 2006-2010 BMW M3 passenger cars as
originally manufactured, conform to many 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 non-U.S. certified 2006-2010 BMW M3 passenger cars are
identical to their U.S. certified counterparts with respect to
compliance with 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, 106 Brake Hoses, 113 Hood Latch System, 116 Motor Vehicle
Brake Fluids, 124 Accelerator Control Systems, 135 Light Vehicle Brake
Systems, 202 Head Restraints, 204 Steering Control Rearward
Displacement, 205 Glazing Materials, 207 Seating Systems, 210 Seat Belt
Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion,
and 302 Flammability of Interior Materials.
The petitioner also contends that the vehicles are capable of being
readily altered to meet the following standards, in the manner
indicated:
Standard No. 101 Controls and Displays: (a) inscription of the word
``brake'' on the brake failure indicator lamp in place of the
international ECE warning symbol; and (b) replacement of the
speedometer with a unit reading in miles per hour, or modification of
the existing speedometer so that it reads in miles per hour.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: installation of the following U.S.-model components on
vehicles not already so equipped: (a) front side marker lamps; (b)
headlamps; (c) tail lamps that incorporate rear side marker lights; (d)
high-mounted stop lamp; and (e) front and rear side reflex reflectors.
Standard No. 110 Tire Selection and Rims for Motor Vehicles with a
GVWR of 4,536 kilograms (10,000 pounds) or Less: installation 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 the existing mirror.
Standard No. 114 Theft Protection: installation of a supplemental
key warning buzzer, or reprogramming of the control system to meet the
requirements of this standard.
Standard No. 118 Power-Operated Window, Partition, and Roof Panel
Systems: reprogramming or rewiring of the power operated window system
to meet the requirements of this standard on vehicles not already so
equipped.
Standard No. 138 Tire Pressure Monitoring Systems: installation of
U.S.-model components and software, or of a conforming aftermarket
system, on all vehicles not already so equipped.
Standard No. 201 Occupant Protection in Interior Impact: inspection
of each vehicle and replacement of non U.S.-model upper interior
components with U.S.-model components to meet the requirements of this
standard on vehicles not already so equipped.
Standard No. 206 Door Locks and Door Retention Components:
inspection of each vehicle and replacement of non U.S.-model door lock
components with U.S.-model components on vehicles that are not already
so equipped.
Standard No. 208 Occupant Crash Protection: inspection of each
vehicle and (a) installation of a seat belt warning lamp and buzzer on
vehicles that are not already so equipped; and (b) replacement of any
non U.S.- model air bags, air bag control units, sensors, seat belts,
software and knee bolsters on vehicles that are not already so
equipped.
In a supplement to the original petition the petitioner included
descriptions and part numbers for both the non-U.S. model components
and the U.S.-model components they will be replaced with. The
petitioner also included a listing of the required software changes.
These listings have been included along with the copy of the petition
in the docket referred to in the title of this notice.
The petitioner states that the vehicles are equipped with an
automatic restraint system that consists of dual front air bags and
knee bolsters. In addition, the vehicles have combination lap and
shoulder belts at the outboard front and rear seating positions that
are self-tensioning and capable of being released by means of a single
red push button.
Standard No. 209 Seat Belt Assemblies: inspection of each vehicle
and replacement of any non U.S.-certified model seat belts with U.S.-
model components
Standard No. 225 Child Restraint Anchorage Systems: inspection of
each vehicle and installation of U.S.-model child restraint anchorage
system components on vehicles not already no so equipped.
Standard No. 301 Fuel System Integrity: inspection of each vehicle
and replacement of any non U.S.-model fuel system components with U.S.-
model components on vehicles not already so equipped.
Standard No. 401 Interior Trunk Release: installation of U.S.-model
interior trunk release components on vehicles not already so equipped.
The petitioner additionally 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.
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.
Issued on: December 19, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-31211 Filed 12-27-12; 8:45 am]
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