Decision That Nonconforming 2006-2010 BMW M3 Passenger Cars Are Eligible for Importation

Topics:  BMW M3

Jeffrey Giuseppe
National Highway Traffic Safety Administration
July 17, 2015

[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42603-42604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17507]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0159, Notice 2]


Decision That Nonconforming 2006-2010 BMW M3 Passenger Cars Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain 2006-2010 BMW M3 passenger 
cars (PCs) 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 originally manufactured for sale in the United 
States that were certified by their manufacturer as complying with all 
applicable FMVSS (the U.S. certified version of the 2006-2010 BMW M3 
PC), and they are capable of being readily altered to conform to the 
standards.

DATES: This decision became effective on July 13, 2015.

ADDRESSES: 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 as required 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.
    US Specs, of Havre de Grace, Maryland (Registered Importer 03-321), 
petitioned NHTSA to decide whether 2006-2010 BMW M3 PCs are eligible 
for importation into the United States. NHTSA published a notice of the 
petition on December 28, 2012 (77 FR 76598) to afford an opportunity 
for public comment. The reader is referred to that notice for a 
thorough description of the petition.

Comments

    On January 28, 2013, J.K. Technologies, LLC (JK), another 
Registered Importer, submitted comments on the petition. In its 
comments, JK expressed the belief that the petition contained several 
omissions and errors.
    On May 20, 2013, US Specs responded, in part, to JK's comments by 
submitting to NHTSA a revised listing of parts associated with FMVSS 
No. 208 compliance.
    On October 21, 2013, NHTSA informed US Specs by letter that the 
parts listing it submitted appeared to only partially address the 
comments made by JK. The agency offered US Specs the opportunity to 
further address JK's comments.
    On December 2, 2013 US Specs submitted further comments and parts 
information to NHTSA.
    A summary of JK's comments, US Specs' responses, and the 
conclusions that NHTSA has reached with regard to the issues raised by 
those parties is set forth below.

Comments, Conclusions and Conditions

    JK commented that the software alterations necessary to conform the 
vehicles to FMVSS No. 114 Theft Protection and Rollaway Prevention may 
also require replacement of the CAS (theft prevention electronic 
control unit or ``ECU'') hardware because some versions of the European 
CAS units will not accept U.S.-model programming.
    US Specs responded: ``Each vehicle will need to be inspected on a 
case-by-case basis to see that they contain US parts. The US parts will 
be installed if not already so equipped. The Digital Motor Electronics 
and Car Access System control unit will be replaced and programmed as 
necessary.''
    JK also commented that US Specs did not include in its description 
of modifications needed to conform the vehicles to FMVSS No. 208 
Occupant Crash Protection the need to replace the following components 
with U.S.-model components: Driver's airbag, front acceleration sensors 
(including front body wiring harness and mounting hardware), front door 
sensors (including center body wiring harness and mounting hardware), 
and rear seat belts. JK also commented that the system ECU's will have 
to be reprogrammed and may require replacement.
    US Specs responded by submitting additional parts lists and 
diagrams and by stating: ``Each vehicle will need to be inspected on a 
case-by-case basis to see if they contain the US-model parts. The US-
model parts will be installed if a vehicle is not already so equipped. 
The Digital Motor Electronics and Car Access System control units will 
also be replaced and reprogrammed as necessary.''
    JK also commented that in order for the vehicle to be conformed to 
FMVSS No. 301 Fuel System Integrity, the following U.S.-model parts 
would have to be substituted for those originally equipped on the 
vehicle: Fuel tank, filler neck, all fuel and vapor lines, and vapor 
storage canister.
    US Specs responded by stating that BMW uses many of the same 
components for multiple vehicles worldwide. US Specs further stated 
that each vehicle will need to be inspected on a case by case basis to 
see if it contains the US-model parts and that US-model parts will be 
installed on vehicles not already so equipped. US Specs also provided 
additional parts lists and diagrams.
    After reviewing the petition, JK's comments and US Specs' responses 
to those comments, NHTSA has concluded that the vehicles covered by the 
petition are capable of being readily altered to comply with all 
applicable FMVSS. However, in light of JK's comments and consistent 
with recent decisions that the agency has made in granting several 
import eligibility petitions for late-model vehicles (See Docket 
Numbers: NHTSA-2013-0107, NHTSA-2013-0108, and NHTSA-2014-0004), NHTSA 
has decided that an RI who imports or modifies the subject vehicles 
must include a detailed description of all modifications it makes to 
achieve conformity with applicable FMVSS in each statement of 
conformity with supporting documents (referred to as a ``conformity 
package'') it submits to NHTSA under 49 CFR part 592.6(d).

[[Page 42604]]

The description of the alterations must include: Identification of all 
parts removed and installed, how software programming changes were 
completed, and how compliance was verified after alterations were 
performed. The descriptions must be accompanied by photographs of the 
software installation and testing systems used, as well as printouts 
and/or screenshots of their displays showing successful software 
installation or reports indicating such results.
    With regard to FMVSS No. 208, NHTSA has decided that each 
conformity package must also include a detailed description of the 
occupant protection system in place on the vehicle at the time it was 
delivered to the RI, and a similarly detailed description of the 
occupant protection system in place after the vehicle is altered, 
including photographs of all labeling required by FMVSS No. 208. The 
description must also include parts assembly diagrams.
    Should an RI decide to alter the vehicles to conform to FMVSS No. 
138, Tire Pressure Monitoring Systems by adding TPMS system, it must 
submit a test report verifying that the vehicle meets the requirements 
of the standard with the system installed or refer to such a test 
report previously submitted to verify that the installed system allowed 
a vehicle of the same make, model, and model year to achieve conformity 
with FMVSS No. 138.
    In addition to the information specified above, each conformity 
package must include information showing how the RI verified that the 
changes it made in loading or reprograming vehicle software to achieve 
conformity with each individual FMVSS did not cause the vehicle to fall 
out of compliance with any other applicable FMVSS.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that MY 2006-2010 BMW M3 passenger cars that were not originally 
manufactured to comply with all applicable FMVSS are substantially 
similar to 2006-2010 BMW M3 PCs manufactured for importation into and/
or sale in the United States, and certified under 49 U.S.C. 30115, and 
are capable of being readily altered to conform to all applicable 
Federal Motor Vehicle Safety Standards.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VSP-571 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

    Authority:  49 U.S.C. 30118, 30120: Delegations of authority at 
49 CFR 1.95 and 501.8.

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-17507 Filed 7-16-15; 8:45 am]
 BILLING CODE 4910-59-P