80_FR_18343 80 FR 18279 - Decision That Nonconforming 2012 McLaren MP4-12C Passenger Cars Are Eligible for Importation

80 FR 18279 - Decision That Nonconforming 2012 McLaren MP4-12C Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range18279-18281
FR Document2015-07607

This document announces a decision by the National Highway Traffic Safety Administration that certain 2012 McLaren MP4-12C 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 importation into and sale in the United States that were certified by their manufacturer as complying with the safety standards (the U.S. certified version of the 2012 McLaren MP4-12C PC), and they are capable of being readily altered to conform to the standards.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18279-18281]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07607]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0004, Notice 2]


Decision That Nonconforming 2012 McLaren MP4-12C Passenger Cars 
Are Eligible for Importation

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

ACTION: Grant of petition.

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

SUMMARY: This document announces a decision by the National Highway 
Traffic Safety Administration that certain 2012 McLaren MP4-12C 
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 
importation into and sale in the United States that were certified by 
their manufacturer as complying with the safety standards (the U.S. 
certified version of the 2012 McLaren MP4-12C PC), and they are capable 
of being readily altered to conform to the standards.

DATES: This decision became effective on March 26, 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.
    J.K. Technologies, LLC, of Baltimore, Maryland (``JK'') (Registered 
Importer# RI-90-006), petitioned NHTSA to decide whether 2012 McLaren 
MP4-12C PCs are eligible for importation into the United States. NHTSA 
published a notice of the petition on March 3, 2014 (79 FR 11869) to 
afford an opportunity for public comment. The reader is referred to 
that notice for a thorough description of the petition.

Comments

    On March 27, 2014, NHTSA received a request from McLaren Automotive 
Inc. (McLaren), the vehicle's original manufacturer, to extend the 
comment period by two weeks. NHTSA approved this request to allow 
McLaren additional time to respond to the issues presented in the 
petition.
    McLaren submitted its comments on April 15, 2014. In its comments, 
McLaren stated that while it agreed that the U.S. and the non-U.S. 
versions of the vehicle are ``substantially similar'' within the 
meaning of section 30141(a)(1)(A)(i), it strongly disputed JK's 
assertions that the non-U.S. version could be readily altered to comply 
with all applicable FMVSS. McLaren elaborated by presenting detailed 
reasons for its assertions with respect to specific FMVSS.
    On May 21, 2014, NHTSA forwarded McLaren's comments to JK and asked 
that it respond by June, 4, 2014. By letter dated June 10, 2014, JK 
requested a 45 day extension in order to gather engineering data to 
adequately address the concerns raised by McLaren. NHTSA approved JK's 
request for this extension and JK responded on July 29, 2014.
    A summary of McLaren's comments, JK's responses, and the 
conclusions that NHTSA has reached with regard to the issues raised by 
the parties is set forth below.

Comments and Conclusions

    NHTSA has reviewed the petition, McLaren's comments and JK's 
responses to those comments, and has concluded that the vehicles 
covered by the petition are capable of being readily altered to comply 
with all applicable FMVSS. However, NHTSA has also decided that an RI 
who imports or modifies one of these vehicles must include in the 
statement of conformity and associated documents (referred to as a 
``conformity package'') it submits to NHTSA under 49 CFR 592.6(d) 
specific proof to confirm that the vehicle was manufactured to conform 
to, or was successfully altered to conform to, each of the following 
standards:
    FMVSS No. 101, Controls and displays; McLaren commented that the 
necessary reprogramming to achieve conformity to the standard can only 
be performed with a tool available only to authorized McLaren dealers 
that can only be operated by an authorized McLaren entity using a 
recognized username and password. McLaren claimed that the tool is not 
offered for sale to non-McLaren affiliated entities.
    JK responded that the reprogramming equipment it used to modify the 
vehicle to the standard is available in Europe and that it validated 
the programs and encryption codes on a U.S. version of the vehicle.
    NHTSA has decided that a description of how the programming changes 
were completed and how compliance with the standard was verified must 
be included in each conformity package. Photographs, printouts, and/or 
screenshots, as practicable, must also be submitted as proof that the 
reprogramming was carried out.
    FMVSS No. 108, Lamps, reflective devices, and associated equipment; 
McLaren commented that in addition to the modifications described in 
the petition, ``a completely new US vehicle [wiring] harness would be 
required.'' Moreover, as it contended with regard to FMVSS No. 101, 
McLaren asserted that reprogramming ``can only be performed using an 
approved McLaren tool'' which the manufacturer claimed is ``only 
available to authorized McLaren dealers'' and ``can only be used by an 
authorized McLaren entity with the use of a username and password.''
    JK responded that it has ``a USA version vehicle for these programs 
and encryption codes,'' and that it will replace or add wiring 
harnesses as necessary.
    NHTSA has decided that a description of how the programming changes 
were completed and how

[[Page 18280]]

compliance was verified must accompany each conformity package. 
Photographs, printouts, and/or screenshots, as practicable, must also 
be submitted as proof that the reprogramming was carried out.
    FMVSS No. 111, Rearview mirrors; McLaren commented that in addition 
to the modifications noted in the petition, the driver's outside 
rearview mirror would need to be replaced with a compliant mirror.
    NHTSA has decided that proof, including photographs, must be 
submitted with each conformity package to show that the vehicle was 
either originally equipped with, or was altered through the addition 
of, a driver's side rearview mirror that allows the vehicle to meet the 
applicable requirements of FMVSS No. 111.
    FMVSS No. 114 Theft protection and rollaway prevention; As was the 
case with FMVSS Nos. 101 and 108, McLaren contended that reprogramming 
``can only be performed using an approved McLaren tool'' which is 
``only available to authorized McLaren dealers'' and ``can only be used 
by an authorized McLaren entity with the use of a username and 
password.''
    JK responded that it has ``a USA version vehicle for these programs 
and encryption codes.''
    NHTSA has decided that a description of how the programming changes 
were completed and how compliance was verified must accompany each 
conformity package. Additionally, photographs, printouts, and/or 
screenshots, as practicable, must be submitted as proof that the 
reprogramming was carried out.
    FMVSS No. 138, Tire pressure monitoring systems; McLaren contended 
that tire pressure monitoring systems (TPMS) are not standard equipment 
on all European 12C vehicles and that substantial work would be 
required to bring vehicles into compliance with the standard. McLaren 
asserted that because of the extent and complexity of the required 
changes, vehicles not originally equipped with TPMS cannot be ``readily 
altered'' in order to bring them into compliance with the standard. 
According to McLaren, even if the vehicle is already equipped with the 
TPMS hardware, ``a reconfiguration using an approved McLaren dealership 
tool would be required to bring the TPMS functionality into compliance 
with FMVSS No. 138.'' Mclaren reiterated that this tool is ``only 
available to authorized McLaren dealers'' and ``can only be used by an 
authorized McLaren entity with the use of a username and password''.
    JK responded that it has ``a USA version vehicle for these programs 
and encryption codes.''
    NHTSA has decided that a description of how any applicable 
programming changes were completed and how compliance was verified must 
accompany each conformity package. Additionally, photographs, 
printouts, and/or screenshots, as practicable, must be submitted as 
proof that the reprogramming was carried out.
    FMVSS No. 205, Glazing materials; McLaren commented that contrary 
to the claim in the petition, non-U.S. vehicles do not comply with this 
standard because they are ``fitted with AS3 glass in the rear of the 
vehicle (behind the B-Pillar). Such AS3 glass does not comply with the 
light transmittance requirements of FMVSS No. 205. It would be 
difficult to replace that AS3 glass with the AS2 glass required by 
FMVSS No. 205; in some cases the entire engine would have to be removed 
to make the modification.''
    JK responded that each vehicle will be inspected and that any non-
compliant glass will be replaced. JK contended that the non-U.S. 
certified vehicle it inspected was already equipped with compliant 
glass.
    NHTSA has decided that photographic evidence of the required 
markings to demonstrate that the glazing complies with the standard 
must be submitted with each conformity package.
    FMVSS No. 208, Occupant Protection; McLaren challenged the 
petition's assertion that the non-U.S. certified vehicles are 
originally manufactured to meet all requirements of this standard, 
noting in particular that European model vehicles are not equipped with 
``advanced air bags,'' as that term is used in the United States. 
McLaren contended that the occupant restraint software system used in 
U.S. vehicles is specific to those vehicles and that only vehicles with 
a designated U.S. vehicle identification number (VIN) can be programmed 
with that software. For that reason, McLaren claimed the necessary 
reconfiguration of the system would be impossible, since a European 12C 
vehicle's VIN would not be recognized, and the software upload would be 
prevented.
    JK responded that it ``will change and/or add all the US model 
systems to the European vehicles modified under this petition.'' JK 
noted that these parts include knee airbags, wiring harnesses, and 
sensors, and claimed that ``the programming of the ECU is a 
modification that JK is very familiar with.'' JK also stated that it 
has ``the necessary equipment to load the correct US McLaren MP4-12C 
advanced airbag programs into the European MP4-12C and retain the 
European VIN.''
    NHTSA has decided that each conformity package must include a 
detailed description of the occupant protection system in place on the 
vehicle at the time 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 required labeling. The 
description must also include parts assembly diagrams and associated 
part numbers for all components that were removed from or installed on 
the vehicle, a description of how the programming changes were 
completed, and a description of how compliance was verified. 
Additionally, photographs (e.g., monitor print screen captures) or 
report printouts, as practicable, must be submitted as proof that the 
reprogramming was carried out.
    FMVSS No. 225, Child restraint anchorage systems; McLaren disputed 
the petition's claim that U.S. and non-U.S.-certified vehicles are 
identical with regard to this standard. The manufacturer contended that 
European vehicles lack a top tether anchor plate and further observed 
that installation of the anchor plate requires drilling into the fuel 
cell bulkhead.
    JK responded that the upper anchorages will be added in the exact 
position designated by McLaren and that it has all of the engineering 
drawings for the U.S. model MP4-12C for these tethers.
    NHTSA has decided that a detailed description of the alterations 
made to achieve conformity with the standard must be included in each 
conformity package. The description must include sufficient information 
to validate how the alterations allowed the vehicle to meet the 
requirements of the standard. This information must include 
photographic evidence that the modification was carried out, as well as 
testing and/or engineering analysis reports documenting how the RI has 
verified that the alterations will allow the vehicle to meet all 
applicable requirements of the standard.
    FMVSS No. 401 Interior trunk release; McLaren commented that 
reprogramming can only be performed using an approved McLaren tool that 
is only available to authorized McLaren dealers and can only be used by 
an authorized McLaren entity with the use of a username and password.
    JK responded that it has the necessary equipment to load the 
correct US McLaren programs.
    NHTSA has decided that each conformity package must include a

[[Page 18281]]

description of how the programming changes were completed and how 
compliance was verified. Additionally, photographs, printouts, and/or 
screenshots, as practicable, must be submitted as proof that the 
reprogramming was carried out.
    49 CFR part 581, Bumper Standard; McLaren commented that in 
addition to the modifications set out in the petition, the bumper foam 
would need to be replaced and a different rear bumper skin would need 
to be installed in the license plate area.
    JK responded that it is aware of all the parts necessary to bring 
these vehicles into compliance with this standard and it will change 
all parts of the system to U.S. parts to make the vehicle compliant.
    NHTSA has decided that each conformity package must include a 
detailed description of all modifications made to achieve conformity 
with the standard. This description must include part numbers for each 
part replaced and be supported with photographic evidence of the 
modifications made to achieve conformity.
    In addition to the information specified above, each conformity 
package must include evidence showing how the RI verified that the 
changes it made in loading or reprograming vehicle software to achieve 
conformity with each separate FMVSS, did not also 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 2012 McLaren MP4-12C passenger cars that were not originally 
manufactured to comply with all applicable FMVSS, are substantially 
similar to 2012 McLaren MP4-12C 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-569 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 M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-07607 Filed 4-2-15; 8:45 am]
 BILLING CODE 4910-59-P



                                                                                      Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices                                         18279

                                                    collected. The Agency will summarize                    vehicle to be compared, and is capable                Comments and Conclusions
                                                    or include your comments in the request                 of being readily altered to conform to all              NHTSA has reviewed the petition,
                                                    for OMB’s clearance of this ICR.                        applicable FMVSS.                                     McLaren’s comments and JK’s responses
                                                      Issued under the authority of 49 CFR 1.87                Petitions for eligibility decisions may            to those comments, and has concluded
                                                    on: March 26, 2015.                                     be submitted by either manufacturers or               that the vehicles covered by the petition
                                                    G. Kelly Regal,                                         importers who have registered with                    are capable of being readily altered to
                                                    Associate Administrator for Office of                   NHTSA pursuant to 49 CFR part 592. As                 comply with all applicable FMVSS.
                                                    Research and Information Technology and                 specified in 49 CFR 593.7, NHTSA                      However, NHTSA has also decided that
                                                    Chief Information Officer.                              publishes notice in the Federal Register              an RI who imports or modifies one of
                                                    [FR Doc. 2015–07675 Filed 4–2–15; 8:45 am]              of each petition that it receives, and                these vehicles must include in the
                                                    BILLING CODE 4910–EX–P
                                                                                                            affords interested persons an                         statement of conformity and associated
                                                                                                            opportunity to comment on the petition.               documents (referred to as a ‘‘conformity
                                                                                                            At the close of the comment period,                   package’’) it submits to NHTSA under
                                                    DEPARTMENT OF TRANSPORTATION                            NHTSA decides, on the basis of the                    49 CFR 592.6(d) specific proof to
                                                                                                            petition and any comments that it has                 confirm that the vehicle was
                                                    National Highway Traffic Safety                         received, whether the vehicle is eligible             manufactured to conform to, or was
                                                    Administration                                          for importation. The agency then                      successfully altered to conform to, each
                                                    [Docket No. NHTSA–2012–0004, Notice 2]
                                                                                                            publishes this decision in the Federal                of the following standards:
                                                                                                            Register.                                               FMVSS No. 101, Controls and
                                                    Decision That Nonconforming 2012                           J.K. Technologies, LLC, of Baltimore,              displays; McLaren commented that the
                                                    McLaren MP4–12C Passenger Cars Are                      Maryland (‘‘JK’’) (Registered Importer#               necessary reprogramming to achieve
                                                    Eligible for Importation                                RI–90–006), petitioned NHTSA to                       conformity to the standard can only be
                                                                                                            decide whether 2012 McLaren MP4–12C                   performed with a tool available only to
                                                    AGENCY: National Highway Traffic                        PCs are eligible for importation into the             authorized McLaren dealers that can
                                                    Safety Administration (NHTSA),                          United States. NHTSA published a                      only be operated by an authorized
                                                    Department of Transportation (DOT).                     notice of the petition on March 3, 2014               McLaren entity using a recognized
                                                    ACTION: Grant of petition.                              (79 FR 11869) to afford an opportunity                username and password. McLaren
                                                                                                            for public comment. The reader is                     claimed that the tool is not offered for
                                                    SUMMARY:   This document announces a                    referred to that notice for a thorough
                                                    decision by the National Highway                                                                              sale to non-McLaren affiliated entities.
                                                                                                            description of the petition.                            JK responded that the reprogramming
                                                    Traffic Safety Administration that
                                                    certain 2012 McLaren MP4–12C                            Comments                                              equipment it used to modify the vehicle
                                                    passenger cars (PCs) that were not                                                                            to the standard is available in Europe
                                                                                                               On March 27, 2014, NHTSA received                  and that it validated the programs and
                                                    originally manufactured to comply with                  a request from McLaren Automotive Inc.
                                                    all applicable Federal Motor Vehicle                                                                          encryption codes on a U.S. version of
                                                                                                            (McLaren), the vehicle’s original                     the vehicle.
                                                    Safety Standards (FMVSS) are eligible                   manufacturer, to extend the comment
                                                    for importation into the United States                                                                          NHTSA has decided that a
                                                                                                            period by two weeks. NHTSA approved                   description of how the programming
                                                    because they are substantially similar to               this request to allow McLaren additional
                                                    vehicles originally manufactured for                                                                          changes were completed and how
                                                                                                            time to respond to the issues presented               compliance with the standard was
                                                    importation into and sale in the United                 in the petition.
                                                    States that were certified by their                                                                           verified must be included in each
                                                                                                               McLaren submitted its comments on                  conformity package. Photographs,
                                                    manufacturer as complying with the                      April 15, 2014. In its comments,
                                                    safety standards (the U.S. certified                                                                          printouts, and/or screenshots, as
                                                                                                            McLaren stated that while it agreed that              practicable, must also be submitted as
                                                    version of the 2012 McLaren MP4–12C                     the U.S. and the non-U.S. versions of
                                                    PC), and they are capable of being                                                                            proof that the reprogramming was
                                                                                                            the vehicle are ‘‘substantially similar’’             carried out.
                                                    readily altered to conform to the                       within the meaning of section
                                                    standards.                                                                                                      FMVSS No. 108, Lamps, reflective
                                                                                                            30141(a)(1)(A)(i), it strongly disputed               devices, and associated equipment;
                                                    DATES: This decision became effective                   JK’s assertions that the non-U.S. version             McLaren commented that in addition to
                                                    on March 26, 2015.                                      could be readily altered to comply with               the modifications described in the
                                                    ADDRESSES: For further information                      all applicable FMVSS. McLaren                         petition, ‘‘a completely new US vehicle
                                                    contact George Stevens, Office of                       elaborated by presenting detailed                     [wiring] harness would be required.’’
                                                    Vehicle Safety Compliance, NHTSA                        reasons for its assertions with respect to            Moreover, as it contended with regard to
                                                    (202–366–5308).                                         specific FMVSS.                                       FMVSS No. 101, McLaren asserted that
                                                    SUPPLEMENTARY INFORMATION:                                 On May 21, 2014, NHTSA forwarded                   reprogramming ‘‘can only be performed
                                                                                                            McLaren’s comments to JK and asked                    using an approved McLaren tool’’ which
                                                    Background                                              that it respond by June, 4, 2014. By                  the manufacturer claimed is ‘‘only
                                                      Under 49 U.S.C 30141(a)(1)(A), a                      letter dated June 10, 2014, JK requested              available to authorized McLaren
                                                    motor vehicle that was not originally                   a 45 day extension in order to gather                 dealers’’ and ‘‘can only be used by an
                                                    manufactured to conform to all                          engineering data to adequately address                authorized McLaren entity with the use
                                                    applicable FMVSS shall be refused                       the concerns raised by McLaren.                       of a username and password.’’
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    admission into the United States unless                 NHTSA approved JK’s request for this                    JK responded that it has ‘‘a USA
                                                    NHTSA has decided that the motor                        extension and JK responded on July 29,                version vehicle for these programs and
                                                    vehicle is substantially similar to a                   2014.                                                 encryption codes,’’ and that it will
                                                    motor vehicle originally manufactured                      A summary of McLaren’s comments,                   replace or add wiring harnesses as
                                                    for importation into and sale in the                    JK’s responses, and the conclusions that              necessary.
                                                    United States, certified as required                    NHTSA has reached with regard to the                    NHTSA has decided that a
                                                    under 49 U.S.C. 30115, and of the same                  issues raised by the parties is set forth             description of how the programming
                                                    model year as the model of the motor                    below.                                                changes were completed and how


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                                                    18280                             Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices

                                                    compliance was verified must                               JK responded that it has ‘‘a USA                   US McLaren MP4–12C advanced airbag
                                                    accompany each conformity package.                      version vehicle for these programs and                programs into the European MP4–12C
                                                    Photographs, printouts, and/or                          encryption codes.’’                                   and retain the European VIN.’’
                                                    screenshots, as practicable, must also be                  NHTSA has decided that a                             NHTSA has decided that each
                                                    submitted as proof that the                             description of how any applicable                     conformity package must include a
                                                    reprogramming was carried out.                          programming changes were completed                    detailed description of the occupant
                                                       FMVSS No. 111, Rearview mirrors;                     and how compliance was verified must                  protection system in place on the
                                                    McLaren commented that in addition to                   accompany each conformity package.                    vehicle at the time was delivered to the
                                                    the modifications noted in the petition,                Additionally, photographs, printouts,                 RI, and a similarly detailed description
                                                    the driver’s outside rearview mirror                    and/or screenshots, as practicable, must              of the occupant protection system in
                                                    would need to be replaced with a                        be submitted as proof that the                        place after the vehicle is altered,
                                                    compliant mirror.                                       reprogramming was carried out.                        including photographs of all required
                                                       NHTSA has decided that proof,                           FMVSS No. 205, Glazing materials;                  labeling. The description must also
                                                    including photographs, must be                          McLaren commented that contrary to                    include parts assembly diagrams and
                                                    submitted with each conformity package                  the claim in the petition, non-U.S.                   associated part numbers for all
                                                    to show that the vehicle was either                     vehicles do not comply with this                      components that were removed from or
                                                    originally equipped with, or was altered                standard because they are ‘‘fitted with               installed on the vehicle, a description of
                                                    through the addition of, a driver’s side                AS3 glass in the rear of the vehicle                  how the programming changes were
                                                    rearview mirror that allows the vehicle                 (behind the B-Pillar). Such AS3 glass                 completed, and a description of how
                                                    to meet the applicable requirements of                  does not comply with the light                        compliance was verified. Additionally,
                                                    FMVSS No. 111.                                          transmittance requirements of FMVSS                   photographs (e.g., monitor print screen
                                                                                                            No. 205. It would be difficult to replace             captures) or report printouts, as
                                                       FMVSS No. 114 Theft protection and
                                                                                                            that AS3 glass with the AS2 glass                     practicable, must be submitted as proof
                                                    rollaway prevention; As was the case
                                                                                                            required by FMVSS No. 205; in some                    that the reprogramming was carried out.
                                                    with FMVSS Nos. 101 and 108,
                                                                                                            cases the entire engine would have to be                FMVSS No. 225, Child restraint
                                                    McLaren contended that reprogramming
                                                                                                            removed to make the modification.’’                   anchorage systems; McLaren disputed
                                                    ‘‘can only be performed using an                           JK responded that each vehicle will be             the petition’s claim that U.S. and non-
                                                    approved McLaren tool’’ which is ‘‘only                 inspected and that any non-compliant                  U.S.-certified vehicles are identical with
                                                    available to authorized McLaren                         glass will be replaced. JK contended that             regard to this standard. The
                                                    dealers’’ and ‘‘can only be used by an                  the non-U.S. certified vehicle it                     manufacturer contended that European
                                                    authorized McLaren entity with the use                  inspected was already equipped with                   vehicles lack a top tether anchor plate
                                                    of a username and password.’’                           compliant glass.                                      and further observed that installation of
                                                       JK responded that it has ‘‘a USA                        NHTSA has decided that                             the anchor plate requires drilling into
                                                    version vehicle for these programs and                  photographic evidence of the required                 the fuel cell bulkhead.
                                                    encryption codes.’’                                     markings to demonstrate that the glazing                JK responded that the upper
                                                       NHTSA has decided that a                             complies with the standard must be                    anchorages will be added in the exact
                                                    description of how the programming                      submitted with each conformity                        position designated by McLaren and
                                                    changes were completed and how                          package.                                              that it has all of the engineering
                                                    compliance was verified must                               FMVSS No. 208, Occupant Protection;                drawings for the U.S. model MP4–12C
                                                    accompany each conformity package.                      McLaren challenged the petition’s                     for these tethers.
                                                    Additionally, photographs, printouts,                   assertion that the non-U.S. certified                   NHTSA has decided that a detailed
                                                    and/or screenshots, as practicable, must                vehicles are originally manufactured to               description of the alterations made to
                                                    be submitted as proof that the                          meet all requirements of this standard,               achieve conformity with the standard
                                                    reprogramming was carried out.                          noting in particular that European                    must be included in each conformity
                                                       FMVSS No. 138, Tire pressure                         model vehicles are not equipped with                  package. The description must include
                                                    monitoring systems; McLaren contended                   ‘‘advanced air bags,’’ as that term is                sufficient information to validate how
                                                    that tire pressure monitoring systems                   used in the United States. McLaren                    the alterations allowed the vehicle to
                                                    (TPMS) are not standard equipment on                    contended that the occupant restraint                 meet the requirements of the standard.
                                                    all European 12C vehicles and that                      software system used in U.S. vehicles is              This information must include
                                                    substantial work would be required to                   specific to those vehicles and that only              photographic evidence that the
                                                    bring vehicles into compliance with the                 vehicles with a designated U.S. vehicle               modification was carried out, as well as
                                                    standard. McLaren asserted that because                 identification number (VIN) can be                    testing and/or engineering analysis
                                                    of the extent and complexity of the                     programmed with that software. For that               reports documenting how the RI has
                                                    required changes, vehicles not originally               reason, McLaren claimed the necessary                 verified that the alterations will allow
                                                    equipped with TPMS cannot be ‘‘readily                  reconfiguration of the system would be                the vehicle to meet all applicable
                                                    altered’’ in order to bring them into                   impossible, since a European 12C                      requirements of the standard.
                                                    compliance with the standard.                           vehicle’s VIN would not be recognized,                  FMVSS No. 401 Interior trunk release;
                                                    According to McLaren, even if the                       and the software upload would be                      McLaren commented that
                                                    vehicle is already equipped with the                    prevented.                                            reprogramming can only be performed
                                                    TPMS hardware, ‘‘a reconfiguration                         JK responded that it ‘‘will change                 using an approved McLaren tool that is
                                                    using an approved McLaren dealership                    and/or add all the US model systems to
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                                                                                                                                                                  only available to authorized McLaren
                                                    tool would be required to bring the                     the European vehicles modified under                  dealers and can only be used by an
                                                    TPMS functionality into compliance                      this petition.’’ JK noted that these parts            authorized McLaren entity with the use
                                                    with FMVSS No. 138.’’ Mclaren                           include knee airbags, wiring harnesses,               of a username and password.
                                                    reiterated that this tool is ‘‘only                     and sensors, and claimed that ‘‘the                     JK responded that it has the necessary
                                                    available to authorized McLaren                         programming of the ECU is a                           equipment to load the correct US
                                                    dealers’’ and ‘‘can only be used by an                  modification that JK is very familiar                 McLaren programs.
                                                    authorized McLaren entity with the use                  with.’’ JK also stated that it has ‘‘the                NHTSA has decided that each
                                                    of a username and password’’.                           necessary equipment to load the correct               conformity package must include a


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                                                                                      Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices                                         18281

                                                    description of how the programming                        Authority: 49 U.S.C. 30118, 30120:                     Frequency: One time per respondent.
                                                    changes were completed and how                          delegations of authority at 49 CFR 1.95 and              Total Burden Hours (annually
                                                    compliance was verified. Additionally,                  501.8.                                                including all respondents): Less than 0.4
                                                    photographs, printouts, and/or                          Jeffrey M. Giuseppe,                                  hours.
                                                    screenshots, as practicable, must be                    Director, Office of Vehicle Safety Compliance.
                                                                                                                                                                     Total ‘‘Non-hour Burden’’ Cost: No
                                                    submitted as proof that the                                                                                   ‘‘non-hour cost’’ burdens associated
                                                                                                            [FR Doc. 2015–07607 Filed 4–2–15; 8:45 am]
                                                    reprogramming was carried out.                                                                                with this collection have been
                                                                                                            BILLING CODE 4910–59–P
                                                                                                                                                                  identified.
                                                       49 CFR part 581, Bumper Standard;
                                                                                                                                                                     Needs and Uses: The Board is, by
                                                    McLaren commented that in addition to
                                                                                                                                                                  statute, responsible for the economic
                                                    the modifications set out in the petition,              DEPARTMENT OF TRANSPORTATION
                                                                                                                                                                  regulation of freight rail carriers and
                                                    the bumper foam would need to be                                                                              certain other carriers operating in
                                                    replaced and a different rear bumper                    Surface Transportation Board
                                                                                                                                                                  interstate commerce. The Application to
                                                    skin would need to be installed in the                                                                        Open a Billing Account is a form used
                                                                                                            Notice and Request for Comments
                                                    license plate area.                                                                                           by persons doing business before the
                                                       JK responded that it is aware of all the             AGENCY:    Surface Transportation Board,              Board who wish to open an account
                                                    parts necessary to bring these vehicles                 DOT.                                                  with the Board to facilitate their
                                                    into compliance with this standard and                  ACTION: 30-day notice and request for                 payment of filing fees; fees for the
                                                    it will change all parts of the system to               comments: Application to Open a                       search, review, copying, and
                                                    U.S. parts to make the vehicle                          Billing Account.                                      certification of records; and fees for
                                                    compliant.                                                                                                    other services rendered by the Board.
                                                                                                            SUMMARY:    As part of its continuing effort          An account holder is billed on a
                                                       NHTSA has decided that each                          to streamline the process to seek
                                                    conformity package must include a                                                                             monthly basis for payment of
                                                                                                            feedback from the public on agency                    accumulated fees. Data provided is also
                                                    detailed description of all modifications               service delivery, and as required by the
                                                    made to achieve conformity with the                                                                           used for debt collection activities. The
                                                                                                            Paperwork Reduction Act of 1995, 44                   application form requests information as
                                                    standard. This description must include                 U.S.C. 3501–3519 (PRA), the Surface
                                                    part numbers for each part replaced and                                                                       required by OMB and U.S. Department
                                                                                                            Transportation Board (STB or Board)                   of Treasury regulations for the
                                                    be supported with photographic                          gives notice that it is requesting from
                                                    evidence of the modifications made to                                                                         collection of fees. This information is
                                                                                                            the Office of Management and Budget                   not duplicated by any other agency. In
                                                    achieve conformity.                                     (OMB) approval of the collection,                     accordance with the Privacy Act, 5
                                                       In addition to the information                       Application to Open a Billing Account.                U.S.C. 552a, all taxpayer identification
                                                    specified above, each conformity                          The Board previously published a
                                                                                                                                                                  and social security numbers are secured
                                                    package must include evidence showing                   notice about this collection in the
                                                                                                                                                                  and used only for credit management
                                                    how the RI verified that the changes it                 Federal Register on January 28, 2015, at
                                                                                                                                                                  and debt collection activities.
                                                    made in loading or reprograming                         80 FR 4634. That notice allowed for a                    Retention Period: The STB retains this
                                                    vehicle software to achieve conformity                  60-day public review and comment                      information until respondent asks to
                                                    with each separate FMVSS, did not also                  period. No comments were received.                    close account and outstanding debts, if
                                                    cause the vehicle to fall out of                          Comments may now be submitted to                    any, are paid in full.
                                                    compliance with any other applicable                    OMB concerning: (1) The accuracy of
                                                                                                                                                                  DATES: Written comments are due on
                                                    FMVSS.                                                  the Board’s burden estimates; (2) ways
                                                                                                            to enhance the quality, utility, and                  June 1, 2015.
                                                    Decision                                                clarity of the information collected; (3)             ADDRESSES: Written comments should
                                                                                                            ways to minimize the burden of the                    be identified as ‘‘Paperwork Reduction
                                                      Accordingly, on the basis of the                                                                            Act Comments, Application to Open an
                                                                                                            collection of information on the
                                                    foregoing, NHTSA hereby decides that                                                                          Account for Billing Purposes, OMB
                                                                                                            respondents, including the use of
                                                    MY 2012 McLaren MP4–12C passenger                                                                             Number 2140–0006.’’ These comments
                                                                                                            automated collection techniques or
                                                    cars that were not originally                                                                                 should be directed to the Office of
                                                                                                            other forms of information technology,
                                                    manufactured to comply with all                                                                               Management and Budget, Office of
                                                                                                            when appropriate; and (4) whether this
                                                    applicable FMVSS, are substantially                                                                           Information and Regulatory Affairs,
                                                                                                            collection of information is necessary
                                                    similar to 2012 McLaren MP4–12C PCs                                                                           Attention: Chandana Achanta, Surface
                                                                                                            for the proper performance of the
                                                    manufactured for importation into and/                                                                        Transportation Board Desk Officer, by
                                                                                                            functions of the Board, including
                                                    or sale in the United States, and                                                                             email at OIRA_SUBMISSION@
                                                                                                            whether the collection has practical
                                                    certified under 49 U.S.C. 30115, and are                                                                      OMB.EOP.GOV; by fax at (202) 395–
                                                                                                            utility.
                                                    capable of being readily altered to                                                                           6974; or by mail to Room 10235, 725
                                                    conform to all applicable Federal Motor                 Description of Collection                             17th Street NW., Washington, DC 20503.
                                                    Vehicle Safety Standards.                                 Title: Application to Open a Billing                   For Further Information or To Obtain
                                                    Vehicle Eligibility Number for Subject                  Account.                                              a Copy of the STB Form, Contact:
                                                    Vehicles                                                  OMB Control Number: 2140–0006.                      Marcin Skomial, (202) 245–0346.
                                                                                                              STB Form Number: STB Form 1032.                     [Federal Information Relay Service
                                                       The importer of a vehicle admissible                   Type of Review: Extension of a                      (FIRS) for the hearing impaired: (800)
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                                                    under any final decision must indicate                  currently approved collection.                        877–8339.]
                                                    on the form HS–7 accompanying entry                       Respondents: Rail carriers, shippers,               SUPPLEMENTARY INFORMATION: Under the
                                                    the appropriate vehicle eligibility                     and others doing business before the                  PRA, a Federal agency conducting or
                                                    number indicating that the vehicle is                   STB.                                                  sponsoring a collection of information
                                                    eligible for entry. VSP–569 is the                        Number of Respondents: 5.                           must display a currently valid OMB
                                                    vehicle eligibility number assigned to                    Estimated Time per Response: Less                   control number. A collection of
                                                    vehicles admissible under this notice of                than .08 hours, based on actual survey                information, which is defined in 44
                                                    final decision.                                         of respondents.                                       U.S.C. 3502(3) and 5 CFR 1320.3(c),


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Document Created: 2015-12-18 15:29:14
Document Modified: 2015-12-18 15:29:14
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
ActionGrant of petition.
DatesThis decision became effective on March 26, 2015.
FR Citation80 FR 18279 

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