80_FR_42740 80 FR 42603 - Decision That Nonconforming 2006-2010 BMW M3 Passenger Cars Are Eligible for Importation

80 FR 42603 - Decision That Nonconforming 2006-2010 BMW M3 Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42603-42604
FR Document2015-17507

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.

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015) 
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42603-42604]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices 42603 Issued On: July 10, 2015. specified in 49 CFR 593.7, NHTSA System control unit will be replaced John Simkins, publishes notice in the Federal Register and programmed as necessary.’’ Planning and Environment Team Leader. of each petition that it receives, and JK also commented that US Specs did [FR Doc. 2015–17569 Filed 7–16–15; 8:45 am] affords interested persons an not include in its description of BILLING CODE 4910–22–P opportunity to comment on the petition. modifications needed to conform the At the close of the comment period, vehicles to FMVSS No. 208 Occupant NHTSA decides, on the basis of the Crash Protection the need to replace the DEPARTMENT OF TRANSPORTATION petition and any comments that it has following components with U.S.-model received, whether the vehicle is eligible components: Driver’s airbag, front National Highway Traffic Safety for importation. The agency then acceleration sensors (including front Administration publishes this decision in the Federal body wiring harness and mounting Register. hardware), front door sensors (including [Docket No. NHTSA–2012–0159, Notice 2] US Specs, of Havre de Grace, center body wiring harness and Decision That Nonconforming 2006– Maryland (Registered Importer 03–321), mounting hardware), and rear seat belts. 2010 BMW M3 Passenger Cars Are petitioned NHTSA to decide whether JK also commented that the system Eligible for Importation 2006–2010 BMW M3 PCs are eligible for ECU’s will have to be reprogrammed importation into the United States. and may require replacement. AGENCY: National Highway Traffic NHTSA published a notice of the US Specs responded by submitting Safety Administration (NHTSA), petition on December 28, 2012 (77 FR additional parts lists and diagrams and Department of Transportation (DOT). 76598) to afford an opportunity for by stating: ‘‘Each vehicle will need to be ACTION: Grant of petition. public comment. The reader is referred inspected on a case-by-case basis to see to that notice for a thorough description if they contain the US-model parts. The SUMMARY: This document announces a of the petition. US-model parts will be installed if a decision by the National Highway vehicle is not already so equipped. The Traffic Safety Administration that Comments Digital Motor Electronics and Car certain 2006–2010 BMW M3 passenger On January 28, 2013, J.K. Access System control units will also be cars (PCs) that were not originally Technologies, LLC (JK), another replaced and reprogrammed as manufactured to comply with all Registered Importer, submitted necessary.’’ applicable Federal Motor Vehicle Safety comments on the petition. In its JK also commented that in order for Standards (FMVSS) are eligible for comments, JK expressed the belief that the vehicle to be conformed to FMVSS importation into the United States the petition contained several omissions No. 301 Fuel System Integrity, the because they are substantially similar to and errors. following U.S.-model parts would have vehicles originally manufactured for On May 20, 2013, US Specs to be substituted for those originally sale in the United States that were responded, in part, to JK’s comments by equipped on the vehicle: Fuel tank, certified by their manufacturer as submitting to NHTSA a revised listing filler neck, all fuel and vapor lines, and complying with all applicable FMVSS of parts associated with FMVSS No. 208 vapor storage canister. (the U.S. certified version of the 2006– compliance. US Specs responded by stating that 2010 BMW M3 PC), and they are On October 21, 2013, NHTSA BMW uses many of the same capable of being readily altered to informed US Specs by letter that the components for multiple vehicles conform to the standards. parts listing it submitted appeared to worldwide. US Specs further stated that only partially address the comments each vehicle will need to be inspected DATES: This decision became effective made by JK. The agency offered US on a case by case basis to see if it on July 13, 2015. contains the US-model parts and that Specs the opportunity to further address ADDRESSES: For further information US-model parts will be installed on JK’s comments. contact George Stevens, Office of On December 2, 2013 US Specs vehicles not already so equipped. US Vehicle Safety Compliance, NHTSA submitted further comments and parts Specs also provided additional parts (202–366–5308). information to NHTSA. lists and diagrams. SUPPLEMENTARY INFORMATION: A summary of JK’s comments, US After reviewing the petition, JK’s Specs’ responses, and the conclusions comments and US Specs’ responses to Background those comments, NHTSA has concluded that NHTSA has reached with regard to Under 49 U.S.C. 30141(a)(1)(A), a the issues raised by those parties is set that the vehicles covered by the petition motor vehicle that was not originally forth below. are capable of being readily altered to manufactured to conform to all comply with all applicable FMVSS. applicable FMVSS shall be refused Comments, Conclusions and Conditions However, in light of JK’s comments and admission into the United States unless JK commented that the software consistent with recent decisions that the NHTSA has decided that the motor alterations necessary to conform the agency has made in granting several vehicle is substantially similar to a vehicles to FMVSS No. 114 Theft import eligibility petitions for late- motor vehicle originally manufactured Protection and Rollaway Prevention model vehicles (See Docket Numbers: for importation into and sale in the may also require replacement of the NHTSA–2013–0107, NHTSA–2013– United States, certified as required CAS (theft prevention electronic control 0108, and NHTSA–2014–0004), NHTSA under 49 U.S.C. 30115, and of the same unit or ‘‘ECU’’) hardware because some has decided that an RI who imports or model year as the model of the motor versions of the European CAS units will modifies the subject vehicles must srobinson on DSK5SPTVN1PROD with NOTICES vehicle to be compared, and is capable not accept U.S.-model programming. include a detailed description of all of being readily altered to conform to all US Specs responded: ‘‘Each vehicle modifications it makes to achieve applicable FMVSS. will need to be inspected on a case-by- conformity with applicable FMVSS in Petitions for eligibility decisions may case basis to see that they contain US each statement of conformity with be submitted by either manufacturers or parts. The US parts will be installed if supporting documents (referred to as a importers who have registered with not already so equipped. The Digital ‘‘conformity package’’) it submits to NHTSA pursuant to 49 CFR part 592. As Motor Electronics and Car Access NHTSA under 49 CFR part 592.6(d). VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1

42604 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices The description of the alterations must the appropriate vehicle eligibility clarify how the specific vehicles include: Identification of all parts number indicating that the vehicle is affected do not fully comply with removed and installed, how software eligible for entry. VSP–571 is the FMVSS No. 102 and FMVSS No. 114. programming changes were completed, vehicle eligibility number assigned to Notice of receipt of the petition was and how compliance was verified after vehicles admissible under this notice of published, with a 30-day public alterations were performed. The final decision. comment period, on March 3, 2014, in descriptions must be accompanied by Authority: 49 U.S.C. 30118, 30120: the Federal Register (79 FR 11871.) No photographs of the software installation Delegations of authority at 49 CFR 1.95 and comments were received. To view the and testing systems used, as well as 501.8. petition and all supporting documents printouts and/or screenshots of their log onto the Federal Docket displays showing successful software Jeffrey Giuseppe, Management System (FDMS) Web site installation or reports indicating such Director, Office of Vehicle Safety Compliance. at: http://www.regulations.gov/. Then results. [FR Doc. 2015–17507 Filed 7–16–15; 8:45 am] follow the online search instructions to With regard to FMVSS No. 208, BILLING CODE 4910–59–P locate docket number ‘‘NHTSA–2013– NHTSA has decided that each 0066.’’ conformity package must also include a II. Vehicles Involved: Affected are detailed description of the occupant DEPARTMENT OF TRANSPORTATION approximately 4,727 MY 2013 Ford protection system in place on the Fusion and Lincoln MKZ passenger cars vehicle at the time it was delivered to National Highway Traffic Safety built from August 12, 2012 through the RI, and a similarly detailed Administration January 14, 2013 at the Hermosillo description of the occupant protection [Docket No. NHTSA–2013–0066; Notice 2] Stamping and Assembly Plant (HSAP) system in place after the vehicle is in Hermosillo, Mexico. altered, including photographs of all Ford Motor Company, Grant of Petition III. Noncompliance: Ford has labeling required by FMVSS No. 208. for Decision of Inconsequential determined that because the affected The description must also include parts Noncompliance vehicles were inadvertently shipped to assembly diagrams. dealers in the ‘‘Factory Mode’’ instead Should an RI decide to alter the AGENCY: National Highway Traffic of ‘‘Transport Mode,’’ the transmission vehicles to conform to FMVSS No. 138, Safety Administration (NHTSA), gear selected in relation to other gears Tire Pressure Monitoring Systems by Department of Transportation (DOT). is not always displayed by the shift adding TPMS system, it must submit a ACTION: Grant of petition. position sequence indicator (aka, test report verifying that the vehicle PRNDL) as required by paragraph meets the requirements of the standard SUMMARY: Ford Motor Company (Ford) S3.1.4.1(a) of FMVSS No. 102. In with the system installed or refer to has determined that certain model year addition, the affected Ford Fusion such a test report previously submitted (MY) 2013 Ford Fusion and Lincoln vehicles manufactured with mechanical to verify that the installed system MKZ passenger cars built from August key ignition systems do not fully meet allowed a vehicle of the same make, 12, 2012 through January 14, 2013 do the requirements of paragraph S5.2.1 of model, and model year to achieve not fully comply with paragraph FMVSS No. 114 because under certain conformity with FMVSS No. 138. S3.1.4.1(a) of Federal Motor Vehicle conditions the mechanical key may be In addition to the information Safety Standard (FMVSS) No. 102 removed from the ignition lock cylinder specified above, each conformity Transmission Shift Position Sequence, when the transmission shift lever is in package must include information Starter Interlock, and Transmission a position other than ‘‘park.’’ showing how the RI verified that the Braking Effect, or paragraph S5.2.1 of IV. Rule Text: Paragraph S3.1.4.1(a) of changes it made in loading or FMVSS No. 114 Theft Protection and FMVSS No. 102 specifically states: reprograming vehicle software to Rollaway Prevention. Ford has filed an S3.1.4.1 Except as specified in S3.1.4.3, if achieve conformity with each appropriate report dated March 4, 2013, the transmission shift position sequence individual FMVSS did not cause the pursuant to 49 CFR part 573, Defect and includes a park position, identification of vehicle to fall out of compliance with Noncompliance Responsibility and shift positions, including the positions in any other applicable FMVSS. Reports. relation to each other and the position ADDRESSES: For further information on selected, shall be displayed in view of the Decision driver whenever any of the following this decision contact Amina Fisher, conditions exist: Accordingly, on the basis of the Office of Vehicle Safety Compliance, the foregoing, NHTSA hereby decides that (a) The ignition is in a position where the National Highway Traffic Safety transmission can be shifted; . . . MY 2006–2010 BMW M3 passenger cars Administration (NHTSA), telephone that were not originally manufactured to Paragraph S5.2.1 of FMVSS No. 114 (202) 366–5307, facsimile (202) 366– comply with all applicable FMVSS are specifically states: 7002. substantially similar to 2006–2010 S5.2.1 Except as specified in S5.2.3, the BMW M3 PCs manufactured for SUPPLEMENTARY INFORMATION: starting system required by S5.1 must importation into and/or sale in the I. Overview: Pursuant to 49 U.S.C. prevent key removal when tested according United States, and certified under 49 30118(d) and 30120(h) and the rule to the procedures in S6, unless the U.S.C. 30115, and are capable of being implementing those provisions at 49 transmission or gear selection control is readily altered to conform to all CFR part 556, Ford has petitioned for an locked in ‘‘park’’ or becomes locked in exemption from the notification and ‘‘park’’ as a direct result of key removal. srobinson on DSK5SPTVN1PROD with NOTICES applicable Federal Motor Vehicle Safety Standards. remedy requirements of 49 U.S.C. V. Summary of Ford’s Analyses: Ford Chapter 301 on the basis that this stated its belief that the subject Vehicle Eligibility Number for Subject noncompliance is inconsequential to noncompliance is inconsequential to Vehicles motor vehicle safety. motor vehicle safety for the following The importer of a vehicle admissible Ford submitted its petition on March reasons: under any final decision must indicate 21, 2013. On February 11, 2014, Ford 1. The vehicle design is self- on the form HS–7 accompanying entry submitted a petition supplement to remedying. The affected vehicles are VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1


Document Created: 2018-02-23 09:21:17
Document Modified: 2018-02-23 09:21:17
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 July 13, 2015.
FR Citation80 FR 42603 
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