[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Notices]
[Pages 76598-76599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31211]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0159, Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2006-2010 BMW M3 Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
nonconforming 2006-2010 BMW M3 passenger cars that were not originally 
manufactured to comply with all applicable Federal Motor Vehicle Safety 
Standards (FMVSS), are eligible for importation into the United States 
because they are substantially similar to vehicles that were originally 
manufactured for sale in the United States and that were certified by 
their manufacturer as complying with the safety standards (the U.S.-
certified version of the 2006-2010 BMW M3 passenger cars) and they are 
capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is January 28, 
2013.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251
    Instructions: Comments must be written in the English language, and 
be no greater than 15 pages in length, although there is no limit to 
the length of necessary attachments to the comments. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this document notice. Please note that even after the 
comment closing date, we will continue to file relevant information in 
the Docket as it becomes available. Further, some people may submit 
late comments. Accordingly, we recommend that you periodically search 
the Docket for new material.

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

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS shall be 
refused admission into the United States unless NHTSA has decided that 
the motor vehicle is substantially similar to a motor vehicle 
originally manufactured for importation into and sale in the United 
States, certified under 49 U.S.C. 30115, and of the same model year as 
the model of the motor vehicle to be compared, and is capable of being 
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or importers who have registered with NHTSA pursuant to 
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice 
in the Federal Register of each petition that it receives, and affords 
interested persons an opportunity to comment on the petition. At the 
close of the comment period, NHTSA decides, on the basis of the 
petition and any comments that it has received, whether the vehicle is 
eligible

[[Page 76599]]

for importation. The agency then publishes this decision in the Federal 
Register.
    US SPECS of Havre de Grace, Maryland (Registered Importer 03-321) 
has petitioned NHTSA to decide whether nonconforming 2006-2010 BMW M3 
passenger cars are eligible for importation into the United States. The 
vehicles which US SPECS believes are substantially similar are 2006-
2010 BMW M3 passenger cars that were manufactured for sale in the 
United States and certified by their manufacturer as conforming to all 
applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2006-2010 
BMW M3 passenger cars to their U.S.-certified counterparts, and found 
the vehicles to be substantially similar with respect to compliance 
with most FMVSS.
    US SPECS submitted information with its petition intended to 
demonstrate that non-U.S. certified 2006-2010 BMW M3 passenger cars as 
originally manufactured, conform to many FMVSS in the same manner as 
their U.S. certified counterparts, or are capable of being readily 
altered to conform to those standards. Specifically, the petitioner 
claims that non-U.S. certified 2006-2010 BMW M3 passenger cars are 
identical to their U.S. certified counterparts with respect to 
compliance with Standard Nos. 102 Transmission Shift Lever Sequence, 
Starter Interlock, and Transmission Braking Effect, 103 Windshield 
Defrosting and Defogging Systems, 104 Windshield Wiping and Washing 
Systems, 106 Brake Hoses, 113 Hood Latch System, 116 Motor Vehicle 
Brake Fluids, 124 Accelerator Control Systems, 135 Light Vehicle Brake 
Systems, 202 Head Restraints, 204 Steering Control Rearward 
Displacement, 205 Glazing Materials, 207 Seating Systems, 210 Seat Belt 
Assembly Anchorages, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
and 302 Flammability of Interior Materials.
    The petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) inscription of the word 
``brake'' on the brake failure indicator lamp in place of the 
international ECE warning symbol; and (b) replacement of the 
speedometer with a unit reading in miles per hour, or modification of 
the existing speedometer so that it reads in miles per hour.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of the following U.S.-model components on 
vehicles not already so equipped: (a) front side marker lamps; (b) 
headlamps; (c) tail lamps that incorporate rear side marker lights; (d) 
high-mounted stop lamp; and (e) front and rear side reflex reflectors.
    Standard No. 110 Tire Selection and Rims for Motor Vehicles with a 
GVWR of 4,536 kilograms (10,000 pounds) or Less: installation of a tire 
information placard.
    Standard No. 111 Rearview Mirrors: installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of the existing mirror.
    Standard No. 114 Theft Protection: installation of a supplemental 
key warning buzzer, or reprogramming of the control system to meet the 
requirements of this standard.
    Standard No. 118 Power-Operated Window, Partition, and Roof Panel 
Systems: reprogramming or rewiring of the power operated window system 
to meet the requirements of this standard on vehicles not already so 
equipped.
    Standard No. 138 Tire Pressure Monitoring Systems: installation of 
U.S.-model components and software, or of a conforming aftermarket 
system, on all vehicles not already so equipped.
    Standard No. 201 Occupant Protection in Interior Impact: inspection 
of each vehicle and replacement of non U.S.-model upper interior 
components with U.S.-model components to meet the requirements of this 
standard on vehicles not already so equipped.
    Standard No. 206 Door Locks and Door Retention Components: 
inspection of each vehicle and replacement of non U.S.-model door lock 
components with U.S.-model components on vehicles that are not already 
so equipped.
    Standard No. 208 Occupant Crash Protection: inspection of each 
vehicle and (a) installation of a seat belt warning lamp and buzzer on 
vehicles that are not already so equipped; and (b) replacement of any 
non U.S.- model air bags, air bag control units, sensors, seat belts, 
software and knee bolsters on vehicles that are not already so 
equipped.
    In a supplement to the original petition the petitioner included 
descriptions and part numbers for both the non-U.S. model components 
and the U.S.-model components they will be replaced with. The 
petitioner also included a listing of the required software changes. 
These listings have been included along with the copy of the petition 
in the docket referred to in the title of this notice.
    The petitioner states that the vehicles are equipped with an 
automatic restraint system that consists of dual front air bags and 
knee bolsters. In addition, the vehicles have combination lap and 
shoulder belts at the outboard front and rear seating positions that 
are self-tensioning and capable of being released by means of a single 
red push button.
    Standard No. 209 Seat Belt Assemblies: inspection of each vehicle 
and replacement of any non U.S.-certified model seat belts with U.S.-
model components
    Standard No. 225 Child Restraint Anchorage Systems: inspection of 
each vehicle and installation of U.S.-model child restraint anchorage 
system components on vehicles not already no so equipped.
    Standard No. 301 Fuel System Integrity: inspection of each vehicle 
and replacement of any non U.S.-model fuel system components with U.S.-
model components on vehicles not already so equipped.
    Standard No. 401 Interior Trunk Release: installation of U.S.-model 
interior trunk release components on vehicles not already so equipped.
    The petitioner additionally states that a vehicle identification 
plate must be affixed to the vehicles near the left windshield post to 
meet the requirements of 49 CFR Part 565.
    All comments received before the close of business on the closing 
date indicated above will be considered, and will be available for 
examination in the docket at the above addresses both before and after 
that date. To the extent possible, comments filed after the closing 
date will also be considered. Notice of final action on the petition 
will be published in the Federal Register pursuant to the authority 
indicated below.

    Authority:  49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: December 19, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-31211 Filed 12-27-12; 8:45 am]
BILLING CODE 4910-59-P