Notice of Receipt of Petition for Decision that Nonconforming Model Year 1991 BMW M3 Convertible Passenger Cars Are Eligible for Importation |
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Topics: BMW M3
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
May 29, 2015
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Pages 30761-30762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12967]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0097; Notice 1]
Notice of Receipt of Petition for Decision that Nonconforming
Model Year 1991 BMW M3 Convertible Passenger Cars Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: 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 model year (MY) 1991 BMW M3 convertible 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 have safety features
that comply with, or are capable of being altered to comply with, all
such standards.
DATES: June 29, 2015.
ADDRESSES: Comments should refer to the docket and notice numbers above
and submitted by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Send comments by mail addressed to: U.S. Department
of Transportation, 1200 New Jersey Avenue SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: Deliver comments by hand to: 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.
Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting
comments.
Comments may also be faxed to (202) 493-2251.
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.
Documents submitted to a docket may be viewed by anyone at the
address and times give above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78)
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
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)(B), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS, and has no
substantially similar U.S.-certified counterpart, shall be refused
admission into the United States unless NHTSA has decided that the
motor vehicle has safety features that comply with, or are capable of
being altered to comply with, all applicable FMVSS based on destructive
test data or such other evidence as NHTSA decides to be adequate.
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.
G&K Automotive Conversion, Inc. of Santa Ana, CA (Registered
Importer R90-007) has petitioned NHTSA to decide whether nonconforming
MY 1991 BMW M3 convertible passenger cars are eligible for importation
into the United States.
G&K noted in its petition that although conforming MY 1991 BMW M3
vehicles were not sold in the U.S., NHTSA has determined that
nonconforming MY 1989 BMW M3 vehicles are eligible for importation. G&K
compared the nonconforming MY 1991 BMW M3 vehicles to the nonconforming
MY 1989 BMW M3 vehicles that have been determined eligible for
importation, and based its arguments that the 1991 BMW M3 vehicles
conform to many applicable FMVSS, and are capable of being altered to
meet the remainder of the applicable FMVSS, in part, on the
similarities between the MY 1989 and MY 1991 vehicles.
Specifically, the petitioner claims that non-U.S. certified MY 1991
BMW M3 convertible passenger cars, as originally manufactured, conform
to: 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; 105
Hydraulic Brake Systems; 106 Brake Hoses; 107 Reflective Surfaces; 109
New Pneumatic Tires; 113 Hood Latch System; 115 Vehicle Identification
Number--Basic Requirements; 116 Motor Vehicle Brake Fluids; 118 Power-
Operated Window Systems; 124 Accelerator Control Systems; 201 Occupant
Protection in Interior Impact; 202 Head Restraints; 204 Steering
Control Rearward Displacement; 205 Glazing Materials; 206 Door Locks
and Door Retention Components; 207 Seating Systems; 209 Seat Belt
Assemblies; 210 Seat Belt Assembly Anchorages; 211 Wheel Nuts, Wheel
Disks, and Hub Caps; 212 Windshield Mounting; 214 Side Impact
Protection; 216 Roof Crush Resistance; 219 Windshield Zone Intrusion;
301 Fuel System Integrity; and 302 Flammability of Interior Materials.
The petitioner also contends that the vehicles are capable of being
altered to meet the following standards, in the manner indicated:
Standard No. 101 Controls and Displays: addition of the word
``BRAKE'' to the brake system warning indicator lamp located on the
instrument cluster.
[[Page 30762]]
Standard No. 108 Lamps, Reflective Devices, and Associated
Equipment: installation of U.S.-model high mounted stop lamp.
Standard No. 110 Tire Selection and Rims: installation of a tire
information placard.
Standard No. 111 Rearview Mirrors: replacement of the passenger
side rearview mirror with a U.S.-model component or inscription of the
required warning statement on the face of that mirror.
Standard No. 114 Theft Protection: installation of a supplemental
key warning buzzer, or activation of the U.S.-version software to meet
the requirements of this standard.
Standard No. 208 Occupant Crash Protection: installation of a seat
belt warning symbol in the dash, a U.S.-model airbag system, and U.S.-
model knee bolsters.
The petitioner also 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 and that a certification label must be
affixed to the driver's door jamb to meet the requirements of 49 CFR
part 567.
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: May 21, 2015.
Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-12967 Filed 5-28-15; 8:45 am]
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