
[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]               
[Page 26762-26764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn09-127]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0102]

 
Notice of Receipt of Petition for Decision That Nonconforming 
2006 BMW M3 Passenger Cars Manufactured Before September 1, 2006 Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2006 BMW M3 passenger cars manufactured before September 1, 2006 are 
eligible for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
2006 BMW M3 passenger cars manufactured before September 1, 2006 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 (1) 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 BMW M3 
passenger cars manufactured before September 1, 2006) and (2) they are 
capable of being readily altered to conform to the standards.

DATE: The closing date for comments on the petition is July 6, 2009.

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.

[[Page 26763]]

     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) or you may visit http://
DocketInfo.dot.gov.
    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 see the comments on the Internet. To read the 
comments on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page 
http://www.regulations.gov.
    (2) On that page, click on ``Advanced Docket Search.''
    (3) On the next page select ``NATIONAL HIGHWAY TRAFFIC SAFETY 
ADMINISTRATION'' from the drop-down menu in the Agency field and enter 
the Docket ID number shown at the heading of this document.
    (4) After entering that information, click on ``submit.''
    (5) The next page contains docket summary information for the 
docket you selected. Click on the comments you wish to see. You may 
download the comments. 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: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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 for importation. The agency then publishes this decision in 
the Federal Register.
    Wallace Environmental Testing Laboratories, Inc. (WETL) of Houston, 
TX (Registered Importer 90-005) has petitioned NHTSA to decide whether 
nonconforming 2006 BMW M3 passenger cars manufactured before September 
1, 2006 are eligible for importation into the United States. The 
vehicles which WETL believes are substantially similar are 2006 BMW M3 
passenger cars manufactured before September 1, 2006 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 BMW 
M3 passenger cars manufactured before September 1, 2006 to their U.S.-
certified counterparts, and found the vehicles to be substantially 
similar with respect to compliance with most FMVSS.
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified 2006 BMW M3 passenger cars 
manufactured before September 1, 2006, 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 
BMW M3 passenger cars manufactured before September 1, 2006 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, 109 New Pneumatic Tires, 113 Hood Latch 
System, 116 Motor Vehicle Brake Fluids, 118 Power-Operated Window, 
Partition, and Roof Panel Systems, 124 Accelerator Control Systems, 135 
Passenger Car Brake 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, 212 Windshield Mounting, 214 Side Impact 
Protection, 216 Roof Crush Resistance, 219 Windshield Zone Intrusion, 
225 Child Restraint Anchorage Systems, 302 Flammability of Interior 
Materials, and 401 Interior Trunk Release.
    In addition, the petitioner claims that the vehicles comply with 
the Bumper Standard found in 49 CFR Part 581.
    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: inscription of the word 
``brake'' on the instrument cluster in place of the international ECE 
warning symbol and installation of a U.S.-model speedometer, or 
modification of the existing speedometer to conform with the 
requirements of this standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of U.S.-model high mounted stop lamp and 
associated wiring.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard on all vehicles not already so equipped.
    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 that mirror on all vehicles not already so 
equipped.
    Standard No. 114 Theft Protection: installation of a supplemental 
key warning buzzer, or installation of U.S.-version software on all 
vehicles not already so equipped.
    Standard No. 208 Occupant Crash Protection: installation of a seat 
belt warning system that the meets the requirements of this standard.
    The petitioner states that the crash protection system used in 
these vehicles

[[Page 26764]]

consists of dual front airbags, knee bolsters, and combination lap and 
shoulder belts at the front outboard seating positions.
    Standard No. 301 Fuel System Integrity: inspection of all vehicles 
and replacement of any non U.S.-model fuel system components with U.S.-
model components.
    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) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: May 27, 2009.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E9-12841 Filed 6-2-09; 8:45 am]

BILLING CODE 4910-59-P
