Decision That Nonconforming 2012 McLaren MP4-12C Passenger Cars Are Eligible for Importation, 18279-18281 [2015-07607]
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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
collected. The Agency will summarize
or include your comments in the request
for OMB’s clearance of this ICR.
Issued under the authority of 49 CFR 1.87
on: March 26, 2015.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology and
Chief Information Officer.
[FR Doc. 2015–07675 Filed 4–2–15; 8:45 am]
BILLING CODE 4910–EX–P
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
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition.
AGENCY:
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.
SUMMARY:
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:
DATES:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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
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17:49 Apr 02, 2015
Jkt 235001
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.
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Fmt 4703
Sfmt 4703
18279
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
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03APN1
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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
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’’.
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17:49 Apr 02, 2015
Jkt 235001
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
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Frm 00093
Fmt 4703
Sfmt 4703
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 nonU.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
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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
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.
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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.
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17:49 Apr 02, 2015
Jkt 235001
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
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
Notice and Request for Comments
AGENCY:
Surface Transportation Board,
DOT.
30-day notice and request for
comments: Application to Open a
Billing Account.
ACTION:
As part of its continuing effort
to streamline the process to seek
feedback from the public on agency
service delivery, and as required by the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3519 (PRA), the Surface
Transportation Board (STB or Board)
gives notice that it is requesting from
the Office of Management and Budget
(OMB) approval of the collection,
Application to Open a Billing Account.
The Board previously published a
notice about this collection in the
Federal Register on January 28, 2015, at
80 FR 4634. That notice allowed for a
60-day public review and comment
period. No comments were received.
Comments may now be submitted to
OMB concerning: (1) The accuracy of
the Board’s burden estimates; (2) ways
to enhance the quality, utility, and
clarity of the information collected; (3)
ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology,
when appropriate; and (4) whether this
collection of information is necessary
for the proper performance of the
functions of the Board, including
whether the collection has practical
utility.
SUMMARY:
Description of Collection
Title: Application to Open a Billing
Account.
OMB Control Number: 2140–0006.
STB Form Number: STB Form 1032.
Type of Review: Extension of a
currently approved collection.
Respondents: Rail carriers, shippers,
and others doing business before the
STB.
Number of Respondents: 5.
Estimated Time per Response: Less
than .08 hours, based on actual survey
of respondents.
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18281
Frequency: One time per respondent.
Total Burden Hours (annually
including all respondents): Less than 0.4
hours.
Total ‘‘Non-hour Burden’’ Cost: No
‘‘non-hour cost’’ burdens associated
with this collection have been
identified.
Needs and Uses: The Board is, by
statute, responsible for the economic
regulation of freight rail carriers and
certain other carriers operating in
interstate commerce. The Application to
Open a Billing Account is a form used
by persons doing business before the
Board who wish to open an account
with the Board to facilitate their
payment of filing fees; fees for the
search, review, copying, and
certification of records; and fees for
other services rendered by the Board.
An account holder is billed on a
monthly basis for payment of
accumulated fees. Data provided is also
used for debt collection activities. The
application form requests information as
required by OMB and U.S. Department
of Treasury regulations for the
collection of fees. This information is
not duplicated by any other agency. In
accordance with the Privacy Act, 5
U.S.C. 552a, all taxpayer identification
and social security numbers are secured
and used only for credit management
and debt collection activities.
Retention Period: The STB retains this
information until respondent asks to
close account and outstanding debts, if
any, are paid in full.
DATES: Written comments are due on
June 1, 2015.
ADDRESSES: Written comments should
be identified as ‘‘Paperwork Reduction
Act Comments, Application to Open an
Account for Billing Purposes, OMB
Number 2140–0006.’’ These comments
should be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention: Chandana Achanta, Surface
Transportation Board Desk Officer, by
email at OIRA_SUBMISSION@
OMB.EOP.GOV; by fax at (202) 395–
6974; or by mail to Room 10235, 725
17th Street NW., Washington, DC 20503.
For Further Information or To Obtain
a Copy of the STB Form, Contact:
Marcin Skomial, (202) 245–0346.
[Federal Information Relay Service
(FIRS) for the hearing impaired: (800)
877–8339.]
SUPPLEMENTARY INFORMATION: Under the
PRA, a Federal agency conducting or
sponsoring a collection of information
must display a currently valid OMB
control number. A collection of
information, which is defined in 44
U.S.C. 3502(3) and 5 CFR 1320.3(c),
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]]>Agencies
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18279-18281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07607]
-----------------------------------------------------------------------
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
