Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 18279 

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 

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 


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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 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 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 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

Notice and Request for Comments 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: 30-day notice and request for 

comments: Application to Open a 

Billing Account. 

SUMMARY: 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. 

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. 

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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