[Federal Register: March 17, 1999 (Volume 64, Number 51)] [Notices] [Page 13244-13245] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17mr99-114] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-99-5207] Notice of Receipt of Petition for Decision That Nonconforming 1986-1995 BMW R80 and R100 Motorcycles Are Eligible for Importation AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice of receipt of petition for decision that nonconforming 1986-1995 BMW R80 and R100 motorcycles are eligible for importation. ----------------------------------------------------------------------- [[Page 13245]] SUMMARY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1986-1995 BMW R80 and R100 motorcycles that were not originally manufactured to comply with all applicable Federal motor vehicle safety standards are eligible for importation into the United States because (1) they are substantially similar to vehicles that were originally manufactured for importation into and sale in the United States and that were certified by their manufacturer as complying with the safety standards, and (2) they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is April 16, 1999. ADDRESSES: Comments should refer to the docket number and notice number, and be submitted to: Docket Management, Room PL-401, 400 Seventh St., SW, Washington, DC 20590. [Docket hours are from 10 am to 5 pm]. FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle Safety Compliance, NHTSA (202-366-5306). 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 Federal motor vehicle safety standards 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 Federal motor vehicle safety standards. 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. Champagne Imports of Lansdale, Pennsylvania (``Champagne'') (Registered Importer 90-009) has petitioned NHTSA to decide whether non-U.S. certified 1986-1995 BMW R80 and R100 motorcycles are eligible for importation into the United States. The vehicles which Champagne believes are substantially similar are 1986-1995 BMW R80 and R100 motorcycles that were manufactured for importation into, and sale in, the United States and certified by their manufacturer, Bayerische Motoren Werke, A.G., as conforming to all applicable Federal motor vehicle safety standards. The petitioner claims that it carefully compared non-U.S. certified 1986-1995 BMW R80 and R100 motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most Federal motor vehicle safety standards. Champagne submitted information with its petition intended to demonstrate that non-U.S. certified 1986-1995 BMW R80 and R100 motorcycles, as originally manufactured, conform to many Federal motor vehicle safety standards 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 1986- 1995 BMW R80 and R100 motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 Brake Hoses, 111 Rearview Mirrors, 116 Brake Fluid, 119 New Pneumatic Tires for Vehicles other than Passenger Cars, and 122 Motorcycle Brake Systems. Petitioner additionally contends that the vehicles are capable of being readily altered to meet the following standard, in the manner indicated: Standard No. 108 Lamps, Reflective Devices and Associated Equipment: (a) installation of U.S.-model head lamp assemblies; (b) installation of U.S.-model reflectors on vehicles that are not already so equipped. Standard No. 120 Tire Selection and Rims for Vehicles other than Passenger Cars: installation of a tire information label. Standard No. 123 Motorcycle Controls and Displays: installation of a U.S.-model speedometer calibrated in miles per hour. The petitioner also states that a vehicle identification number plate will be affixed to the vehicle to meet the requirements of 49 CFR Part 565. Comments should refer to the docket number and be submitted to: Docket Management, Room PL-401, 400 Seventh Street, S.W., Washington, DC 20590. It is requested but not required that 10 copies be submitted. 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 address 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: March 11, 1999. Marilynne Jacobs, Director, Office of Vehicle Safety Compliance. [FR Doc. 99-6472 Filed 3-16-99; 8:45 am] BILLING CODE 4910-59-P