[Federal Register: March 18, 2005 (Volume 70, Number 52)]
[Notices]
[Page 13230-13231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr05-123]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-20645]


Notice of Receipt of Petition for Decision That Nonconforming
1981 BMW R100 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming
1981 BMW R100 motorcycles 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
1981 BMW 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
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 30 days after
publication in the Federal Register.

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 9 a.m.
to 5 p.m.] 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 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.


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 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
    US SPECS of Aberdeen, Maryland (Registered Importer 03-321) has
petitioned NHTSA to decide whether non-U.S. certified 1981 BMW R100
motorcycles are eligible for importation into the United States. The
vehicles that US SPECS believes are substantially similar are 1981 BMW
R100 motorcycles that were manufactured for

[[Page 13231]]

sale in the United States and certified by their manufacturer as
conforming to all applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared non-U.S. certified
1981 BMW 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.
    US SPECS submitted information with its petition intended to
demonstrate that non-U.S. certified 1981 BMW 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 1981
BMW R100 motorcycles are identical to their U.S. certified counterparts
with respect to compliance with Standard Nos. 106 Brake Hoses, 116
Brake Fluid, 119 New Pneumatic Tires for Vehicles other than Passenger
Cars, and 122 Motorcycle Brake Systems.
    The petitioner further contends that the vehicles are capable of
being readily altered to meet the following standards, in the manner
indicated below:
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Inspection of all vehicles and replacement of the following
with U.S.-model components on vehicles not already so equipped: (a)
Headlamps; (b) front and rear side reflex reflectors; (c) rear reflex
reflector; (d) tail lamp assembly; and (e) front and rear turn signal
lamps.
    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.
    Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: Installation of a tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: (a) Installation
of a U.S.-model speedometer and odometer, or modification of the
speedometer and odometer so that they read in miles per hour and miles
traveled; and (b) installation of an ignition switch label.
    Standard No. 205 Glazing Materials: Inspection of all vehicles, and
removal or replacement of the glazing with U.S.-model components on
vehicles not already so equipped.
    Comments should refer to the docket number and be submitted to:
Docket Management, Room PL-401, 400 Seventh Street, SW., 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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05-5421 Filed 3-17-05; 8:45 am]

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