[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38512-38513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18813]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-076; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1994 BMW R1100RS Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1994 BMW R1100RS motorcycles are eligible for importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a decision that a 1994 
BMW R1100RS that was not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards is eligible for 
importation into the United States because (1) It is substantially 
similar to a vehicle that was originally manufactured for importation 
into and sale in the United States and that was certified by its 
manufacturer as complying with the safety standards, and (2) it is 
capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is August 23, 
1996.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Section, Room 5109, National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC 20590. [Docket hours are from 9:30 a.m. to 4 p.m.]

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle

[[Page 38513]]

Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(I) 
of the National Traffic and Motor Vehicle Safety Act (the Act)), 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. Sec. 30115 (formerly section 114 of the Act), 
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, Inc. of Lansdale, Pennsylvania (``Champagne'') 
(Registered Importer 90-009) has petitioned NHTSA to decide whether 
1994 BMW R1100RS motorcycles are eligible for importation into the 
United States. The vehicle which Champagne believes is substantially 
similar is the version of the 1994 BMW R1100RS that was manufactured 
for importation into, and sale in, the United States and certified by 
its manufacturer, Bayerische Motoren Werke, A.G., as conforming to all 
applicable Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared the non- U.S. 
certified 1994 BMW R1100RS to its U.S. certified counterpart, and found 
the two 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 the non-U.S. certified 1994 BMW R1100RS, as originally 
manufactured, conforms to many Federal motor vehicle safety standards 
in the same manner as its U.S. certified counterpart, or is capable of 
being readily altered to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1994 BMW R1100RS is identical to its U.S. certified counterpart with 
respect to compliance with Standards Nos. 106 Brake Hoses, 111 Rearview 
Mirrors, 115 Vehicle Identification Number, 116 Brake Fluid, 119 New 
Pneumatic Tires for Vehicles other than Passenger Cars, 120 Tire 
Selection and Rims for Vehicles other than Passenger Cars, and 122 
Motorcycle Brake Systems.
    Petitioner also contends that the vehicle is capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of U.S-model headlamp assemblies.
    Standard No. 123 Motorcycle Controls and Displays: installation of 
a U.S. model speedometer calibrated in miles per hour.
    Comments should refer to the docket number and be submitted to: 
Docket Section, National Highway Traffic Safety Administration, Room 
5109, 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: July 18, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-18813 Filed 7-23-96; 8:45 am]
BILLING CODE 4910-59-P