[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67984-67985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32594]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4800]


Notice of Receipt of Petition for Decision That Nonconforming 
1984-1992 BMW K100 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1984-1992 BMW K100 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 
1984-1992 BMW K100 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 January 8, 
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 9 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

[[Page 67985]]

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 1984-1992 BMW K100 motorcycles are 
eligible for importation into the United States. The vehicles which 
Champagne believes are substantially similar are 1984-1992 BMW K100 
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 
1984-1992 BMW K100 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 1984-1992 BMW K100 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 1984-
1992 BMW K100 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: Installation of U.S.-model head lamp assemblies.
    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/odometer 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: December 2, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-32594 Filed 12-8-98; 8:45 am]
BILLING CODE 4910-59-P