[Federal Register Volume 64, Number 51 (Wednesday, March 17, 1999)]
[Notices]
[Pages 13244-13245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6472]


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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.

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[[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