[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Notices]
[Pages 77691-77692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31639]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-8294]


Notice of Receipt of Petition for Decision That Nonconforming 
1998-2001 BMW R1200C Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1998-2001 BMW R1200C 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 
1998-2001 BMW R1200C 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 11, 
2001.

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.

[[Page 77692]]

    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.
    Bayway Auto, Inc. of Elizabeth, New Jersey (``Bayway'')(Registered 
Importer 99-166) has petitioned NHTSA to decide whether non-U.S. 
certified 1998-2001 BMW R1200C motorcycles are eligible for importation 
into the United States. The vehicles which Bayway believes are 
substantially similar are 1998-2001 BMW R1200C motorcycles that were 
manufactured for importation into, and 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 
1998-2001 BMW R1200C 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.
    Bayway submitted information with its petition intended to 
demonstrate that non-U.S. certified 1998-2001 BMW R1200C 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 1998-
2001 BMW R1200C 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, 122 Motorcycle Brake Systems, and 205 Glazing 
Materials.
    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 headlamps, stop lamps, tail light 
lenses, amber front reflectors, rear red reflectors, and white license 
plate lamps and lenses on vehicles that are not already so equipped.
    Standard No. 111 Rearview Mirrors: installation of U.S. model 
rearview mirrors.
    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 an illuminated speedometer calibrated in miles per hour; (b) 
inscription of conforming symbols for the supplemental engine stop 
control, turn signals, headlamp, and horn on vehicles that are not 
already so equipped.
    The petitioner also states that a vehicle identification number 
(VIN) plate and VIN reference label must be affixed to non-U.S. 
certified 1998-2001 BMW R1200C motorcycles 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 5, 2000.
Marilynne Jacobs,
Director, Office of Vehicle Safety, Compliance.
[FR Doc. 00-31639 Filed 12-11-00; 8:45 am]
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