[Federal Register Volume 69, Number 184 (Thursday, September 23, 2004)]
[Notices]
[Page 57133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21377]



[[Page 57133]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19121]


Notice of Receipt of Petition for Decision That Nonconforming 
2000 BMW R1150 GS Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2000 BMW R1150 GS 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 
2000 BMW R1150 GS 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.
    Wallace Environmental Testing Laboratories, Inc. (WETL) (Registered 
Importer 90-005) has petitioned NHTSA to decide whether non-U.S. 
certified 2000 BMW R1150 GS motorcycles are eligible for importation 
into the United States. The vehicles that WETL believes are 
substantially similar are 2000 BMW R1150 GS motorcycles that were 
manufactured for 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 
2000 BMW R1150 GS 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.
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified 2000 BMW R1150 GS 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 2000 
BMW R1150 GS 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, 122 Motorcycle Brake Systems, 
and 205 Glazing Materials.
    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: installation of the following components (a) U.S.-model 
headlamps; and (b) U.S.-model front and rear reflex reflectors.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: (a) Installation of a tire information placard; and (b) 
inspection of all vehicles to ensure compliance with rim marking 
requirements, and replacement of rims that are not properly marked.
    Standard No. 123 Motorcycle Controls and Displays: installation of 
U.S.-model speedometer and odometer units, or modification of the 
speedometer and odometer unit components so that the speedometer reads 
in miles per hour.
    The petitioner also states that a certification label must be 
affixed to the motorcycle to comply with the requirements of 49 CFR 
part 567.
    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. 04-21377 Filed 9-22-04; 8:45 am]
BILLING CODE 4910-59-P