[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Notices]
[Page 3911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1189]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-26995]


Notice of Receipt of Petition for Decision That Nonconforming 
1996 BMW K75 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1996 BMW K75 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 
1996 BMW K75 motorcycles that were not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards 
(FMVSS) are eligible for importation into the United States because 
they have safety features that comply with, or are capable of being 
altered to comply with, all such 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 am to 
5 pm.] 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)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    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.
    US SPECS of Aberdeen, Maryland (Registered Importer 03-321) has 
petitioned NHTSA to decide whether nonconforming 1996 BMW K75 
motorcycles are eligible for importation into the United States. US 
SPECS believes that these vehicles can be made to conform to all 
applicable FMVSS.
    In its petition, US SPECS asserted that the nonconforming 1996 BMW 
K75 motorcycles are substantially similar to conforming 1995 BMW K75 
vehicles that were originally manufactured for importation into and 
sale in the United States and that were certified by their manufacturer 
(BMW) as complying with the safety standards. Also, NHTSA has granted 
import eligibility to nonconforming 1995 BMW K75S motorcycles (covered 
by vehicle eligibility number VSP-229). Because BMW K75 motorcycles 
were not manufactured for importation into and sale in the United 
States as model year 1996 vehicles, and were not certified by BMW as 
conforming to all applicable FMVSS, no vehicle can be categorized as 
``substantially similar'' to the nonconforming 1996 BMW K75 motorcycles 
for the purpose of establishing import eligibility under 49 U.S.C. 
30141(a)(1)(A). Therefore, US SPECS' petition is being processed 
pursuant to 49 U.S.C. 30141(a)(1)(B) alone.
    US SPECS submitted information with its petition intended to 
demonstrate that non-U.S. certified 1996 BMW K75 motorcycles, as 
originally manufactured, comply with many applicable FMVSS and are 
capable of being modified to comply with all other applicable standards 
to which they were not originally manufactured to conform.
    Specifically, the petitioner claims that 1996 BMW K75 motorcycles 
have safety features that comply with Standard Nos. 106 Brake Hoses, 
116 Motor Vehicle Brake Fluid, 119 New Pneumatic Tires for Vehicles 
Other than Passenger Cars, and 122 Motorcycle Brake Systems.
    The petitioner further contends that the vehicles are capable of 
being altered to comply with the following standards, in the manner 
indicated:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: inspection of all vehicles and replacement of the following 
with U.S.-model components on vehicles not already so equipped: (a) 
headlamps; (b) front and rear side reflex reflectors; (c) rear reflex 
reflector; (d) tail lamp assembly; and (e) front and rear turn signal 
lamps.
    Standard No. 111 Rearview Mirrors: installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    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 a U.S.-model speedometer and odometer, or modification of the 
speedometer and odometer so that they read in miles per hour and miles 
traveled; and (b) installation of an ignition switch label.
    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.

    Issued on: January 22, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-1189 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-59-P