[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38512-38513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18813]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 96-076; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
1994 BMW R1100RS Motorcycles Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1994 BMW R1100RS motorcycles are eligible for importation.
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SUMMARY: This notice announces receipt by the National Highway Traffic
Safety Administration (NHTSA) of a petition for a decision that a 1994
BMW R1100RS that was not originally manufactured to comply with all
applicable Federal motor vehicle safety standards is eligible for
importation into the United States because (1) It is substantially
similar to a vehicle that was originally manufactured for importation
into and sale in the United States and that was certified by its
manufacturer as complying with the safety standards, and (2) it is
capable of being readily altered to conform to the standards.
DATES: The closing date for comments on the petition is August 23,
1996.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Section, Room 5109, National
Highway Traffic Safety Administration, 400 Seventh St., SW.,
Washington, DC 20590. [Docket hours are from 9:30 a.m. to 4 p.m.]
FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle
[[Page 38513]]
Safety Compliance, NHTSA (202-366-5306).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(I)
of the National Traffic and Motor Vehicle Safety Act (the Act)), 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. Sec. 30115 (formerly section 114 of the Act),
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, Inc. of Lansdale, Pennsylvania (``Champagne'')
(Registered Importer 90-009) has petitioned NHTSA to decide whether
1994 BMW R1100RS motorcycles are eligible for importation into the
United States. The vehicle which Champagne believes is substantially
similar is the version of the 1994 BMW R1100RS that was manufactured
for importation into, and sale in, the United States and certified by
its manufacturer, Bayerische Motoren Werke, A.G., as conforming to all
applicable Federal motor vehicle safety standards.
The petitioner claims that it carefully compared the non- U.S.
certified 1994 BMW R1100RS to its U.S. certified counterpart, and found
the two 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 the non-U.S. certified 1994 BMW R1100RS, as originally
manufactured, conforms to many Federal motor vehicle safety standards
in the same manner as its U.S. certified counterpart, or is capable of
being readily altered to conform to those standards.
Specifically, the petitioner claims that the non-U.S. certified
1994 BMW R1100RS is identical to its U.S. certified counterpart with
respect to compliance with Standards Nos. 106 Brake Hoses, 111 Rearview
Mirrors, 115 Vehicle Identification Number, 116 Brake Fluid, 119 New
Pneumatic Tires for Vehicles other than Passenger Cars, 120 Tire
Selection and Rims for Vehicles other than Passenger Cars, and 122
Motorcycle Brake Systems.
Petitioner also contends that the vehicle is capable of being
readily altered to meet the following standards, in the manner
indicated:
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: installation of U.S-model headlamp assemblies.
Standard No. 123 Motorcycle Controls and Displays: installation of
a U.S. model speedometer calibrated in miles per hour.
Comments should refer to the docket number and be submitted to:
Docket Section, National Highway Traffic Safety Administration, Room
5109, 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: July 18, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-18813 Filed 7-23-96; 8:45 am]
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