[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29811-29812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12067]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0062; Notice 1]
Receipt of Petition for Decision that Nonconforming 2002 BMW
R1100S Motorcycles Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2002 BMW R1100S 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 (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 June 20, 2013.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251
Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below. Privacy Act: 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 (65 FR
19477-78).
How to Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.
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 FMVSS 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 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 FMVSS.
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''), of
Houston, Texas (Registered Importer R-09-005) has petitioned NHTSA to
decide whether non-U.S. certified 2002 BMW R1100S motorcycles are
eligible for importation into the United States. The vehicles that WETL
believes are substantially similar are 2002 BMW R1100S motorcycles that
were manufactured for sale in the United States and certified by their
manufacturer as conforming to all applicable FMVSS.
The petitioner claims that it carefully compared non-U.S. certified
2002 BMW R1100S motorcycles to their U.S. certified counterparts, and
found the vehicles to be substantially similar with respect to
compliance with most FMVSS.
WETL submitted information with its petition intended to
demonstrate that non-U.S. certified 2002 BMW R1100S motorcycles, as
originally manufactured, conform to many FMVSS 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 2002 BMW R1100S 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, 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 U.S.-model components: front
amber reflectors, rear red reflectors, front directional lamp, front
running lights, and rear stop lamp.
Standard No. 111 Rearview Mirrors: installation of U.S.-model
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: installation of
a U.S.-model speedometer/odometer unit.
[[Page 29812]]
Wallace further states that labels will be affixed to conform to
requirements of 49 CFR Part 567 Certification.
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 addresses 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 1.95 and 501.8.
Issued On: May 14, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-12067 Filed 5-20-13; 8:45 am]
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