National Highway Traffic Safety Administration, DOT.
Notice of receipt of petition for decision that nonconforming 2000-2003 BMW C1 motorcycles are eligible for importation.
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2000-2003 BMW C1 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.
The closing date for comments on the petition is 30 days after publication in the Federal Register.
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) or you may visit http://DocketInfo.dot.gov.
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 see the comments on the Internet. To read the comments on the Internet, take the following steps:
(1) Go to the Federal Docket Management System (FDMS) Web page http://www.regulations.gov.
(2) On that page, click on “search for dockets.”
(3) On the next page (http://www.regulations.gov/fdmspublic/component/main), select National Highway Traffic Safety Administration from the drop-down menu in the Agency field, enter the Docket ID number and title shown at the heading of this document, and select “Nonrulemaking” from the drop-down menu in the Type field and “Vehicle Import Eligibility” in the drop-down menu in the Sub-Type field.
(4) After entering that information, click on “submit.” Start Printed Page 63653
(5) The next page contains docket summary information for the docket you selected. Click on the comments you wish to see. You may download the comments. Although the comments are imaged documents, instead of the word processing documents, the “pdf” versions of the documents are word searchable. 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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151).End Further Info End Preamble Start Supplemental Information
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 2000-2003 BMW C1 motorcycles are eligible for importation into the United States. U.S. SPECS contends that these vehicles are eligible for importation under 49 U.S.C. 30141(a)(1)(B) because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS.
US SPECS submitted information with its petition intended to demonstrate that non-U.S. certified 2000-2003 BMW C1 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 2000-2003 BMW C1 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, 122 Motorcycle Brake Systems, and 205 Glazing Materials.
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.-certified components on vehicles not already so equipped: (a) Headlamps; (b) front and rear side-mounted reflex reflectors; (c) rear-mounted reflex reflector; (d) tail lamp assembly; and (e) front and rear turn signal lamps.
Standard No. 111 Rearview Mirrors: inspection of all vehicles and installation of U.S.-model rearview mirrors on vehicles not already so equipped.
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, or modification of the speedometer so that it reads in miles per hour; and (b) installation of an ignition switch label.
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.Start Signature
Issued on: November 5, 2007.
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-21969 Filed 11-8-07; 8:45 am]
BILLING CODE 4910-59-P