

[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]               
[Page 63652-63653]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no07-114]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0021]

 
Notice of Receipt of Petition for Decision That Nonconforming 
2000-2003 BMW C1 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2000-2003 BMW C1 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 
2000-2003 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.

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 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.''

[[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.

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 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.

    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: November 5, 2007.
Harry Thompson,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. E7-21969 Filed 11-8-07; 8:45 am]

BILLING CODE 4910-59-P
