Notice of Receipt of Petition for Decision That Nonconforming Model Year 2013 BMW R1200GS Adventure Motorcycles Are Eligible for Importation

Topics:  BMW R1200GS

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
7 April 2017

[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17082-17083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06951]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0118; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2013 BMW R1200GS Adventure Motorcycles Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
model year (MY) 2013 BMW R1200GS Adventure motorcycles (MCs) 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 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 (the U.S.-certified version of the 2013 BMW R1200GS Adventure 
motorcycles) and they are

[[Page 17083]]

capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is May 8, 2017.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the Internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5308).

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 importation into and 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 (WETL), of Houston, 
Texas (Registered Importer R-90-005) has petitioned NHTSA to decide 
whether nonconforming MY 2013 BMW R1200GS Adventure MCs are eligible 
for importation into the United States. The vehicles which WETL 
believes are substantially similar are MY 2013 BMW R1200GS Adventure 
MCs sold in the United States and certified by their manufacturer as 
conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified MY 2013 
BMW R1200GS Adventure MCs 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 MY 2013 BMW R1200GS Adventure MCs, 
as originally manufactured, conform to many applicable 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 the non U.S.-certified MY 
2013 BMW R1200GS Adventure MCs, as originally manufactured, conform to:
    Standard Nos. 106 Brake Hoses, 111 Rear Visibility, 116 Motor 
Vehicle Brake Fluids, 119 New Pneumatic Tires for Motor Vehicles With a 
GVWR of More than 4,536 Kilograms (10,000 pounds) and Motorcycles, and 
122 Motorcycle Brake Systems.
    The petitioner also contends that the subject non-U.S. certified 
motorcycles are 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 the following U.S.-model components: 
headlamp, tail lamp, stop lamp, rear side mounted reflex reflectors, 
and rear center mounted reflex reflector.
    Standard No. 120 Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
With a GVWR of More than 4,536 Kilograms (10,000 pounds): installation 
of the required tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: replacement of 
non-conforming speedometers with U.S.-model components.
    Standard No. 205 Glazing Materials: inspection of each vehicle and 
removal of noncompliant glazing or replacement with U.S. certified 
glazing.
    Wallace further states that labels will be affixed to conform to 
requirements of 49 CFR part 567 Certification.
    This notice of receipt of WETL's petition does not represent any 
agency decision or other exercise of judgment concerning the merits of 
the petition. 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), (a)(1)(B), and (b)(1); 49 
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-06951 Filed 4-6-17; 8:45 am]
 BILLING CODE 4910-59-P