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