Determination That Nonconforming 1977 BMW R100S Motorcycles Are Eligible for Importation

Topics:  BMW R100S, National Highway Traffic Safety Administration

William A. Boehly
Federal Register
March 25, 1994

[Federal Register: March 25, 1994]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 93-92; Notice 2]

 
Determination That Nonconforming 1977 BMW R100S Motorcycles Are 
Eligible for Importation

agency: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of determination by NHTSA that nonconforming 1977 BMW 
R100S motorcycles are eligible for importation.

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summary: This notice announces the determination by NHTSA that 1977 BMW 
R100S motorcycles not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards are eligible for 
importation into the United States because they are substantially 
similar to a vehicle originally manufactured for importation into and 
sale in the United States and certified by its manufacturer as 
complying with the safety standards (the U.S.-certified version of the 
1977 BMW R100S motorcycle), and they are capable of being readily 
modified to conform to the standards.

dates: The determination is effective March 25, 1994.

for further information contact: Ted Bayler, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under section 108(c)(3)(A)(i) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(A)(i), a motor vehicle 
that was not originally manufactured to conform to all applicable 
Federal motor vehicle safety standards shall be refused admission into 
the United States on and after January 31, 1990, unless NHTSA has 
determined that the motor vehicle is substantially similar to a motor 
vehicle originally manufactured for importation into and sale in the 
United States, certified under section 114 of the Act, and of the same 
model year as the model of the motor vehicles to be compared, and is 
capable of being readily modified to conform to all applicable Federal 
motor vehicle safety standards.
    Petitions for eligibility determinations 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 determines, 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 determination 
in the Federal Register.
    G&K Automotive Conversion, Inc. of Santa Ana, California 
(Registered Importer R-90-007) petitioned NHTSA to determine whether 
1977 BMW R100S motorcycles are eligible for importation into the United 
States. NHTSA published notice of the petition on December 30, 1993 (58 
FR 69446) to afford an opportunity for public comment. The reader is 
referred to that notice for a thorough description of the petition. No 
comments were received in response to the notice. Based on its review 
of the information submitted by the petitioner, NHTSA has determined to 
grant the petition.

Vehicle Eligibility for Subject Vehicles

    The importer of a vehicle admissible under any final determination 
must indicate on the form HS-7 accompanying entry the appropriate 
vehicle eligibility number indicating that the vehicle is eligible for 
entry. VSP 58 is the vehicle eligibility number assigned to vehicles 
admissible under this determination.

Final Determination

    Accordingly, on the basis of the foregoing, NHTSA hereby determines 
that a 1977 BMW R100S motorcycle not originally manufactured to comply 
with all applicable Federal motor vehicle safety standards is 
substantially similar to a 1977 BMW R100S motorcycle originally 
manufactured for importation into and sale in the United States and 
certified under section 114 of the National Traffic and Motor Vehicle 
Safety Act, and is capable of being readily modified to conform to all 
applicable Federal motor vehicle safety standards.

    Authority: 15 U.S.C. 1397(c)(A)(i)(I) and (C)(ii); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: March 21, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-7007 Filed 3-24-94; 8:45 am]
BILLING CODE 4910-59-M