82 FR 17082 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2013 BMW R1200GS Adventure Motorcycles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range		17082-17083
FR Document		2017-06951

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 capable of being readily altered to conform to the standards.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)

[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17082-17083]
From the Federal Register Online [www.thefederalregister.org]
[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

17082 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices

manner compliant with S4.5, the center limited, and NASS GES does not yet NHTSA notes that the statutory
of gravity of the head of an occupant the contain MY2016 data, the three provisions (49 U.S.C. 30118(d) and
size of an AM95 is below the top of the previous generations of the RX model 30120(h)) that permit manufacturers to
head restraint.5 (See figure 10 of going back to MY 1999 were used for file petitions for a determination of
Toyota’s petition) Therefore, for the analysis. While there are design inconsequentiality allow NHTSA to
virtually 100 percent of the female adult differences in each generation, all are exempt manufacturers only from the
population of the United States 6 and mid-size SUV’s, and it is expected that duties found in sections 30118 and
over 95 percent of the U.S. male adult the user demographics and rear seat 30120, respectively, to notify owners,
population, the rear outboard head usage would be representative of the purchasers, and dealers of a defect or
restraints can help ‘‘adequately control subject vehicles. noncompliance and to remedy the
motion of the head and neck relative to Based on the analysis, the occupancy defect or noncompliance. Therefore, any
the torso’’ in a position that can be rate for rear outboard seat occupants in decision on this petition only applies to
adjusted in compliance with the all types of crashes for the RX models the subject vehicles that Toyota no
standard. It can also protect occupants analyzed was 10 percent—meaning that longer controlled at the time it
larger than AM95 occupants when 10 percent of the RX vehicles involved determined that the noncompliance
adjusted to the second notch position. in crashes have a rear outboard existed. However, any decision on this
c. Toyota stated that the rear outboard passenger. This is the same as what petition does not relieve vehicle
head restraints in the subject vehicles NHTSA found to be the occupancy rate distributors and dealers of the
meet and surpass all other performance in the general vehicle population when prohibitions on the sale, offer for sale,
requirements of the standard not only in it undertook the FMVSS 202a or introduction or delivery for
the fully stowed position, but also in rulemaking. In a smaller subset of only introduction into interstate commerce of
both the first and second notch rear crashes, the occupancy rate in the the noncompliant vehicles under their
positons. These include energy RX models is slightly higher, but still control after Toyota notified them that
absorption (S4.2.5 and S5.2.5), backset small—only 13 percent. the subject noncompliance existed.
retention (S4.2.7 and S5.2.7), and height The data analyzed were insufficient to
retention (S4.2.6 and S5.2.6). Toyota provide an understanding of the size of Authority: 49 U.S.C. 30118, 30120:
the occupants who ride in the rear delegations of authority at 49 CFR 1.95 and
summarized the performance in tables 501.8.
that can be found in its petition. It outboard positions in the subject
contended that there is nothing about vehicles. However, considering that the Jeffrey M. Giuseppe,
the performance of the rear outboard occupancy rate is consistent with Director, Office of Vehicle Safety Compliance.
head restraints in the subject vehicles NHTSA’s previous analyses, there is no [FR Doc. 2017–06959 Filed 4–6–17; 8:45 am]
that in relation to the additional criteria reason to believe that occupant sizes BILLING CODE 4910–59–P
set forth in these tables that poses a risk would be significantly different from the
of exacerbating whiplash injuries. general vehicle population. In the Final
3. The occupancy rates and usage of Regulatory Impact Analysis, the agency DEPARTMENT OF TRANSPORTATION
the Lexus RX model further supports the found that, of the small percentage of
conclusion that the noncompliance with occupants that ride in the rear of National Highway Traffic Safety
S4.5 is inconsequential to safety: The vehicles generally, 83 percent of all rear Administration
rear seat vehicle environment has outboard occupants were 5′9″ or less
[Docket No. NHTSA–2016–0118; Notice 1]
unique aspects in terms of occupancy and 17 percent were 5′10″ and above.
rates and usage. This is why the agency The latter is the height of the average Notice of Receipt of Petition for
decided to specify different U.S. male. As outlined in Section II, Decision That Nonconforming Model
requirements for front and rear seat above, the rear outboard head restraints Year 2013 BMW R1200GS Adventure
head restraints. As noted above, the in the subject vehicles are designed so Motorcycles Are Eligible for
agency found that, in the general vehicle that the center of gravity of the head of Importation
population studied for the purpose of the small percentage of large occupants
adopting FMVSS 202a requirements, the who may occasionally ride in the rear AGENCY: National Highway Traffic
occupancy rate for the rear outboard seats of the subject vehicles is below the Safety Administration (NHTSA),
seating positions was about 10 percent. top of the head restraint. Therefore, the Department of Transportation (DOT).
Toyota undertook an analysis of the number of occupants who may actually ACTION: Receipt of petition.
National Automotive Sampling System seek to adjust the rear outboard head
(NASS) General Estimates System (GES) restraints in the subject vehicles is SUMMARY: This document announces
data to better understand the outboard insignificant, further justifying a finding receipt by the National Highway Traffic
rear seat occupancy rate in the subject that the paragraph S4.5 noncompliance Safety Administration (NHTSA) of a
vehicles. The subject vehicles are the is inconsequential to vehicle safety. petition for a decision that model year
fourth generation of the Lexus RX model Toyota stated that it is unaware of any (MY) 2013 BMW R1200GS Adventure
series, which was introduced for consumer complaints, field reports, motorcycles (MCs) that were not
MY2016. Because the exposure of this accidents, or injuries that have occurred originally manufactured to comply with
model year in the fleet is somewhat as a result of this noncompliance as of all applicable Federal motor vehicle
December 15, 2016. safety standards (FMVSS), are eligible
5 NHTSA assumed during the rulemaking that the Toyota concluded by expressing the for importation into the United States
center of gravity of the head of the AM95 was belief that the subject noncompliance is because they are substantially similar to
nlaroche on DSK30NT082PROD with NOTICES

105mm from the top of the head. See FRIA at page
44. See also 66 FR at page 975. Figure 10, below,
inconsequential as it relates to motor vehicles that were originally
uses this value. The center of gravity of the head vehicle safety, and that its petition to be manufactured for sale in the United
of the BIORID III ATD is 110.5mm below the top exempted from providing notification of States and that were certified by their
of the head. the noncompliance, as required by 49 manufacturer as complying with the
6 ‘‘The center of gravity height of a 99th percentile

female reclined at 25 degrees is about 19mm below
U.S.C. 30118, and a remedy for the safety standards (the U.S.-certified
a 750mm (29.5 inches) high head restraint at a noncompliance, as required by 49 version of the 2013 BMW R1200GS
50mm (2 inch) backset.’’ U.S.C. 30120, should be granted. Adventure motorcycles) and they are

VerDate Sep<11>2014 14:52 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\07APN1.SGM 07APN1

Document Created: 2017-04-06 23:49:39
Document Modified: 2017-04-06 23:49:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Receipt of petition.
Dates		The closing date for comments on the petition is May 8, 2017.
Contact		George Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation		82 FR 17082

82 FR 17082 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2013 BMW R1200GS Adventure Motorcycles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATIONNational Highway Traffic Safety Administration

Federal Register Volume 82, Issue 66 (April 7, 2017)

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration