[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Notices]
[Page 39359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19482]



[[Page 39359]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4078]


Notice of Receipt of Petition for Decision that Nonconforming 
1996-1999 Magni Australia, Magni Sfida, and Moto Guzzi Daytona RS 
Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1996-1999 Magni Australia, Magni Sfida, and Moto Guzzi Daytona RS 
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 
1996-1999 Magni Australia, Magni Sfida, and Moto Guzzi Daytona RS 
motorcycles that were not originally manufactured to comply with all 
applicable Federal motor vehicle safety standards are eligible for 
importation into the United States because (1) they are substantially 
similar to vehicles that were originally manufactured for importation 
into and sale in the United States and that were certified by their 
manufacturer as complying with the safety standards, and (2) they are 
capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is August 21, 
1998.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Management, Room PL -401, 400 
Seventh St., SW, Washington, DC 20590. [Docket hours are from 10 am to 
5 pm]

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 30141(a)(1)(A), 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 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. Sec. 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 Federal motor vehicle safety standards.
    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.
    J.K. Motors of Kingsville, Maryland (``J.K.'') (Registered Importer 
90-006) has petitioned NHTSA to decide whether non-U.S. certified 1996-
1999 Magni Australia, Magni Sfida, and Moto Guzzi Daytona RS 
motorcycles are eligible for importation into the United States. The 
vehicles which J.K. believes are substantially similar are 1996-1999 
Moto Guzzi Daytona RS motorcycles that were manufactured for 
importation into, and sale in, the United States and certified by their 
manufacturer as conforming to all applicable Federal motor vehicle 
safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
1996-1999 Magni Australia, Magni Sfida, and Moto Guzzi Daytona RS 
motorcycles to U.S. certified 1996-1999 Moto Guzzi Daytona RS 
motorcycles, and found the vehicles to be substantially similar with 
respect to compliance with most Federal motor vehicle safety standards.
    J.K. submitted information with its petition intended to 
demonstrate that non-U.S. certified 1996-1999 Magni Australia, Magni 
Sfida, and Moto Guzzi Daytona RS motorcycles, as originally 
manufactured, conform to many Federal motor vehicle safety standards in 
the same manner as U.S. certified 1996-1999 Moto Guzzi Daytona RS 
motorcycles, or are capable of being readily altered to conform to 
those standards.
    Specifically, the petitioner claims that non-U.S. certified 1996-
1999 Magni Australia, Magni Sfida, and Moto Guzzi Daytona RS 
motorcycles are identical to U.S. certified 1996-1999 Moto Guzzi 
Daytona RS motorcycles with respect to compliance with Standard Nos. 
106 Brake Hoses, 111 Rearview Mirrors, 116 Brake Fluid, 119 New 
Pneumatic Tires for Vehicles Other Than Passenger Cars, 120 Tire 
Selection and Rims for Vehicles Other Than Passenger Cars, 122 
Motorcycle Brake Systems, 123 Motorcycle Controls and Displays, and 205 
Glazing Materials.
    The petitioner also states that non-U.S. certified 1996-1999 Magni 
Australia, Magni Sfida, and Moto Guzzi Daytona RS motorcycles are 
equipped with vehicle identification number plates meeting the 
requirements of 49 CFR Part 565.
    Petitioner additionally contends that the vehicles are capable of 
being readily altered to meet the following standard, in the manner 
indicated:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.-model headlamp assemblies; (b) 
installation of U.S. model taillamp assemblies which incorporate rear 
sidemarker lamps and side reflectors.
    Comments should refer to the docket number and be submitted to: 
Docket Management, Room PL-401, 400 Seventh Street, S.W., Washington, 
DC 20590. It is requested but not required that 10 copies be submitted.
    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 address 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: July 16, 1998.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 98-19482 Filed 7-21-98; 8:45 am]
BILLING CODE 4910-59-P