[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Notices]
[Pages 28024-28025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12731]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-9649]


Notice of Receipt of Petition for Decision That Nonconforming 
1995-2000 KTM Duke II Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1995-2000 KTM Duke II 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 
1995-2000 KTM Duke II 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 June 20, 2001.

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 9 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. 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. 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.
    Northern California Diagnostic Laboratories, Inc. of Napa, 
California (NCDL'') (Registered Importer 92-011) has petitioned NHTSA 
to decide whether non-U.S. certified 1995-2000 KTM Duke II motorcycles 
are eligible for importation into the United States.
    The vehicles which NCDL believes are substantially similar are 
1995-2000 KTM Duke II 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 
1995-2000 KTM Duke II motorcycles to their U.S. certified counterparts, 
and found the vehicles to be substantially similar with respect to 
compliance with most Federal motor vehicle safety standards.
    NCDL submitted information with its petition intended to 
demonstrate that non-U.S. certified 1995-2000 KTM Duke II motorcycles, 
as originally manufactured, conform to many Federal motor vehicle 
safety standards 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 non-U.S. certified 1995-
2000 KTM Duke II motorcycles are identical to their U.S. certified 
counterparts 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, and 122 Motorcycle Brake 
Systems. 
    The petitioner also states that vehicle identification number 
plates that meet the requirements of 49 CFR part 565 are already 
affixed to non-U.S. certified 1995-2000 KTM Duke II motorcycles.
    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 a red reflector on each side of vehicle 
at its rear end; (b) installation of an amber reflector on each side of 
the vehicle at its front end. The petitioner states that the vehicle is 
equipped with a headlamp system, a tail lamp system, a stop lamp 
system, a white license plate lamp, a red rear reflector, and turn 
signals that are in conformity with the standard.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: Installation of a tire information label.
    Standard No. 123 Motorcycle Controls and Displays: Modification of 
the speedometer to conform to the standard. The petitioner states that 
all other controls and displays on the vehicle, including the 
supplemental engine stop control, conform to the standard.
    Comments should refer to the docket number and be submitted to: 
Docket Management, Room PL-401, 400 Seventh Street, SW., Washington, DC

[[Page 28025]]

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: May 16, 2001.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 01-12731 Filed 5-18-01; 8:45 am]
BILLING CODE 4910-59-P