[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Notices]
[Pages 13823-13824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7164]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-11780]


Notice of Receipt of Petition for Decision That Nonconforming 
2001 and 2002 Vespa ET2 and ET4 Motor Scooters Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2001 and 2002 Vespa ET2 and ET4 motor scooters 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 
2001 and 2002 Vespa ET2 and ET4 motor scooters 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 April 25, 2002.

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.
    Automobile Concepts, Inc. of North Miami, Florida (``ACI'') 
(Registered Importer 01-278) has petitioned NHTSA to decide whether 
non-U.S. certified 2001 and 2002 Vespa ET2 and ET4 motor scooters are 
eligible for importation into the United States. The vehicles, which 
ACI believes are substantially similar, are 2001 and 2002 Vespa ET2 and 
ET4 motor scooters that were manufactured for importation into and sale 
in the United States and certified by their manufacturer, Piaggio & Co. 
SpA. as conforming to all applicable Federal motor vehicle safety 
standards.
    The petitioner claims that it carefully compared non-U.S. certified 
2001 and 2002 Vespa ET2 and ET4 motor scooters 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.
    ACI submitted information with its petition intended to demonstrate 
that non-U.S. certified 2001 and 2002 Vespa ET2 and ET4 motor scooters, 
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 2001 
and 2002 Vespa ET2 and ET4 motor scooters are identical to their U.S. 
certified counterparts with respect to compliance with Standard Nos. 
106 Brake Hoses, 116 Brake Fluid, 119 New Pneumatic Tires for Vehicles 
other than Passenger Cars, 122 Motorcycle Brake Systems, and 205 
Glazing Materials.
    The petitioner also states that the original manufacturer has 
stamped into the frame of each non-U.S. certified 2001 and 2002 Vespa 
ET2 and ET4 motor scooters a unique 17-digit vehicle identification 
number (VIN) that meets the requirements of 49 CFR Part 565.
    Petitioner additionally contends that the vehicles are capable of 
being readily altered to meet the following standards, in the manner 
indicated below:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Replacement of all bulbs, including headlamp, stop lamp, 
and directional signals, with U.S.-certified components; (b) 
replacement of the stop lamp lens with a U.S.-certified component; (c) 
installation of U.S.-certified front amber reflectors; (d) installation 
of a U.S.-certified rear reflector; (e) installation of U.S.-certified 
rear red reflector.
    Standard No. 111 Rearview Mirrors: Inscription of the required 
warning statement on the rearview mirrors, or replacement of those 
mirrors with U.S.-model components.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: Installation of a tire information label that displays 
the recommended tire size, rim size, and cold inflation pressure. The 
petitioner states that the vehicles are equipped from the factory with 
rims that are marked in accordance with the standard, identical to 
those on their U.S.-certified counterparts.
    Standard No. 123 Motorcycle Controls and Displays: (a) Installation 
of a U.S. model speedometer calibrated in miles per hour and a U.S. 
model odometer that measures distance traveled in miles; (b) 
installation of a supplemental engine stop control on the right side of 
the handlebar, identified as ``engine stop,'' with ``off'' and ``run'' 
positions.
    The petitioner states that when the vehicle has been brought into 
conformity with all applicable Federal motor vehicle safety standards, 
a certification label that meets the requirements of 49 CFR part 567 
will be affixed to the frame of the motor scooter.
    Comments should refer to the docket number and be submitted to: 
Docket Management, Room PL-401, 400 Seventh Street, SW., 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

[[Page 13824]]

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: March 19, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-7164 Filed 3-25-02; 8:45 am]
BILLING CODE 4910-59-P