[Federal Register Volume 67, Number 208 (Monday, October 28, 2002)]
[Notices]
[Pages 65834-65835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27387]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13538]


Notice of Receipt of Petition for Decision That Nonconforming 
2002 Yamaha FJR 1300 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2002 Yamaha FJR 1300 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 
2002 Yamaha FJR 1300 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 they have 
safety features that comply with, or are capable of being altered to 
comply with, all such standards.

DATES: The closing date for comments on the petition is November 27, 
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 a.m. 
to 5 p.m.)

FOR FURTHER INFORMATION CONTACT: Luke Loy, 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 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

[[Page 65835]]

conform to all applicable Federal motor vehicle safety standards.
    Where there is no substantially similar U.S.-certified motor 
vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle 
to be admitted into the United States if its safety features comply 
with, or are capable of being altered to comply with, all applicable 
Federal motor vehicle safety standards based on destructive test data 
or such other evidence as NHTSA decides to be adequate.
    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 2002 Yamaha FJR 1300 motorcycles 
are eligible for importation into the United States. NCDL contends that 
these vehicles are eligible for importation under 49 U.S.C. 
30141(a)(1)(B) because they have safety features that comply with, or 
are capable of being altered to comply with, all applicable Federal 
motor vehicle safety standards.
    Specifically, the petitioner claims that non-U.S. certified 2002 
Yamaha FJR 1300 motorcycles have safety features that comply with 
Standard Nos. 106 Brake Hoses, 111 Rearview Mirrors, 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 vehicle identification number (VIN) 
plates that meet the requirements of 49 CFR Part 565 have been affixed 
to non-U.S. certified 2002 Yamaha FJR 1300 motorcycles.
    Petitioner additionally contends that the vehicles are capable of 
being altered to meet the following standards, in the manner indicated 
below:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of headlamp bulbs, amber front side reflectors, 
and red rear side reflectors that conform to the requirements of the 
standard. The petitioner states that the vehicles are already equipped 
with a tail lamp system, a stop lamp system, a white license plate 
lamp, and turn signals that conform to the standard.
    Standard No. 120, Tire Selection and Rims for Vehicles other than 
Passenger Cars: installation of a label showing that the tires and rims 
are in conformity with the requirements of the standard.
    Standard No. 123 Motorcycle Controls and Displays: modification of 
the speedometer to read in miles per hour. The petitioner states that 
the vehicles are already equipped with a supplemental engine stop 
control on the right handlebar and other controls and displays that are 
in conformity with the requirements of the standard.
    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 Register pursuant to the authority 
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(B) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: October 23, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-27387 Filed 10-25-02; 8:45 am]
BILLING CODE 4910-59-M