[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Notices]
[Pages 2396-2397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-918]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-14087]


Notice of Receipt of Petition for Decision that Nonconforming 
2002 Moto Guzzi California EV Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, (DOT).

ACTION: Notice of receipt of petition for decision that nonconforming 
2002 Moto Guzzi California EV 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 Moto Guzzi California EV 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 February 18, 
2003.

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. Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(``WETL'')(Registered Importer 90-005) has petitioned NHTSA to decide 
whether non-U.S. certified 2002 Moto Guzzi California EV motorcycles 
are eligible for importation into the United States. The vehicles that 
WETL believes are substantially similar are 2002 Moto Guzzi California 
EV motorcycles that were manufactured for importation into and sale in 
the United States and certified by their manufacturer, Moto Guzzi 
S.p.A., as conforming to all applicable Federal motor vehicle safety 
standards.
    The petitioner claims that it carefully compared non-U.S. certified 
2002 Moto Guzzi California EV 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.
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified 2002 Moto Guzzi California EV 
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 2002 
Moto Guzzi California EV 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, 120 Tire 
Selection and Rims for Vehicles other than Passenger Cars, 122 
Motorcycle Brake Systems, and 123 Motorcycle Controls and Displays.
    The petitioner also states that non-U.S. certified 2002 Moto Guzzi 
California EV motorcycles are identical to their U.S. certified 
counterparts with respect to compliance with the vehicle identification 
number requirements of 49 CFR Part 565.
    The petitioner further contends that the vehicles are capable of 
being readily altered to meet the following standard, in the manner 
indicated below:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: replacement of the existing headlamp lens with a U.S.-model 
component and installation of front amber and rear red reflectors.
    WETL submitted with the petition a letter from Moto Guzzi North 
America, Inc., the manufacturer's U.S. representative, which stated 
that the differences between the non-U.S. certified 2002 Moto Guzzi 
California EV motorcycle that is the subject of the petition and the 
U.S.-certified version of the vehicle ``are minimal,'' and ``include 
the headlight and side reflectors.'' The letter identified no other 
differences between the two vehicles.

[[Page 2397]]

    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)(A) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: January 10, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-918 Filed 1-15-03; 8:45 am]
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