[Federal Register Volume 68, Number 115 (Monday, June 16, 2003)]
[Notices]
[Pages 35773-35774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15083]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-15386]


Notice of Receipt of Petition for Decision that Nonconforming 
2001 Ducati Monster 600 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2001 Ducati Monster 600 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 
2001 Ducati Monster 600 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 July 16, 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 a.m. 
to 5 p.m.) 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, Inc. of Houston, Texas (``Wallace'') 
(Registered Importer 90-005) has petitioned NHTSA to decide whether 
2001 Ducati Monster 600 motorcycles are eligible for importation into 
the United States. The vehicles which Wallace believes are 
substantially similar are 2001 Ducati Monster 600 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. 2001 
Ducati Monster 600 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.
    Wallace submitted information with its petition intended to 
demonstrate that non-U.S. certified 2001 Ducati Monster 600 
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 2001 
Ducati Monster 600 motorcycles are identical to their U.S. 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.
    Petitioner also contends that the vehicles are capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of compliant front amber reflectors and rear 
red reflectors.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: installation of a tire information placard and 
inspection to assure compliance with rim marking requirements. Rims 
that do not comply with the rim marking requirements must be replaced 
with compliant rims.
    Standard No. 123 Motorcycle Controls and Displays: installation of 
a U.S. model speedometer/odometer calibrated in miles per hour.
    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 front of the motorcycle frame.
    Comments should refer to the docket number and be submitted to: 
Docket Management, Room PL-401, 400

[[Page 35774]]

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: June 10, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-15083 Filed 6-13-03; 8:45 am]
BILLING CODE 4910-59-P