[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Notices]
[Pages 4355-4356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1863]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-16948]


Notice of Receipt of Petition for Decision that Nonconforming 
2003-2004 CFMOTO CF125T-2 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Notice of receipt of petition for decision that nonconforming 
2003-2004 CFMOTO CF125T-2 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 
2003-2004 CFMOTO CF125T-2 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 March 1, 2004.

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. 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

[[Page 4356]]

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.
    US SPECS of Aberdeen, Maryland (Registered Importer 03-321) has 
petitioned NHTSA to decide whether 2003-2004 CFMOTO CF125T-2 
motorcycles that were not originally manufactured to conform to all 
applicable Federal motor vehicle safety standards are eligible for 
importation into the United States. U.S. SPECS 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 2003-2004 CFMOTO CF125T-2 
motorcycles have safety features that comply with Standard Nos. 111 
Rearview Mirrors, 119 New Pneumatic Tires for Vehicles other than 
Passenger Cars, and 122 Motorcycle Brake Systems.
    The petitioner claims that the vehicles are assigned vehicle 
identification numbers that conform to the requirements of 49 CFR part 
565.
    The petitioner also 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: (a) Installation of a DOT compliant headlamp system 
assembly; (b) installation of red rear side reflectors and amber front 
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, a red rear 
reflector, and front and rear turn signals that conform to the 
requirements of the standard.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: Installation of a tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: (a) Inscription 
of the appropriate symbol on the supplemental stop engine control 
mounted on the right handlebar; (b) modification of the speedometer to 
read in miles per hour. The petitioner states that other controls and 
displays on the vehicles conform to 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: January 23, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-1863 Filed 1-28-04; 8:45 am]
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