[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Notices]
[Pages 62369-62370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21581]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration


Notice of Receipt of Petition for Decision that Nonconforming 
1999-2005 Ducati ST4s Motorcycles are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Notice of receipt of petition for decision that nonconforming 
1999-2005 Ducati ST4s motorcycles are eligible for importation.

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SUMMARY: This doclument announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
1999-2005 Ducati ST4s motorcylces that were not originally manufactured 
to comply with all applicable Federal motor vehicle safety standards 
(FMVSS) 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 November 30, 
2005.

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 FMVSS 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 FMVSS.
    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.
    US SPECS of Aberdeen, Maryland (Registered Importer 03-321) has 
petitioned NHTSA to decide whether non-U.S. certified 1999-2005 Ducati 
ST4s motorcycles are eligible for importation into the United States. 
The vehicles that US SPECS believes are

[[Page 62370-64074]]

substantially similar are 1999-2005 Ducati ST4s motorcycles that were 
manufactured for importation into and sale in the United States and 
were certified by their manufacturer as conforming to all applicable 
FMVSS.
    The petitioner claims that it carefully compared non-U.S. certified 
1999-2005 Ducati ST4s motorcycles to their U.S. certified counterparts, 
and found the vehicles to be substantially similar with respect to 
compliance with most FMVSS.
    US SPECS submitted information with its petition intended to 
demonstrate that non-U.S. certified 1999-2005 Ducati ST4s motorcycles, 
as originally manufactured, conform to many FMVSS 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 1999-
2005 Ducati ST4s motorcycles 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, and 122 Motorcycle Brake Systems.
    The petitioner further 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: inspection of all vehicles and replacement of the following 
with U.S.-model components on vehicles not already so equipped: (a) 
Headlamps; (b) tail lamps: (c) front and rear turn signal lamps; and 
(d) front and rear side-mounted reflex reflectors.
    Standard No. 111 Rearview Mirrors: installation of a U.S.-model 
passenger side rearview mirror, or inscription of the required warning 
statement on the face of that mirror.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: (a) installation of a tire information placard; and (b) 
inspection of all vehicles to ensure compliance with rim marking 
requirements, and replacement of rims that are not properly marked with 
U.S.-model rims.
    Standard No. 123 Motorcycle Controls and Displays: installation of 
a U.S.-model speedometer, or modification of the speedometer so that it 
reads in miles per hour.
    Standard No. 205 Glazing Materials: inspection of all vehicles, and 
removal of noncompliant glazing or replacement of the glazing with 
U.S.-model components on vehicles that are not already so equipped.
    Comments should refer to the docket number and be submitted to: 
Docket Management, Room PL-401, 400 Seventh Street, S.W., 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.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05-21581 Filed 10-28-05; 8:45 am]
BILLING CODE 4910-59-P