[Federal Register: July 21, 2003 (Volume 68, Number 139)]
[Notices]
[Page 43254]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy03-151]
[[Page 43254]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2003-15683]
Notice of Receipt of Petition for Decision That Nonconforming
1982 Triumph TSS Motorcycles Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
1982 Triumph TSS 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
1982 Triumph TSS 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 August 20,
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
1982 Triumph TSS motorcycles are eligible for importation into the
United States. The vehicles which Wallace believes are substantially
similar are 1982 Triumph TSS 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. 1982
Triumph TSS 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 1982 Triumph TSS 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 1982
Triumph TSS 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, Standard No. 120 Tire Selection and Rims 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: replacement of the existing headlamp and rear tail lamp
envelope with compliant components, and installation of compliant front
amber reflectors and rear red reflectors.
Standard No. 123 Motorcycle Controls and Displays: installation of
a U.S. model speedometer 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 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: July 14, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-18494 Filed 7-18-03; 8:45 am]
BILLING CODE 4910-59-P