National Highway Traffic Safety Administration, DOT.
Notice of receipt of petition for decision that nonconforming 1999-2003 Suzuki GSX-R 750 motorcycles are eligible for importation.
This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1999-2003 Suzuki GSX-R 750 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.
The closing date for comments on the petition is December 15, 2003.
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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA (202-366-3151).End Further Info End Preamble Start Supplemental Information
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.
Northern California Diagnostic Laboratories, Inc. of Napa, California (“NCDL”) (Registered Importer 92-011) has petitioned NHTSA to decide whether non-U.S. certified 1999-2003 Suzuki GSX-R 750 motorcycles are eligible for importation into the United States. The vehicles which NCDL believes are substantially similar are 1999-2003 Suzuki GSX-R 750 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. certified 1999-2003 Suzuki GSX-R 750 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.
NCDL submitted information with its petition intended to demonstrate that non-U.S. certified 1999-2003 Suzuki GSX-R 750 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 1999-2003 Suzuki GSX-R 750 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 also states that vehicle identification number (VIN) plates that meet the requirements of 49 CFR Part 565 have been affixed to non-U.S. certified 1999-2003 Suzuki GSX-R 750 motorcycles.
Petitioner additionally 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: installation of amber front side reflectors, and red rear side reflectors that conform to the requirements of the standard. The petitioner states that the vehicles are already equipped with a headlamp system, a tail lamp system, a stop lamp system, a white license plate lamp, a red rear reflector, and turn signals that conform to the standard.
Standard No. 111 Rearview Mirrors: installation of rearview mirrors that conform to the standard.
Standard No. 120 Tire Selection and Rims for Vehicles other than Passenger Cars: installation of a label showing that the tires and rims are in conformity with the requirements of the standard.
Standard No. 123 Motorcycle Controls and Displays: modification of the speedometer to read in miles per hour. The petitioner states that the vehicles are already equipped with a supplemental engine stop control on the right handlebar and with other controls and displays that are in conformity with the requirements of the standard.
Comments should refer to the docket number and be submitted to: Docket Management, Room PL-401, 400 Start Printed Page 64681Seventh 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.Start Signature
Issued on: November 10, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-28526 Filed 11-13-03; 8:45 am]
BILLING CODE 4910-59-P