[Federal Register: October 22, 2007 (Volume 72, Number 203)]
[Notices]
[Page 59584-59585]
[DOCID:fr22oc07-121]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0007]

Notice of Receipt of Petition for Decision That Nonconforming
1988 Ducati 851 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming
1988 Ducati 851 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
1988 Ducati 851 motorcycles 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 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 21,
2007.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140,

1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information

provided. Please see the Privacy Act heading below.
    Privacy Act: 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 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov
.

    How To Read Comments Submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also see the comments on the Internet. To read the
comments on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page
http://www.regulations.gov.

    (2) On that page, click on ``search for dockets.''
    (3) On the next page (http://www.regulations.gov/fdmspublic/component/main
), select NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

from the drop-down menu in the Agency field, enter the Docket ID number
and title shown at the heading of this document, and select
``Nonrulemaking'' from the drop-down menu in the Type field and
``Vehicle Import Eligibility'' in the drop-down menu in the Sub-Type
field.
    (4) After entering that information, click on ``submit.''
    (5) The next page contains docket summary information for the
docket you selected. Click on the comments you wish to see. You may
download the comments. Although the comments are imaged documents,
instead of the word processing documents, the ``pdf'' versions of the
documents are word searchable. Please note that even after the comment
closing date, we will continue to file relevant information in the
Docket as it becomes available. Further, some people may submit late
comments. Accordingly, we recommend that you periodically search the
Docket for new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

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 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.
    J.K. Technologies, LLC, of Baltimore, Maryland (``J.K.'')
(Registered Importer 90-006) has petitioned NHTSA to decide whether
non-U.S. certified 1988 Ducati 851 motorcycles are eligible for
importation into the United States. The vehicles that J.K. believes are
substantially similar are 1988 Ducati 851 motorcycles that were
manufactured for sale in the United States and certified by their
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S. certified
1988 Ducati 851 motorcycles to their U.S. certified counterparts, and
found the vehicles to be substantially similar with respect to
compliance with most FMVSS.
    J.K. submitted information with its petition intended to
demonstrate that non-U.S. certified 1988 Ducati 851 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 1988
Ducati 851 motorcycles are identical to their U.S. certified
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, 120 Tire Selection and Rims for
Vehicles other than Passenger Cars, 122 Motorcycle Brake Systems, and
123 Motorcycle Controls and Displays.
    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: Installation of U.S.-certified headlamps.
    Standard No. 205 Glazing Materials: Inspection of all vehicles, and
removal of noncompliant glazing or replacement of the glazing with
U.S.-certified components on vehicles that are not already so equipped.
    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: October 16, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E7-20768 Filed 10-19-07; 8:45 am]

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