Notice of Receipt of Petition for Decision That Nonconforming 1991 Yamaha FJ1200 (4CR) Motorcycles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 95-18; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1991 Yamaha FJ1200 (4CR) Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Notice of receipt of petition for decision that nonconforming

1991 Yamaha FJ1200 (4CR) motorcycles are eligible for importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic

Safety Administration (NHTSA) of a petition for a decision that a 1991

Yamaha FJ1200 (4CR) that was not originally manufactured to comply with

all applicable Federal motor vehicle safety standards is eligible for

importation into the United States because (1) It is substantially

similar to a vehicle that was originally manufactured for importation

into and sale in the United States and that was certified by its

manufacturer as complying with the safety standards, and (2) it is

capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is April 17, 1995.

ADDRESSES: Comments should refer to the docket number and notice

number, and be submitted to: Docket Section, Room 5109, National

Highway Traffic Safety Administration, 400 Seventh St., SW, Washington,

DC 20590. (Docket hours are from 9:30 am to 4 pm.)

FOR FURTHER INFORMATION CONTACT: Ted Bayler, Office of Vehicle Safety

Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

Under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(A)(i)(I)

of the National Traffic and Motor Vehicle Safety Act (the Act)), 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 (formerly section 114 of the Act), 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.

Champagne Imports, Inc. of Lansdale, Pennsylvania (``Champagne'')

(Registered Importer 90-009) has petitioned NHTSA to decide whether

1991 Yamaha FJ1200 (4CR) motorcycles are eligible for importation into

the United States. The vehicle which Champagne believes is

substantially similar is the 1991 Yamaha FJ1200 (4CR) motorcycle that

was manufactured for importation into, and sale in, the United States

and certified by its manufacturer as conforming to all applicable

Federal motor vehicle safety standards.

The petitioner claims that it carefully compared the non-U.S.

certified 1991 Yamaha FJ1200 (4CR) motorcycle to its U.S. certified

counterpart, and found the two vehicles to be substantially similar

with respect to compliance with most Federal motor vehicle safety

standards.

Champagne submitted information with its petition intended to

demonstrate that the non-U.S. certified 1991 Yamaha FJ1200 (4CR)

motorcycle, as originally manufactured, conforms to many Federal motor

vehicle safety standards in the same manner as its U.S. certified

counterpart, or is capable of being readily altered to conform to those

standards.

Specifically, the petitioner claims that the 1991 Yamaha FJ1200

(4CR) is identical to its U.S. certified counterpart with respect to

compliance with Standards Nos. 106 Brake Hoses, 111 Rearview Mirrors,

115 Vehicle Identification Number, 116 Motor Vehicle Brake Fluids, 122

Motorcycle Brake Systems and 205 Glazing Materials.

The petitioner further contends that the vehicle is capable of

being readily altered to meet the following standards, in the manner

indicated:

Standard No. 108 Lamps, Reflective Devices, and Associated

Equipment: (a) Installation of a U.S. model headlamp; (b) installation

of a U.S. model flasher relay/lamp assembly; (c) installation of a U.S.

model taillamp assembly.

Standard No. 119 New Pneumatic tires for Vehicles other than

Passenger Cars: Replacement of the original tires with ones that bear

the DOT marking and a tire identification number.

Standard No. 120 Tire Selection and Rims for Motor Vehicles other

than Passenger Cars: Installation of a tire information placard.

Standard No. 123 Motorcycle Controls and Displays: Replacement of

the speedometer/odometer with one calibrated in miles per hour.

Interested persons are invited to submit comments on the petition

described above. Comments should refer to the docket number and be

submitted to: Docket Section, National Highway Traffic Safety

Administration, Room 5109, 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.

[[Page 14319]] Issued on March 10, 1995.

Harry Thompson,

Acting Director, Office of Vehicle Safety Compliance.

[FR Doc. 95-6482 Filed 3-15-95; 8:45 am]

BILLING CODE 4910-59-M