Notice of Receipt of Petition for Decision That Nonconforming 1983 Yamaha RD 350 Motorcycles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. 96-058; Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming

1983 Yamaha RD 350 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming

1983 Yamaha RD 350 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 1983

Yamaha RD 350 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.

DATE: The closing date for comments on the petition is July 25, 1996.

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: George Entwistle, 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.

[[Page 32892]]

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

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

1983 Yamaha RD 350 motorcycles are eligible for importation into the

United States. The vehicle which Champagne believes is substantially

similar is the 1983 Yamaha RZ 350, which was manufactured for

importation into, and sale in, the United States and certified by its

manufacturer, Yamaha Motor Company, as conforming to all applicable

Federal motor vehicle safety standards.

The petitioner claims that it carefully compared the 1983 Yamaha RD

350 to the 1983 Yamaha RZ 350, 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 1983 Yamaha RD 350, as originally manufactured,

conforms to many Federal motor vehicle safety standards in the same

manner as the 1983 Yamaha RZ 350, or is capable of being readily

altered to conform to those standards.

Specifically, the petitioner claims that the 1983 Yamaha RD 350 is

identical to the 1983 Yamaha RZ 350 with respect to compliance with

Standards Nos. 106 Brake Hoses, 111 Rearview Mirrors, 115 Vehicle

Identification Number, 116 Brake Fluid, 119 New Pneumatic Tires for

Vehicles other than Passenger Cars, 120 Tire Selection and Rims for

Vehicles other than Passenger Cars, and 122 Motorcycle Brake Systems.

Petitioner also 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: installation of U.S.- model headlamp assemblies.

Standard No. 123 Motorcycle Controls and Displays: installation of

a U.S. model speedometer calibrated in miles per hour.

Comments should refer to the docket number and be submitted to:

Docket Section, National Highway Traffic Safety Administration, Room

5109, 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.

Issued on: June 19, 1996.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.

[FR Doc. 96-16117 Filed 6-24-96; 8:45 am]

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