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###### Department of Transportation

###### National Highway Traffic Safety Administration 

          - [Docket No. NHTSA-2001-9649] 

# AGENCY:

National Highway Traffic Safety Administration, DOT.

# ACTION:

Notice of receipt of petition for decision that nonconforming 1995-2000 KTM Duke II motorcycles are eligible for importation. 

# SUMMARY:

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 1995-2000 KTM Duke II 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 June 20, 2001. 

# 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 am to 5 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), 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 1995-2000 KTM Duke II motorcycles are eligible for importation into the United States. 

The vehicles which NCDL believes are substantially similar are 1995-2000 KTM Duke II 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 1995-2000 KTM Duke II 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 1995-2000 KTM Duke II 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 1995-2000 KTM Duke II 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, and 122 Motorcycle Brake Systems.*

The petitioner also states that vehicle identification number plates that meet the requirements of 49 CFR part 565 are already affixed to non-U.S. certified 1995-2000 KTM Duke II motorcycles. 

Petitioner additionally contends that the vehicles are capable of being readily altered to meet the following standard, in the manner indicated: 

                    Standard No. 108                     *Lamps, Reflective Devices and Associated Equipment:*                    (a) Installation of a red reflector on each side of vehicle at its rear end; (b) installation of an amber reflector on each side of the vehicle at its front end. The petitioner states that the vehicle is 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 are in conformity with the standard.                 

                    Standard No. 120                     *Tire Selection and Rims for Vehicles other than Passenger Cars:*                    Installation of a tire information label.                 

                    Standard No. 123                     *Motorcycle Controls and Displays:*                    Modification of the speedometer to conform to the standard. The petitioner states that all other controls and displays on the vehicle, including the supplemental engine stop control, conform to the standard.                 

                    Comments should refer to the docket number and be submitted to: Docket Management, Room PL-401, 400 Seventh Street, SW., Washington, DC                           ( print page 28025)                        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: May 16, 2001.

Marilynne Jacobs, 

Director, Office of Vehicle Safety Compliance.

[FR Doc. 01-12731 Filed 5-18-01; 8:45 am] 

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