Notice of Receipt of Petition for Decision That Nonconforming 2009 Buell 1125R, Ulysses XB, Lightning XB, and Blast Motorcycles Are Eligible for Importation |
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Topics: Buell 1125R, Buell Blast, Buell Lightning, Buell Ulysses
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
January 26, 2016
[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4363-4364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01490]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0080 Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
2009 Buell 1125R, Ulysses XB, Lightning XB, and Blast Motorcycles Are
Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
nonconforming 2009 Buell 1125R, Ulysses XB, Lightning XB, and Blast
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 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 (the U.S.-certified version of the
2009 Buell 1125R, Ulysses XB, Lightning XB, and Blast motorcycles) and
they are capable of being readily altered to conform to the standards.
DATES: The closing date for comments on the petition is February 25,
2016.
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: 202-493-2251.
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).
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 view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. 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: George Stevens, Office of Vehicle
Safety Compliance, NHTSA (202-366-5308).
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 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 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.
Skytop Rover Co., of Philadelphia, PA (Registered Importer R-06-
343) (Skytop) has petitioned NHTSA to decide whether the subject
nonconforming 2009 Buell motorcycles are eligible for importation into
the United States. The vehicles which Skytop believes are substantially
similar are 2009 Buell 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 compared non-U.S. certified 2009
Buell 1125R, Ulysses XB, Lightning XB, and Blast motorcycles to their
U.S.-certified counterparts, and found the vehicles to be substantially
similar with respect to compliance with most FMVSS.
Skytop submitted information with its petition intended to
demonstrate that the subject non-U.S. certified 2009 Buell 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 2009
Buell motorcycles are identical to their U.S.
[[Page 4364]]
certified counterparts with respect to compliance with: Standard Nos.
106 Brake Hoses, 111 Rear Visibility, 116 Motor Vehicle Brake Fluids,
119 New Pneumatic Tires for Motorcycles, and 122 Motorcycle Brake
Systems.
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: replacement of front and rear turn signal lamps, front, rear
and side mounted reflex reflectors, headlamps, rear taillamps, stop
lamps, and license plate lamps with U.S. certified components on
vehicles that are not already so equipped.
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: inspection of
each vehicle and replacement of non-conforming speedometers with U.S.-
model components on vehicles not already so equipped.
Standard No. 205 Glazing Materials: inspection of each vehicles and
removal of noncompliant glazing or replacement of the glazing with
U.S.-certified components on vehicles not already so equipped.
The petitioner additionally states that the vehicles meet the
requirements of 49 CFR part 565 VIN Requirements.
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 addresses 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), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-01490 Filed 1-25-16; 8:45 am]
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