Notice of Receipt of Petition for Decision That Nonconforming Model Year 2011 Ducati Multistrada Motorcycles Are Eligible for Importation |
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Topics: Ducati Multistrada
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
19 July 2016
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46998-46999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16935]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2016-0060; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2011 Ducati Multistrada Motorcycles Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, 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
model year (MY) 2011 Ducati Multistrada Motorcycles (MCs) 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 2011 Ducati Multistrada
Motorcycles) and they are capable of being readily altered to conform
to the standards.
DATES: The closing date for comments on the petition is August 18,
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
[[Page 46999]]
received, whether the vehicle is eligible for importation. The agency
then publishes this decision in the Federal Register.
Skytop Rover Co. (Skytop), of Philadelphia, Pennsylvania
(Registered Importer R-06-343) has petitioned NHTSA to decide whether
nonconforming 2011 Ducati Multistrada MCs are eligible for importation
into the United States. The vehicles which Skytop believes are
substantially similar are MY 2011 Ducati Multistrada MCs sold 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 MY 2011
Ducati Multistrada MCs 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 non-U.S. certified MY 2011 Ducati Multistrada MCs, as
originally manufactured, conform to many applicable 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 the non U.S.-certified MY 2011 Ducati
Multistrada MCs, as originally manufactured, conform to: Standard Nos.
106 Brake Hoses, 111 Rear Visibility, 116 Motor Vehicle Brake Fluids,
and 122 Motorcycle Brake Systems.
The petitioner also contends that the subject non-U.S certified
vehicles are capable of being readily altered to meet the following
standards, in the manner indicated:
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Inspection of each vehicle and replacement of non-conforming
components with U.S.-model components on any vehicle not already so
equipped.
Standard No. 120 Tire Selection And Rims And Motor Home/Recreation
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles
With a GVWR of More Than 4,536 Kilograms (10,000 Pounds): Installation
of the required 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 vehicle and
removal of noncompliant glazing or replacement with U.S. certified
glazing.
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. 2016-16935 Filed 7-18-16; 8:45 am]
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