81_FR_4379 81 FR 4363 - Notice of Receipt of Petition for Decision That Nonconforming 2009 Buell 1125R, Ulysses XB, Lightning XB, and Blast Motorcycles Are Eligible for Importation

81 FR 4363 - Notice of Receipt of Petition for Decision That Nonconforming 2009 Buell 1125R, Ulysses XB, Lightning XB, and Blast Motorcycles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 16 (January 26, 2016)

Page Range4363-4364
FR Document2016-01490

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.

Federal Register, Volume 81 Issue 16 (Tuesday, January 26, 2016)
[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4363-4364]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-59-P



                                                                                Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices                                             4363

                                                  noncompliant glazing or replacement of                  DATES:   The closing date for comments                 FOR FURTHER INFORMATION CONTACT:
                                                  the glazing with U.S. certified                         on the petition is February 25, 2016.                  George Stevens, Office of Vehicle Safety
                                                  components on vehicles not already so                   ADDRESSES: Comments should refer to                    Compliance, NHTSA (202–366–5308).
                                                  equipped.                                               the docket and notice numbers above                    SUPPLEMENTARY INFORMATION:
                                                    The petitioner additionally states that               and be submitted by any of the
                                                  the vehicles meet the requirements of 49                                                                       Background
                                                                                                          following methods:
                                                  CFR part 565 VIN Requirements.                                                                                    Under 49 U.S.C. 30141(a)(1)(A), a
                                                                                                             • Federal eRulemaking Portal: Go to                 motor vehicle that was not originally
                                                    All comments received before the                      http://www.regulations.gov. Follow the
                                                  close of business on the closing date                                                                          manufactured to conform to all
                                                                                                          online instructions for submitting                     applicable FMVSS shall be refused
                                                  indicated above will be considered, and                 comments.
                                                  will be available for examination in the                                                                       admission into the United States unless
                                                  docket at the above addresses both                         • Mail: Docket Management Facility:                 NHTSA has decided that the motor
                                                  before and after that date. To the extent               U.S. Department of Transportation, 1200                vehicle is substantially similar to a
                                                  possible, comments filed after the                      New Jersey Avenue SE., West Building                   motor vehicle originally manufactured
                                                  closing date will also be considered.                   Ground Floor, Room W12–140,                            for importation into and sale in the
                                                  Notice of final action on the petition                  Washington, DC 20590–0001.                             United States, certified under 49 U.S.C.
                                                  will be published in the Federal                           • Hand Delivery or Courier: West                    30115, and of the same model year as
                                                  Register pursuant to the authority                      Building Ground Floor, Room W12–140,                   the model of the motor vehicle to be
                                                  indicated below.                                        1200 New Jersey Avenue SE., between                    compared, and is capable of being
                                                                                                          9 a.m. and 5 p.m. ET, Monday through                   readily altered to conform to all
                                                     Authority: 49 U.S.C. 30141(a)(1)(A),                 Friday, except Federal holidays.                       applicable FMVSS.
                                                  (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
                                                  of authority at 49 CFR 1.95 and 501.8.                     • Fax: 202–493–2251.                                   Petitions for eligibility decisions may
                                                                                                             Instructions: Comments must be                      be submitted by either manufacturers or
                                                  Jeffrey M. Giuseppe,                                    written in the English language, and be                importers who have registered with
                                                  Director, Office of Vehicle Safety Compliance.          no greater than 15 pages in length,                    NHTSA pursuant to 49 CFR part 592. As
                                                  [FR Doc. 2016–01489 Filed 1–25–16; 8:45 am]             although there is no limit to the length               specified in 49 CFR 593.7, NHTSA
                                                  BILLING CODE 4910–59–P                                  of necessary attachments to the                        publishes notice in the Federal Register
                                                                                                          comments. If comments are submitted                    of each petition that it receives, and
                                                                                                          in hard copy form, please ensure that                  affords interested persons an
                                                  DEPARTMENT OF TRANSPORTATION                            two copies are provided. If you wish to                opportunity to comment on the petition.
                                                                                                          receive confirmation that your                         At the close of the comment period,
                                                  National Highway Traffic Safety                         comments were received, please enclose                 NHTSA decides, on the basis of the
                                                  Administration                                          a stamped, self-addressed postcard with                petition and any comments that it has
                                                                                                          the comments. Note that all comments                   received, whether the vehicle is eligible
                                                  [Docket No. NHTSA–2015–0080 Notice 1]                   received will be posted without change                 for importation. The agency then
                                                                                                          to http://www.regulations.gov, including               publishes this decision in the Federal
                                                  Notice of Receipt of Petition for                       any personal information provided.                     Register.
                                                  Decision That Nonconforming 2009                                                                                  Skytop Rover Co., of Philadelphia, PA
                                                                                                          Please see the Privacy Act heading
                                                  Buell 1125R, Ulysses XB, Lightning                                                                             (Registered Importer R–06–343)
                                                                                                          below.
                                                  XB, and Blast Motorcycles Are Eligible                                                                         (Skytop) has petitioned NHTSA to
                                                                                                             Privacy Act: Anyone is able to search               decide whether the subject
                                                  for Importation
                                                                                                          the electronic form of all comments                    nonconforming 2009 Buell motorcycles
                                                  AGENCY:  National Highway Traffic                       received into any of our dockets by the                are eligible for importation into the
                                                  Safety Administration (NHTSA),                          name of the individual submitting the                  United States. The vehicles which
                                                  Department of Transportation (DOT).                     comment (or signing the comment, if                    Skytop believes are substantially similar
                                                  ACTION: Receipt of petition.
                                                                                                          submitted on behalf of an association,                 are 2009 Buell motorcycles that were
                                                                                                          business, labor union, etc.). You may                  manufactured for sale in the United
                                                  SUMMARY:   This document announces                      review DOT’s complete Privacy Act                      States and certified by their
                                                  receipt by the National Highway Traffic                 Statement in the Federal Register                      manufacturer as conforming to all
                                                  Safety Administration (NHTSA) of a                      published on April 11, 2000 (65 FR                     applicable FMVSS.
                                                  petition for a decision that                            19477–78).                                                The petitioner claims that it compared
                                                  nonconforming 2009 Buell 1125R,                            How to Read Comments submitted to                   non-U.S. certified 2009 Buell 1125R,
                                                  Ulysses XB, Lightning XB, and Blast                     the Docket: You may read the comments                  Ulysses XB, Lightning XB, and Blast
                                                  motorcycles that were not originally                    received by Docket Management at the                   motorcycles to their U.S.-certified
                                                  manufactured to comply with all                         address and times given above. You may                 counterparts, and found the vehicles to
                                                  applicable Federal motor vehicle safety                 also view the documents from the                       be substantially similar with respect to
                                                  standards (FMVSS), are eligible for                     Internet at http://www.regulations.gov.                compliance with most FMVSS.
                                                  importation into the United States                      Follow the online instructions for                        Skytop submitted information with its
                                                  because they are substantially similar to               accessing the dockets. The docket ID                   petition intended to demonstrate that
                                                  vehicles that were originally                           number and title of this notice are                    the subject non-U.S. certified 2009 Buell
                                                  manufactured for sale in the United                     shown at the heading of this document                  motorcycles, as originally
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                                                  States and that were certified by their                 notice. Please note that even after the                manufactured, conform to many FMVSS
                                                  manufacturer as complying with the                      comment closing date, we will continue                 in the same manner as their U.S.
                                                  safety standards (the U.S.-certified                    to file relevant information in the                    certified counterparts, or are capable of
                                                  version of the 2009 Buell 1125R,                        Docket as it becomes available. Further,               being readily altered to conform to those
                                                  Ulysses XB, Lightning XB, and Blast                     some people may submit late comments.                  standards.
                                                  motorcycles) and they are capable of                    Accordingly, we recommend that you                        Specifically, the petitioner claims that
                                                  being readily altered to conform to the                 periodically search the Docket for new                 non-U.S. certified 2009 Buell
                                                  standards.                                              material.                                              motorcycles are identical to their U.S.


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                                                  4364                          Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices

                                                  certified counterparts with respect to                  DEPARTMENT OF TRANSPORTATION                           each Federal agency with delegated
                                                  compliance with: Standard Nos. 106                                                                             authority under section101 of the
                                                                                                          [Docket No. DOT–OST–2015–0271]
                                                  Brake Hoses, 111 Rear Visibility, 116                                                                          Defense Production Act of 1950, as
                                                  Motor Vehicle Brake Fluids, 119 New                     Agency Request for Renewal of a                        amended (50 U.S.C. App. 2061 et seq.)
                                                  Pneumatic Tires for Motorcycles, and                    Previously Approved Information                        to issue final rules establishing
                                                  122 Motorcycle Brake Systems.                           Collection; Prioritization and                         standards and procedures by which the
                                                     The petitioner further contends that                 Allocation Authority Exercised by the                  priorities and allocations authority is
                                                  the vehicles are capable of being readily               Secretary of Transportation Under the                  used to promote the national defense.
                                                  altered to meet the following standards,                Defense Production Act                                 The Secretary of Transportation has the
                                                  in the manner indicated below:                                                                                 delegated authority for all forms of civil
                                                                                                          AGENCY: Office of the Secretary of
                                                                                                                                                                 transportation. DOT’s final rule,
                                                     Standard No. 108 Lamps, Reflective                   Transportation, DOT.
                                                                                                                                                                 Transportation Priorities and
                                                  Devices and Associated Equipment:                       ACTION: Notice and request for
                                                                                                                                                                 Allocations System (TPAS), published
                                                  replacement of front and rear turn signal               comments.
                                                                                                                                                                 October 2012, requires this information
                                                  lamps, front, rear and side mounted
                                                                                                          SUMMARY:    The Department of                          collection. Form OST F 1254, Request
                                                  reflex reflectors, headlamps, rear
                                                                                                          Transportation (DOT) invites public                    for Special Priorities Assistance, would
                                                  taillamps, stop lamps, and license plate
                                                                                                          comments about our intention to request                be filled out by private sector
                                                  lamps with U.S. certified components
                                                                                                          the Office of Management and Budget                    applicants, such as transportation
                                                  on vehicles that are not already so
                                                                                                          (OMB) approval to renew an                             companies or organizations. The private
                                                  equipped.
                                                                                                          information collection. The collection                 sector applicant must submit company
                                                     Standard No. 120 Tire selection and                  involves information required in an                    information, the services or items for
                                                  Rims for Motor Vehicles Other Than                      application to request Special Priorities              which the assistance is requested, and
                                                  Passenger Cars: installation of a tire                  Assistance. The information to be                      specific information about those
                                                  information placard.                                    collected is necessary to facilitate the               services or items.
                                                     Standard No. 123 Motorcycle Controls                 supply of civil transportation resources
                                                                                                                                                                    Respondents: Private sector
                                                  and Displays: inspection of each vehicle                to promote the national defense. We are
                                                                                                                                                                 applicants, such as transportation
                                                  and replacement of non-conforming                       required to publish this notice in the
                                                                                                          Federal Register by the Paperwork                      companies or organizations.
                                                  speedometers with U.S.-model
                                                                                                          Reduction Act of 1995, Public Law 104–                    Number of Respondents: We estimate
                                                  components on vehicles not already so
                                                                                                          13.                                                    6 respondents.
                                                  equipped.
                                                                                                          DATES: Written comments should be                         Total Annual Burden: We estimate an
                                                     Standard No. 205 Glazing Materials:                  submitted by March 28, 2016.                           average burden of 30 minutes per
                                                  inspection of each vehicles and removal
                                                                                                          ADDRESSES: You may submit comments                     respondent for an estimated total annual
                                                  of noncompliant glazing or replacement
                                                                                                          [identified by Docket No. DOT–OST–                     burden of 3 hours.
                                                  of the glazing with U.S.-certified                      2015–0271] through one of the
                                                  components on vehicles not already so                                                                             Public Comments Invited: You are
                                                                                                          following methods:                                     asked to comment on any aspect of this
                                                  equipped.                                                  • Federal eRulemaking Portal: http://
                                                                                                                                                                 information collection, including (a)
                                                     The petitioner additionally states that              www.regulations.gov. Follow the online
                                                                                                                                                                 Whether the proposed collection of
                                                  the vehicles meet the requirements of 49                instructions for submitting comments.
                                                                                                             • Fax: 1–202–493–2251                               information is necessary for the
                                                  CFR part 565 VIN Requirements.
                                                                                                             • Mail or Hand Delivery: Docket                     Department’s performance; (b) the
                                                     All comments received before the                                                                            accuracy of the estimated burden; (c)
                                                                                                          Management Facility, U.S. Department
                                                  close of business on the closing date                                                                          ways for the Department to enhance the
                                                                                                          of Transportation, 1200 New Jersey
                                                  indicated above will be considered, and                 Avenue SE., West Building, Room W12–                   quality, utility and clarity of the
                                                  will be available for examination in the                140, Washington, DC 20590, between 9                   information collection; and (d) ways
                                                  docket at the above addresses both                      a.m. and 5 p.m., Monday through                        that the burden could be minimized
                                                  before and after that date. To the extent               Friday, except on Federal holidays.                    without reducing the quality of the
                                                  possible, comments filed after the                                                                             collected information. The agency will
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  closing date will also be considered.                   Deborah Hinz, 202–366–6945, Office of                  summarize and/or include your
                                                  Notice of final action on the petition                  Intelligence, Security and Emergency                   comments in the request for OMB’s
                                                  will be published in the Federal                        Response, Office of the Secretary of                   clearance of this information collection.
                                                  Register pursuant to the authority                      Transportation, U.S. Department of                       Authority: The Paperwork Reduction Act
                                                  indicated below.                                        Transportation, 1200 New Jersey                        of 1995; 44 U.S.C. chapter 35, as amended;
                                                     Authority: 49 U.S.C. 30141(a) (1(A),                 Avenue SE., Washington, DC 20590.                      and 49 CFR 1:48.
                                                  (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation         SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   Issued in Washington, DC, on January 13,
                                                  of authority at 49 CFR 1.95 and 501.8.                     OMB Control Number: 2105–0567.                      2016.
                                                                                                             Title: Prioritization and Allocation
                                                  Jeffrey M. Giuseppe,                                                                                           Habib Azarsina,
                                                                                                          Authority Exercised by the Secretary of
                                                  Director, Office of Vehicle Safety Compliance.          Transportation Under the Defense                       OST Privacy and PRA Officer.
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                                                  [FR Doc. 2016–01490 Filed 1–25–16; 8:45 am]             Production Act.                                        [FR Doc. 2016–01428 Filed 1–25–16; 8:45 am]
                                                  BILLING CODE 4910–59–P                                     Form Numbers: OST F 1254.                           BILLING CODE 4910–9X–P
                                                                                                             Type of Review: Renewal of a
                                                                                                          previously approved information
                                                                                                          collection.
                                                                                                             Background: The Defense Production
                                                                                                          Act Reauthorization of 2009 (Pub. L.
                                                                                                          111–67, September 30, 2009) requires


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Document Created: 2018-02-02 12:38:22
Document Modified: 2018-02-02 12:38:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionReceipt of petition.
DatesThe closing date for comments on the petition is February 25, 2016.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308).
FR Citation81 FR 4363 

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