[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Notices]
[Pages 62521-62522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25410]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13382]


Notice of Receipt of Petition for Decision That Nonconforming 
1999 and 2000 Bimota SB8 and 2000 Bimota DB4 Motorcycles Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1999 and 2000 Bimota SB8 and 2000 Bimota DB4 motorcycles are eligible 
for importation.

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SUMMARY: This document announces receipt by the National Highway 
Traffic Safety Administration (NHTSA) of a petition for a decision that 
1999 and 2000 Bimota SB8 and 2000 Bimota DB4 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.

DATE: The closing date for comments on the petition is November 6, 
2002.

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 a.m. 
to 5 p.m.]

FOR FURTHER INFORMATION CONTACT: Luke Loy, 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 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.
    DC Imports, Inc. of Deerfield Beach, Florida (``DCI'') (Registered 
Importer 0-242) has petitioned NHTSA to decide whether non-U.S. 
certified 1999 and 2000 Bimota SB8 and 2000 Bimota DB4 motorcycles are 
eligible for importation into the United States. The vehicles that DCI 
believes are substantially similar are 1999 and 2000 Bimota SB8 and 
2000 Bimota DB4 motorcycles that were manufactured for importation into 
and sale in the United States and certified by their manufacturer, 
Bimota Motor S.p.A. of Rimini, Italy, as conforming to all applicable 
Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared non-U.S. certified 
1999 and 2000 Bimota SB8 and 2000 Bimota DB4 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.
    DCI submitted information with its petition intended to demonstrate 
that non-U.S. certified 1999 and 2000 Bimota SB8 and 2000 Bimota DB4 
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 1999 
and 2000 Bimota SB8 and 2000 Bimota DB4 motorcycles are identical to 
their U.S. certified counterparts with respect to compliance with 
Standard Nos. 111 Rearview Mirrors, 116 Brake Fluid, 119 New Pneumatic 
Tires for Vehicles other than Passenger Cars, 122 Motorcycle Brake 
Systems, and 205 Glazing Materials.
    The petitioner also states that vehicle identification number (VIN) 
plates that meet the requirements of 49 CFR part 565 have been affixed 
to non-U.S. certified 1999 and 2000 Bimota SB8 and 2000 Bimota DB4 
motorcycles.
    Petitioner additionally contends that the vehicles are capable of 
being readily altered to meet the following standards, in the manner 
indicated below:
    Standard No. 106 Brake Hoses: Installation of a flexible conduit/
brake hose that is certified to meet the standard.
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) Installation of U.S.-model headlamp assemblies 
incorporating headlamps that are certified to meet the standard; (b) 
installation of a cable that will allow the headlamp to be steady-
burning when the ignition is in the ``on'' position.
    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: (a) Installation 
of a U.S. model speedometer calibrated in miles per hour; (b) 
installation of passenger footrests that fold rearward and upward when 
not in use.
    The petitioner states that when the vehicle has been brought into 
conformity with all applicable Federal motor vehicle safety standards, 
a certification label that meets the requirements of 49 CFR part 567 
will be affixed to the front of the motorcycle frame.
    Comments should refer to the docket number and be submitted to: 
Docket Management, Room PL-401, 400 Seventh Street, SW., 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.

[[Page 62522]]


    Issued on: October 1, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-25410 Filed 10-4-02; 8:45 am]
BILLING CODE 4910-59-P