02-25410. 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.

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.

Issued on: October 1, 2002.

Marilynne Jacobs,

Director, Office of Vehicle Safety Compliance.