Notice of Receipt of Petition for Decision That Nonconforming 2002 Kawasaki Ninja ZX-6R Motorcycles Are Eligible for Importation

Topics:  Kawasaki Ninja

Claude H. Harris
National Highway Traffic Safety Administration
Federal Register
March 15, 2011

[Federal Register: March 15, 2011 (Volume 76, Number 50)]
[Notices]               
[Page 14116-14117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr11-164]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0034]

 
Notice of Receipt of Petition for Decision That Nonconforming 
2002 Kawasaki Ninja ZX-6R Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2002 Kawasaki Ninja ZX-6R 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 
2002 Kawasaki Ninja ZX-6R 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 have safety features that comply with, or are capable of 
being altered to comply with, all such standards.

DATES: The closing date for comments on the petition is 30 days after 
publication in the Federal Register.

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) or you may visit http://
DocketInfo.dot.gov.
    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: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not 
originally manufactured to conform to all applicable FMVSS, and has no 
substantially similar U.S.-certified counterpart, shall be refused 
admission into the United States unless NHTSA has decided that the 
motor vehicle has safety features that comply with, or are capable of 
being altered to comply with, all applicable FMVSS based on destructive 
test data or such other evidence as NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either 
manufacturers or

[[Page 14117]]

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. (Skytop) of Philadelphia, Pennsylvania 
(Registered Importer 06-343) has petitioned NHTSA to decide whether 
nonconforming 2002 Kawasaki Ninja ZX-6R motorcycles are eligible for 
importation into the United States. Skytop contends that these vehicles 
are eligible for importation under 49 U.S.C. 30141(a)(1)(B) because 
they have safety features that comply with, or are capable of being 
altered to comply with, all applicable FMVSS.
    In its petition, Skytop described the nonconforming 2002 Kawasaki 
Ninja ZX-6R as the same model as the U.S.-certified 2003 Kawasaki Ninja 
ZX-6R. Because the Ninja ZX-6R model was introduced in countries other 
than the U.S. as a new model before the introduction of the U.S-
certified version in 2003, the petitioner acknowledged that it could 
not base its petition on the substantial similarity of the 2002 
Kawasaki Ninja ZX-6R to the U.S.-certified 2003 Kawasaki Ninja ZX-6R 
motorcycles due to the model year discrepancy and the petitioning 
requirements of 49 U.S.C. 30141(a)(1)(A), as set forth in 49 CFR part 
593. Instead, the petitioner chose to establish import eligibility on 
the basis that the vehicles have safety features that comply with, or 
are capable of being modified to comply with, the FMVSS based on 
destructive test data or such other evidence that NHTSA decides to be 
adequate as set forth in 49 U.S.C part 30141(a)(1)(B). The petitioner 
contends that the 2002 Kawasaki Ninja ZX-6R utilizes the same 
components as the U.S.-certified 2003 Kawasaki Ninja ZX-6R motorcycles 
in virtually all of the systems subject to the applicable FMVSS.
    Specifically, the petitioner claims that 2002 Kawasaki Ninja ZX-6R 
motorcycles have safety features that comply with Standard Nos. 106 
Brake Hoses, 116 Motor Vehicle Brake Fluid, 119 New Pneumatic Tires for 
Vehicles Other than Passenger Cars, 122 Motorcycle Brake Systems, and 
205 Glazing Materials.
    The petitioner further contends that the vehicles are capable of 
being altered to comply with the following standards, in the manner 
indicated:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: inspection of all vehicles and replacement of the following 
with U.S.-certified components on vehicles not already so equipped: (a) 
Headlamps; (b) front and rear side-mounted reflex reflectors; (c) rear-
mounted reflex reflector; (d) tail lamp assembly (including stoplamp, 
taillamp, and license plate lamp); and (e) front and rear turn signal 
lamps.
    Standard No. 111 Rearview Mirrors: inspection of all vehicles and 
installation of U.S.-model rearview mirrors on vehicles not already so 
equipped.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: installation of a tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: (a) installation 
of a U.S.-model speedometer, or modification of the speedometer so that 
it reads in miles per hour; and (b) installation of an ignition switch 
label.
    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) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: March 9, 2011.
Claude H. Harris,
Acting Associate Administrator for Enforcement.
[FR Doc. 2011-5977 Filed 3-14-11; 8:45 am]
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