Receipt of Petition for Decision That Nonconforming 2000-2003 Kawasaki ZR750 Motorcycles Are Eligible for Importation, 82039-82040 [2011-33453]

Download as PDF Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices Issued in Washington, DC, on December 23, 2011. Jeff Michael, Associate Administrator, Research and Program Development. [FR Doc. 2011–33473 Filed 12–28–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2011–0182; Notice 1] Receipt of Petition for Decision That Nonconforming 2000–2003 Kawasaki ZR750 Motorcycles Are Eligible for Importation National Highway Traffic Safety Administration, DOT. ACTION: Receipt of petition. AGENCY: This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2000–2003 Kawasaki ZR750 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 (1) 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, and (2) they are capable of being readily altered to conform to the standards. DATES: The closing date for comments on the petition is January 30, 2012. 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 wreier-aviles on DSK3TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:12 Dec 28, 2011 Jkt 226001 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 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 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 82039 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. US SPECS, LLC (‘‘US SPECS’’), of Havre de Grace, Maryland (Registered Importer 03–321) has petitioned NHTSA to decide whether non-U.S. certified 2000–2003 Kawasaki ZR750 motorcycles are eligible for importation into the United States. The vehicles that US SPECS believes are substantially similar are 2000–2003 Kawasaki ZR750 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 carefully compared non-U.S. certified 2000–2003 Kawasaki ZR750 motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS. US SPECS submitted information with its petition intended to demonstrate that non-U.S. certified 2000–2003 Kawasaki ZR750 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 2000–2003 Kawasaki ZR750 motorcycles are identical to their U.S. certified counterparts with respect to compliance with Standard Nos. 106 Brake Hoses, 116 Brake Fluid, 119 New Pneumatic Tires for Vehicles other than Passenger Cars, 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: Installation of the following U.S.certified components on vehicles not already so equipped: (a) Headlamp; (b) front and rear side-mounted reflex reflectors; (c) rear-mounted reflex reflector; and (d) rear turn signal lamps. Standard No. 111 Rearview Mirrors: Inspection of all vehicles, and installation of U.S.-model mirrors on vehicles that are not already so equipped. Standard No. 120 Tire Selection and Rims for Vehicles other than Passenger Cars: Installation of a tire information placard. E:\FR\FM\29DEN1.SGM 29DEN1 82040 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices Standard No. 123 Motorcycle Controls and Displays: Installation of a U.S.model speedometer/odometer unit. Standard No. 205 Glazing Materials: Inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped. 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: December 21, 2011. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. 2011–33453 Filed 12–28–11; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. NOR 42131] wreier-aviles on DSK3TPTVN1PROD with NOTICES Canexus Chemicals Canada L.P. v. BNSF Railway Company The Surface Transportation Board will hold oral argument on Tuesday, January 17, 2012, at 9:30 a.m., in the hearing room at the Board’s headquarters located at 395 E Street SW., Washington, DC. The argument will address Canexus Chemicals Canada L.P. v. BNSF Railway Company, Docket No. NOR 42131. The oral argument will be open for public observation, but only counsel for the parties will be permitted to present argument. Canexus Chemicals Canada L.P. (Canexus) has filed a complaint asking the Board to issue an order compelling BNSF Railway Company (BNSF) to establish common carrier rates and service terms between North Vancouver, B.C., and Kansas City, Mo., and between Marshall, Wash., and Kansas City, Mo. Currently, BNSF is hauling Canexus shipments of chlorine from North Vancouver and Marshall to Kansas City in joint line service under temporary rates. According to the complaint, BNSF interchanges with Union Pacific Railroad Company (UP) in Kansas City and the shipments are hauled by UP to VerDate Mar<15>2010 15:12 Dec 28, 2011 Jkt 226001 their final destinations in Illinois, Texas, and Arkansas.1 This dispute arises from BNSF’s position that, in the future, it will carry the chlorine only as far as Spokane, Wash. (for movements originating from Marshall), and Portland, Or. (for movements originating from North Vancouver), where it will interchange with UP. Canexus and UP object to BNSF’s proposed interchange points. To preserve rail service, as BNSF temporary rates were set to expire, the Board issued an emergency service order directing BNSF to provide service while the Board adjudicates the merits of this case. Canexus Chemicals Canada L.P. v. BNSF Ry., FD 35524 et al. (STB served Oct. 14, 2011). In that same decision, the Board issued a procedural schedule for opening statements, replies, and rebuttals. Subsequently, BNSF offered to provide service voluntarily and the Board found that, with such service in place, the emergency service order could be terminated. On November 3, 2011, UP, Canadian Pacific Railway Company (CP),2 and Canexus filed opening statements. BNSF filed a reply on November 23, 2011. Canexus and UP filed rebuttals on December 5, 2011. By January 12, 2012, each party shall submit to the Board the name of the counsel who will be presenting argument and the name of the party counsel will be representing. CP is invited to participate in the argument, but is not required to do so. Canexus and UP shall have 30 minutes to present their argument and BNSF shall have 30 minutes to present its argument. Canexus and UP, in their filings, shall advise the Board how they choose to divide their time and shall address the requested time reserved for rebuttal, if any. Counsel for the parties shall check in with Board staff in the hearing room prior to the argument. A video broadcast of the oral argument will be available via the Board’s Web site at http:// www.stb.dot.gov, under ‘‘Information Center’’/‘‘Webcast’’/‘‘Live Video’’ on the home page. 1 On November 3, 2011, in its opening statement, Canexus noted that since the filing of its May 25, 2011 complaint, its contract with UP has been amended to add 2 additional end users located in Louisiana and Missouri. 2 CP was identified by BNSF as a possible participant in an alternative routing for Canexus’ traffic. PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 Instructions for Attendance at Argument The STB requests that all persons attending the argument use the Patriots Plaza Building’s main entrance at 395 E Street SW. (closest to the northeast corner of the intersection of 4th and E Streets). There will be no reserved seating, except for those scheduled to present oral arguments. The building will be open to the public at 7 a.m., and participants are encouraged to arrive early. There is no public parking in the building. Upon arrival, check in at the 1st floor security desk in the main lobby. Be prepared to produce valid photographic identification (driver’s license or local, state, or Federal government identification); sign-in at the security desk; receive a hearing room pass (to be displayed at all times); submit to an inspection of all briefcases, handbags, etc.; then pass through a metal detector. Persons choosing to exit the building during the course of the argument must surrender their hearing room passes to security personnel and will be subject to the above security procedures if they choose to re-enter the building. Hearing room passes likewise will be collected from those exiting the argument upon its conclusion. Laptops and recorders may be used in the hearing room, but no provision will be made for connecting personal computers to the Internet. Cellular telephone use is not permitted in the hearing room; cell phones may be used quietly in the corridor surrounding the hearing room or in the building’s main lobby. The Board’s hearing room complies with the Americans with Disabilities Act, and persons needing such accommodations should call (202) 245– 0245 by the close of business on January 16, 2012. For further information regarding the oral argument, contact Amy Ziehm, (202) 245–0391. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877–8339. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. Oral argument in this proceeding will be held on January 17, 2012, at 9:30 a.m. in the Surface Transportation Board Hearing Room, at 395 E Street SW., Washington, DC, as described above. 2. By January 12, 2012, the participants shall submit to the Board the names of the counsel who will be E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 82039-82040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33453]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2011-0182; Notice 1]


Receipt of Petition for Decision That Nonconforming 2000-2003 
Kawasaki ZR750 Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, 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 2000-2003 Kawasaki ZR750 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 (1) 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, and (2) they are capable of being readily altered to conform 
to the standards.

DATES: The closing date for comments on the petition is January 30, 
2012.

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 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.
    US SPECS, LLC (``US SPECS''), of Havre de Grace, Maryland 
(Registered Importer 03-321) has petitioned NHTSA to decide whether 
non-U.S. certified 2000-2003 Kawasaki ZR750 motorcycles are eligible 
for importation into the United States. The vehicles that US SPECS 
believes are substantially similar are 2000-2003 Kawasaki ZR750 
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 carefully compared non-U.S. certified 
2000-2003 Kawasaki ZR750 motorcycles to their U.S. certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    US SPECS submitted information with its petition intended to 
demonstrate that non-U.S. certified 2000-2003 Kawasaki ZR750 
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 2000-
2003 Kawasaki ZR750 motorcycles are identical to their U.S. certified 
counterparts with respect to compliance with Standard Nos. 106 Brake 
Hoses, 116 Brake Fluid, 119 New Pneumatic Tires for Vehicles other than 
Passenger Cars, 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: Installation of the following U.S.-certified components on 
vehicles not already so equipped: (a) Headlamp; (b) front and rear 
side-mounted reflex reflectors; (c) rear-mounted reflex reflector; and 
(d) rear turn signal lamps.
    Standard No. 111 Rearview Mirrors: Inspection of all vehicles, and 
installation of U.S.-model mirrors on vehicles that are not already so 
equipped.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: Installation of a tire information placard.

[[Page 82040]]

    Standard No. 123 Motorcycle Controls and Displays: Installation of 
a U.S.-model speedometer/odometer unit.
    Standard No. 205 Glazing Materials: Inspection of all vehicles, and 
removal of noncompliant glazing or replacement of the glazing with 
U.S.-certified components on vehicles that are not already so equipped.
    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: December 21, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-33453 Filed 12-28-11; 8:45 am]
BILLING CODE 4910-59-P