81_FR_4378 81 FR 4362 - Notice of Receipt of Petition for Decision That Nonconforming 2010 Harley-Davidson FX, XL and VR Motorcycles Are Eligible for Importation

81 FR 4362 - Notice of Receipt of Petition for Decision That Nonconforming 2010 Harley-Davidson FX, XL and VR Motorcycles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

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

Page Range4362-4363
FR Document2016-01489

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2010 Harley-Davidson FX, XL and VR 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 2010 Harley-Davidson FX, XL and VR 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 4362-4363]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01489]



[[Page 4362]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0079 Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
2010 Harley-Davidson FX, XL and VR 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 2010 Harley-Davidson FX, XL and VR 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 2010 Harley-Davidson FX, 
XL and VR 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 nonconforming 2010 
Harley-Davidson FX, XL and VR motorcycles are eligible for importation 
into the United States. The vehicles which Skytop believes are 
substantially similar are 2010 Harley-Davidson FX XL and VR 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 2010 
Harley-Davidson FX, XL and VR 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 non-U.S. certified 2010 Harley-Davidson FX, XL and VR 
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 2010 
Harley-Davidson FX, XL and VR motorcycles are identical to their U.S. 
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 
system.
    The petitioner further contends that the vehicles are capable of 
being readily altered to meet the following standards, in the manner 
indicated:
    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.
    120 Tire selection and Rims for Motor Vehicles Other Than Passenger 
Cars: Installation of a tire information placard.
    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.
    205 Glazing Materials Inspection of each vehicle and removal of

[[Page 4363]]

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. 2016-01489 Filed 1-25-16; 8:45 am]
BILLING CODE 4910-59-P



                                                  4362                          Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices

                                                  DEPARTMENT OF TRANSPORTATION                            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
                                                  National Highway Traffic Safety                         received will be posted without change                 for importation. The agency then
                                                  Administration                                          to http://www.regulations.gov, including               publishes this decision in the Federal
                                                                                                          any personal information provided.                     Register.
                                                  [Docket No. NHTSA–2015–0079 Notice 1]
                                                                                                          Please see the Privacy Act heading                       Skytop Rover Co., of Philadelphia, PA
                                                  Notice of Receipt of Petition for                       below.                                                 (Registered Importer R–06–343)
                                                  Decision That Nonconforming 2010                           Privacy Act: Anyone is able to search               (Skytop) has petitioned NHTSA to
                                                  Harley-Davidson FX, XL and VR                           the electronic form of all comments                    decide whether nonconforming 2010
                                                  Motorcycles Are Eligible for                            received into any of our dockets by the                Harley-Davidson FX, XL and VR
                                                  Importation                                             name of the individual submitting the                  motorcycles are eligible for importation
                                                                                                          comment (or signing the comment, if                    into the United States. The vehicles
                                                  AGENCY:  National Highway Traffic                       submitted on behalf of an association,                 which Skytop believes are substantially
                                                  Safety Administration (NHTSA),                          business, labor union, etc.). You may                  similar are 2010 Harley-Davidson FX XL
                                                  Department of Transportation (DOT).                     review DOT’s complete Privacy Act                      and VR motorcycles that were
                                                  ACTION: Receipt of petition.                            Statement in the Federal Register                      manufactured for sale in the United
                                                                                                          published on April 11, 2000 (65 FR                     States and certified by their
                                                  SUMMARY:    This document announces                     19477–78).                                             manufacturer as conforming to all
                                                  receipt by the National Highway Traffic                    How to read comments submitted to                   applicable FMVSS.
                                                  Safety Administration (NHTSA) of a                      the docket: You may read the comments                    The petitioner claims that it compared
                                                  petition for a decision that                            received by Docket Management at the                   non-U.S. certified 2010 Harley-Davidson
                                                  nonconforming 2010 Harley-Davidson                      address and times given above. You may                 FX, XL and VR motorcycles to their
                                                  FX, XL and VR motorcycles that were                     also view the documents from the                       U.S.-certified counterparts, and found
                                                  not originally manufactured to comply                   Internet at http://www.regulations.gov.                the vehicles to be substantially similar
                                                  with all applicable Federal motor                       Follow the online instructions for                     with respect to compliance with most
                                                  vehicle safety standards (FMVSS), are                   accessing the dockets. The docket ID                   FMVSS.
                                                  eligible for importation into the United                number and title of this notice are                      Skytop submitted information with its
                                                  States because they are substantially                   shown at the heading of this document                  petition intended to demonstrate that
                                                  similar to vehicles that were originally                notice. Please note that even after the                non-U.S. certified 2010 Harley-Davidson
                                                  manufactured for sale in the United                     comment closing date, we will continue                 FX, XL and VR motorcycles as originally
                                                  States and that were certified by their                 to file relevant information in the                    manufactured, conform to many FMVSS
                                                  manufacturer as complying with the                      Docket as it becomes available. Further,               in the same manner as their U.S.
                                                  safety standards (the U.S.-certified                    some people may submit late comments.                  certified counterparts, or are capable of
                                                  version of the 2010 Harley-Davidson FX,                 Accordingly, we recommend that you                     being readily altered to conform to those
                                                  XL and VR motorcycles) and they are                     periodically search the Docket for new                 standards.
                                                  capable of being readily altered to                     material.                                                Specifically, the petitioner claims that
                                                  conform to the standards.                                                                                      non-U.S. certified 2010 Harley-Davidson
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  DATES: The closing date for comments
                                                                                                                                                                 FX, XL and VR motorcycles are
                                                                                                          George Stevens, Office of Vehicle Safety
                                                  on the petition is February 25, 2016.                                                                          identical to their U.S. certified
                                                                                                          Compliance, NHTSA (202–366–5308).
                                                                                                                                                                 counterparts with respect to compliance
                                                  ADDRESSES: Comments should refer to                     SUPPLEMENTARY INFORMATION:                             with: Standard Nos. 106 Brake Hoses,
                                                  the docket and notice numbers above                                                                            111 Rear Visibility, 116 Motor Vehicle
                                                  and be submitted by any of the                          Background
                                                                                                                                                                 Brake Fluids, 119 New pneumatic tires
                                                  following methods:                                         Under 49 U.S.C. 30141(a)(1)(A), a                   for motorcycles, and 122 Motorcycle
                                                     • Federal eRulemaking Portal: Go to                  motor vehicle that was not originally                  brake system.
                                                  http://www.regulations.gov. Follow the                  manufactured to conform to all                            The petitioner further contends that
                                                  online instructions for submitting                      applicable FMVSS shall be refused                      the vehicles are capable of being readily
                                                  comments.                                               admission into the United States unless                altered to meet the following standards,
                                                     • Mail: Docket Management Facility:                  NHTSA has decided that the motor                       in the manner indicated:
                                                  U.S. Department of Transportation, 1200                 vehicle is substantially similar to a                     108 Lamps, Reflective Devices and
                                                  New Jersey Avenue SE., West Building                    motor vehicle originally manufactured                  Associated Equipment: Replacement of
                                                  Ground Floor, Room W12–140,                             for importation into and sale in the                   front and rear turn signal lamps, front,
                                                  Washington, DC 20590–0001.                              United States, certified under 49 U.S.C.               rear and side mounted reflex reflectors,
                                                     • Hand Delivery or Courier: West                     30115, and of the same model year as                   headlamps, rear taillamps, stop lamps
                                                  Building Ground Floor, Room W12–140,                    the model of the motor vehicle to be                   and license plate lamps with U.S.
                                                  1200 New Jersey Avenue SE., between                     compared, and is capable of being                      certified components on vehicles that
                                                  9 a.m. and 5 p.m. ET, Monday through                    readily altered to conform to all                      are not already so equipped.
                                                  Friday, except Federal holidays.                        applicable FMVSS.                                         120 Tire selection and Rims for
                                                     • Fax: 202–493–2251.                                    Petitions for eligibility decisions may             Motor Vehicles Other Than Passenger
                                                     Instructions: Comments must be                       be submitted by either manufacturers or                Cars: Installation of a tire information
                                                  written in the English language, and be                 importers who have registered with                     placard.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  no greater than 15 pages in length,                     NHTSA pursuant to 49 CFR part 592. As                     123 Motorcycle Controls and
                                                  although there is no limit to the length                specified in 49 CFR 593.7, NHTSA                       Displays: Inspection of each vehicle and
                                                  of necessary attachments to the                         publishes notice in the Federal Register               replacement of non-conforming
                                                  comments. If comments are submitted                     of each petition that it receives, and                 speedometers with U.S.-model
                                                  in hard copy form, please ensure that                   affords interested persons an                          components on vehicles not already so
                                                  two copies are provided. If you wish to                 opportunity to comment on the petition.                equipped.
                                                  receive confirmation that your                          At the close of the comment period,                       205 Glazing Materials Inspection of
                                                  comments were received, please enclose                  NHTSA decides, on the basis of the                     each vehicle and removal of


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                                                                                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
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  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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Document Created: 2018-02-02 12:38:26
Document Modified: 2018-02-02 12:38:26
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 4362 

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