83_FR_12515 83 FR 12460 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2013 and 2014 Victory Hammer 8-Ball Motorcycles Are Eligible for Importation

83 FR 12460 - Notice of Receipt of Petition for Decision That Nonconforming Model Year 2013 and 2014 Victory Hammer 8-Ball Motorcycles Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 83, Issue 55 (March 21, 2018)

Page Range12460-12461
FR Document2018-05720

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that model year (MY) 2013 and 2014 Victory Hammer 8-Ball 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 MY 2013 and 2014 Victory Hammer 8-Ball motorcycles) and they are capable of being readily altered to conform to the standards.

Federal Register, Volume 83 Issue 55 (Wednesday, March 21, 2018) 
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12460-12461]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05720]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2018-0012; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
Model Year 2013 and 2014 Victory Hammer 8-Ball 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 
model year (MY) 2013 and 2014 Victory Hammer 8-Ball 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 MY 2013 and 
2014 Victory Hammer 8-Ball motorcycles) and they are capable of being 
readily altered to conform to the standards.

DATES: The closing date for comments on the petition is April 20, 2018.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver comments by hand to U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. The 
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except 
Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    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 comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice. DOT's complete Privacy Act Statement is 
available for review in a Federal Register notice published on April 
11, 2000, (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle 
Safety Compliance, NHTSA, telephone (202) 366-5308.

SUPPLEMENTARY INFORMATION: 
    I. History: Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that 
was

[[Page 12461]]

not originally manufactured to conform to all applicable FMVSS (49 CFR 
571) 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 Processing of Petitions, 
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.
    II. Summary of Petition: J.K. Technologies, LLC (JK), of Baltimore, 
Maryland (Registered Importer R-90-006) has petitioned NHTSA to decide 
whether nonconforming MY 2013 and 2014 Victory Hammer 8-Ball 
motorcycles are eligible for importation into the United States. The 
vehicles that JK believes are substantially similar are MY 2013 and 
2014 Victory Hammer 8-Ball motorcycles manufactured for sale in the 
United States, and certified by their manufacturer as conforming to all 
applicable FMVSS.
    The petitioner submitted information that it claimed it received 
from the manufacturer of the vehicles, Victory Motorcycles (Polaris 
Industries, Inc.) to demonstrate that non-U.S.-certified MY 2013 and 
2014 Victory Hammer 8-Ball motorcycles, as originally manufactured, 
conform to many applicable 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 the non-U.S.-certified MY 
2013 and 2014 Victory Hammer 8-Ball motorcycles, as originally 
manufactured, conform to the following standards: FMVSS Nos. 106 Brake 
Hoses, 116 Motor Vehicle Brake Fluids, 119 New Pneumatic Tires for 
Motor Vehicles with a GVWR of More than 4,536 Kilograms (10,000 Pounds) 
and Motorcycles, 122 Motorcycle Brake Systems, and 205 Glazing 
Materials.
    The petitioner also contends that the subject non-U.S. certified 
vehicles are capable of being readily altered to meet the following 
standards in the manners indicated:
    Standard No. 108 Lamps, Reflective Devices, and Associated 
Equipment: The headlamp must be replaced with the U.S.-model component. 
In addition, U.S.-model front and rear side mounted reflex reflectors, 
and a rear center mounted reflex reflector must be installed.
    Standard No. 111 Rearview Mirrors: The mirror must be replaced with 
the U.S.-model part or etched to show any required labeling.
    Standard No. 120 Tire Selection and Rims and Motor Home/Recreation 
Vehicle Trailer Load Carrying Capacity Information for Motor Vehicles 
with a GVWR of More than 4,536 Kilograms (10,000 Pounds): The 
petitioner states that their Registered Importer Certification Label, 
which must be affixed to the vehicle to satisfy the requirements of 49 
CFR part 567, Certification, will include the necessary tire, rim, tire 
pressure and weight rating information.
    Standard No. 123 Motorcycle Controls and Displays: The instrument 
cluster must be replaced with the U.S.-model part.
    III. Comments: 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.

Claudia Covell,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2018-05720 Filed 3-20-18; 8:45 am]
 BILLING CODE 4910-59-P

12460 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices and proper maintenance and periodic or introduction or delivery for • Hand Delivery: Deliver comments inspection for damage, are and have introduction into interstate commerce of by hand to U.S. Department of been included in all Volkswagen the noncompliant vehicles under their Transportation, Docket Operations, owners’ manuals. control after Volkswagen notified them M–30, West Building Ground Floor, 4. Volkswagen has developed that the subject noncompliance existed. Room W12–140, 1200 New Jersey installation and use instructions for Authority: (49 U.S.C. 30118, 30120: Avenue SE, Washington, DC 20590. The replacement seat belt assemblies. This Delegations of authority at 49 CFR 1.95 and Docket Section is open on weekdays material is being placed into the 501.8) from 10 a.m. to 5 p.m. except Federal packages of seat belts currently in Holidays. Volkswagen’s Parts Distribution Centers Claudia Covell, • Electronically: Submit comments and will be included with all seat belt Acting Director, Office of Vehicle Safety electronically by logging onto the assemblies shipped to Volkswagen for Compliance. Federal Docket Management System resale to dealers in the future. [FR Doc. 2018–05689 Filed 3–20–18; 8:45 am] (FDMS) website at https:// 5. Volkswagen is not aware of owner BILLING CODE 4910–59–P www.regulations.gov/. Follow the online complaints or field incident reports instructions for submitting comments. relating to the lack of installation and • Comments may also be faxed to use instructions with replacement seat DEPARTMENT OF TRANSPORTATION (202) 493–2251. belt assemblies. Comments must be written in the Volkswagen stated that NHTSA has National Highway Traffic Safety English language, and be no greater than previously granted similar petitions for Administration 15 pages in length, although there is no noncompliance with seat belt assembly limit to the length of necessary installation and usage instruction [Docket No. NHTSA–2018–0012; Notice 1] attachments to the comments. If standards. See Mitsubishi Motors North comments are submitted in hard copy America, Inc. (77 FR 24762, April 25, Notice of Receipt of Petition for Decision That Nonconforming Model form, please ensure that two copies are 2012); Bentley Motors, Inc. (75 FR provided. If you wish to receive 35877, September 20, 2011); Hyundai Year 2013 and 2014 Victory Hammer 8-Ball Motorcycles Are Eligible for confirmation that comments you have Motor Company (73 FR 49238, March 2, submitted by mail were received, please 2009); Ford Motor Company (73 FR Importation enclose a stamped, self-addressed 11462, March 3, 2008); Mazda North AGENCY: National Highway Traffic postcard with the comments. Note that America Operations (73 FR 11464, Safety Administration (NHTSA), all comments received will be posted March 3, 2008); Ford Motor Company Department of Transportation (DOT). without change to https:// (73 FR 63051, October 22, 2008); and www.regulations.gov, including any ACTION: Receipt of petition. TRW, Inc. (58 FR 7171, February 4, personal information provided. 1993). SUMMARY: This document announces All comments and supporting Volkswagen also stated that they have receipt by the National Highway Traffic materials received before the close of made process changes to ensure that Safety Administration (NHTSA) of a business on the closing date indicated hard copies of the instructions will be petition for a decision that model year above will be filed in the docket and included with all Volkswagen service (MY) 2013 and 2014 Victory Hammer will be considered. All comments and seat belt assemblies shipped to its 8-Ball motorcycles that were not supporting materials received after the dealers. originally manufactured to comply with Volkswagen concluded by expressing closing date will also be filed and will all applicable Federal motor vehicle be considered to the fullest extent the belief that the subject safety standards (FMVSS) are eligible possible. noncompliance is inconsequential as it for importation into the United States When the petition is granted or relates to motor vehicle safety, and that because they are substantially similar to denied, notice of the decision will also its petition to be exempted from vehicles that were originally be published in the Federal Register providing notification of the manufactured for sale in the United pursuant to the authority indicated at noncompliance, as required by 49 States and that were certified by their the end of this notice. U.S.C. 30118, and a remedy for the manufacturer as complying with the All comments, background noncompliance, as required by 49 safety standards (the U.S.-certified documentation, and supporting U.S.C. 30120, should be granted. NHTSA notes that the statutory version of the MY 2013 and 2014 materials submitted to the docket may provisions (49 U.S.C. 30118(d) and Victory Hammer 8-Ball motorcycles) be viewed by anyone at the address and 30120(h)) that permit manufacturers to and they are capable of being readily times given above. The documents may file petitions for a determination of altered to conform to the standards. also be viewed on the internet at https:// inconsequentiality allow NHTSA to DATES: The closing date for comments www.regulations.gov by following the exempt manufacturers only from the on the petition is April 20, 2018. online instructions for accessing the duties found in sections 30118 and ADDRESSES: Interested persons are dockets. The docket ID number for this 30120, respectively, to notify owners, invited to submit written data, views, petition is shown in the heading of this purchasers, and dealers of a defect or and arguments on this petition. notice. DOT’s complete Privacy Act noncompliance and to remedy the Comments must refer to the docket and Statement is available for review in a defect or noncompliance. Therefore, any notice number cited in the title of this Federal Register notice published on decision on this petition only applies to notice and submitted by any of the April 11, 2000, (65 FR 19477–78). sradovich on DSK3GMQ082PROD with NOTICES the subject vehicles that Volkswagen no following methods: FOR FURTHER INFORMATION CONTACT: longer controlled at the time it • Mail: Send comments by mail George Stevens, Office of Vehicle Safety determined that the noncompliance addressed to U.S. Department of Compliance, NHTSA, telephone (202) existed. However, any decision on this Transportation, Docket Operations, 366–5308. petition does not relieve vehicle M–30, West Building Ground Floor, SUPPLEMENTARY INFORMATION: distributors and dealers of the Room W12–140, 1200 New Jersey I. History: Under 49 U.S.C. prohibitions on the sale, offer for sale, Avenue SE, Washington, DC 20590. 30141(a)(1)(A), a motor vehicle that was VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1

Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices 12461 not originally manufactured to conform capable of being readily altered to meet Office of Management and Budget to all applicable FMVSS (49 CFR 571) the following standards in the manners (OMB) for review and clearance in shall be refused admission into the indicated: accordance with the Paperwork United States unless NHTSA has Standard No. 108 Lamps, Reflective Reduction Act of 1995, on or after the decided that the motor vehicle is Devices, and Associated Equipment: date of publication of this notice. The substantially similar to a motor vehicle The headlamp must be replaced with public is invited to submit comments on originally manufactured for importation the U.S.-model component. In addition, these requests. into and sale in the United States, U.S.-model front and rear side mounted DATES: Comments should be received on certified under 49 U.S.C. 30115, and of reflex reflectors, and a rear center or before April 20, 2018 to be assured the same model year as the model of the mounted reflex reflector must be of consideration. motor vehicle to be compared, and is installed. ADDRESSES: Send comments regarding capable of being readily altered to Standard No. 111 Rearview Mirrors: the burden estimate, or any other aspect conform to all applicable FMVSS. The mirror must be replaced with the of the information collection, including Petitions for eligibility decisions may U.S.-model part or etched to show any suggestions for reducing the burden, to be submitted by either manufacturers or required labeling. (1) Office of Information and Regulatory importers who have registered with Standard No. 120 Tire Selection and Affairs, Office of Management and NHTSA pursuant to 49 CFR part 592. As Rims and Motor Home/Recreation Budget, Attention: Desk Officer for specified in 49 CFR 593.7 Processing of Vehicle Trailer Load Carrying Capacity Treasury, New Executive Office Petitions, NHTSA publishes notice in Information for Motor Vehicles with a Building, Room 10235, Washington, DC the Federal Register of each petition GVWR of More than 4,536 Kilograms 20503, or email at OIRA_Submission@ that it receives, and affords interested (10,000 Pounds): The petitioner states persons an opportunity to comment on OMB.EOP.gov and (2) Treasury PRA that their Registered Importer Clearance Officer, 1750 Pennsylvania the petition. At the close of the Certification Label, which must be comment period, NHTSA decides, on Ave. NW, Suite 8142, Washington, DC affixed to the vehicle to satisfy the 20220, or email at PRA@treasury.gov. the basis of the petition and any requirements of 49 CFR part 567, comments that it has received, whether FOR FURTHER INFORMATION CONTACT: Certification, will include the necessary Copies of the submissions may be the vehicle is eligible for importation. tire, rim, tire pressure and weight rating The agency then publishes this decision obtained from Jennifer Quintana by information. emailing PRA@treasury.gov, calling in the Federal Register. Standard No. 123 Motorcycle II. Summary of Petition: J.K. (202) 622–0489, or viewing the entire Controls and Displays: The instrument information collection request at Technologies, LLC (JK), of Baltimore, cluster must be replaced with the U.S.- Maryland (Registered Importer R–90– www.reginfo.gov. model part. 006) has petitioned NHTSA to decide III. Comments: All comments received SUPPLEMENTARY INFORMATION: whether nonconforming MY 2013 and before the close of business on the 2014 Victory Hammer 8-Ball Internal Revenue Service (IRS) closing date indicated above will be motorcycles are eligible for importation Title: Employer’s Annual Railroad considered, and will be available for into the United States. The vehicles that Retirement Tax Return. examination in the docket at the above JK believes are substantially similar are OMB Control Number: 1545–0001. addresses both before and after that MY 2013 and 2014 Victory Hammer 8- Type of Review: Extension without date. To the extent possible, comments Ball motorcycles manufactured for sale change of a currently approved filed after the closing date will also be in the United States, and certified by collection. considered. Notice of final action on the Abstract: Railroad employers are their manufacturer as conforming to all petition will be published in the required to file an annual return to applicable FMVSS. The petitioner submitted information Federal Register pursuant to the report employer and employee Railroad that it claimed it received from the authority indicated below. Retirement Tax Act (RRTA). Form CT– manufacturer of the vehicles, Victory Authority: 49 U.S.C. 30141(a)(1)(A), 1 is used for this purpose. IRS uses the Motorcycles (Polaris Industries, Inc.) to (a)(1)(B), and (b)(1); 49 CFR 593.7; delegation information to insure that the employer demonstrate that non-U.S.-certified MY of authority at 49 CFR 1.95 and 501.8. has paid the correct tax. 2013 and 2014 Victory Hammer 8-Ball Claudia Covell, Forms: CT–1, CT1X. motorcycles, as originally Acting Director, Office of Vehicle Safety Affected Public: Businesses or other manufactured, conform to many Compliance. for-profits. applicable FMVSS in the same manner [FR Doc. 2018–05720 Filed 3–20–18; 8:45 am] Estimated Total Annual Burden as their U.S.-certified counterparts, or Hours: 39,455. BILLING CODE 4910–59–P are capable of being readily altered to Title: Form 637—Application for conform to those standards. Registration For Certain Excise Tax Specifically, the petitioner claims that Activities. the non-U.S.-certified MY 2013 and DEPARTMENT OF THE TREASURY OMB Control Number: 1545–0014. 2014 Victory Hammer 8-Ball Agency Information Collection Type of Review: Revision of a motorcycles, as originally Activities; Submission for OMB currently approved collection. manufactured, conform to the following Abstract: Form 637 is used to apply Review; Comment Request; Multiple standards: FMVSS Nos. 106 Brake for excise tax registration. The IRS Information Collection Requests registration applies to a person required sradovich on DSK3GMQ082PROD with NOTICES Hoses, 116 Motor Vehicle Brake Fluids, 119 New Pneumatic Tires for Motor AGENCY: Departmental Offices, U.S. to be registered under IRC section 4101 Vehicles with a GVWR of More than Department of the Treasury. for purposes of the federal excise tax on 4,536 Kilograms (10,000 Pounds) and ACTION: Notice. taxable fuel imposed by IRC 4041 and Motorcycles, 122 Motorcycle Brake 4081; and to certain manufacturers or Systems, and 205 Glazing Materials. SUMMARY: The Department of the sellers and purchasers that must register The petitioner also contends that the Treasury will submit the following under IRC 4222 to be exempt from the subject non-U.S. certified vehicles are information collection requests to the excise tax on taxable articles. The data VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\21MRN1.SGM 21MRN1


Document Created: 2018-03-21 00:45:25
Document Modified: 2018-03-21 00:45:25
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 April 20, 2018.
ContactGeorge Stevens, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5308.
FR Citation83 FR 12460 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR