Receipt of Petition for Decision That Nonconforming 2011-2014 Harley-Davidson FX, FL, XL, and VR Motorcycles Are Eligible for Importation |
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Topics: Harley-Davidson FL, Harley-Davidson FX, Harley-Davidson VR, Harley-Davidson Sportster
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
9 May 2014
[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26804-26805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10711]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0048; Notice 1]
Receipt of Petition for Decision That Nonconforming 2011-2014
Harley-Davidson FX, FL, XL, and VR Motorcycles Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of Receipt.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2011-2014 Harley-Davidson FX, FL, 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 (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
[[Page 26805]]
capable of being readily altered to conform to the standards.
DATES: The closing date for comments on the petition is June 9, 2014.
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.
Wallace Environmental Testing Laboratories, Inc (``WETL''), of
Houston, Texas (Registered Importer R-09-005) has petitioned NHTSA to
decide whether non-U.S. certified 2011-2014 Harley-Davidson FX, FL, XL,
and VR motorcycles are eligible for importation into the United States.
The vehicles that WETL believes are substantially similar are 2013
Harley-Davidson FX, FL, 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 carefully compared non-U.S. certified
2011-2014 Harley-Davidson FX, FL, 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.
WETL submitted information with its petition intended to
demonstrate that non-U.S. certified 2011-2014 Harley-Davidson FX, FL,
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 2011-
2014 Harley-Davidson FX, FL, XL, and VR motorcycles are identical to
their U.S. certified counterparts with respect to compliance with
Standard Nos. 106 Brake Hoses, 111 Rearview Mirrors, 116 Brake Fluid,
119 New Pneumatic Tires for Vehicles other than Passenger Cars, 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.-model components:
Headlamp, stop lamp, rear side mounted reflex reflectors, and rear
center mounted reflex reflector. The petitioner states that the turn
indicators and front side mounted reflex reflectors on the petition
vehicles are identical to the U.S.-model.
Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: installation of a tire information placard. Inspection
of rims for compliance with rim marking requirements.
Standard No. 123 Motorcycle Controls and Displays: installation of
a U.S.-model speedometer/odometer unit.
Standard No. 205 Glazing Materials: Inspection for compliance with
this standard.
Wallace further states that labels will be affixed to conform to
requirements of 49 CFR Part 567 Certification.
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 1.95 and 501.8.
Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-10711 Filed 5-8-14; 8:45 am]
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