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

Topics:  Harley-Davidson FX, Harley-Davidson VR, Harley-Davidson Sportster

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
26 January 2016

[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4362-4363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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]
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