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

Topics:  Victory Hammer

Claudia Covell
National Highway Traffic Safety Administration
21 March 2018

[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12460-12461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05720]


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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.

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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