Notice of Receipt of Petition for Decision That Nonconforming 2006 Harley Davidson FX, FL, and XL Motorcycles Are Eligible for Importation, 30425-30426 [E7-10484]
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Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices
Standard No. 114 Theft Protection:
Installation of a supplemental warning
buzzer system that includes a steering
lock mounted micro-switch to meet the
requirements of this standard.
Standard No. 115 Vehicle
Identification: Installation of a vehicle
identification plate near the left
windshield post to meet the
requirements of this standard.
Standard No. 120 Tire Selection and
Rims for Motor Vehicles Other than
Passenger Cars: Installation of a tire
information placard.
Standard No. 208 Occupant Crash
Protection: Installation of a
supplemental seat belt warning buzzer
and warning light system that includes
a micro-switch mounted on the driver’sside seat belt latch to meet the
requirements of this standard.
Interested persons are invited to
submit comments on the petition
described above. Comments should refer
to the docket number and be submitted
to: Docket Management, Room PL–401,
400 Seventh St., SW., Washington, DC
20590. [Docket hours are from 9 a.m. to
5 p.m.] It is requested but not required
that 10 copies be submitted.
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 address 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 1.50 and 501.8.
Issued on: May 25, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7–10481 Filed 5–30–07; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
sroberts on PROD1PC70 with NOTICES
[Docket No. NHTSA–2007–28263]
Notice of Receipt of Petition for
Decision That Nonconforming 2006
Harley Davidson FX, FL, and XL
Motorcycles Are Eligible for
Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 2006
AGENCY:
VerDate Aug<31>2005
16:01 May 30, 2007
Jkt 211001
Harley Davidson FX, FL, and XL
motorcycles are eligible for importation.
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 2006 Harley
Davidson FX, FL, and XL 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 capable of being readily altered to
conform to the standards.
DATES: The closing date for comments
on the petition is July 2, 2007.
ADDRESSES: Comments should refer to
the docket number and notice number,
and be submitted to: Docket
Management, Room PL–401, 400
Seventh St., SW., Washington, DC
20590. [Docket hours are from 9 a.m. to
5 p.m.] 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 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
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
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
30425
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.
Milwaukee Motorcycle Imports, Inc.
of Milwaukee, Wisconsin (‘‘MMI’’)
(Registered Importer 99–192) has
petitioned NHTSA to decide whether
non-U.S. certified 2006 Harley Davidson
FX, FL, and XL motorcycles are eligible
for importation into the United States.
The vehicles that MMI believes are
substantially similar are 2006 Harley
Davidson FX, FL, and XL 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 2006
Harley Davidson FX, FL, and XL
motorcycles to their U.S. certified
counterparts, and found the vehicles to
be substantially similar with respect to
compliance with most FMVSS.
MMI submitted information with its
petition intended to demonstrate that
non-U.S. certified 2006 Harley Davidson
FX, FL, and XL 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 2006 Harley Davidson
FX, FL, and XL 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, and 205
Glazing Materials.
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:
Inspection of all vehicles and
installation, on vehicles that are not
already so equipped, of U.S.-model
components to meet the requirements of
this standard.
Standard No. 120 Tire Selection and
Rims for Vehicles other than Passenger
Cars: (a) Installation of a tire
information placard; (b) inspection of all
vehicles to ensure compliance with rim
marking requirements, and replacement
of rims that are not properly marked.
Standard No. 123 Motorcycle
Controls and Displays: Installation of a
E:\FR\FM\31MYN1.SGM
31MYN1
30426
Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices
U.S.-model speedometer reading in
miles per hour and a U.S.-model
odometer reading in miles.
Comments should refer to the docket
number and be submitted to: Docket
Management, Room PL–401, 400
Seventh Street, SW., Washington, DC
20590. It is requested but not required
that 10 copies be submitted.
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 address 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 1.50 and 501.8.
Issued on: May 25, 2007.
Claude H. Harri,
Director, Office of Vehicle, Safety
Compliance.
[FR Doc. E7–10484 Filed 5–30–07; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2006–25544]
SS II of America, Inc.; Denial of
Application for a Temporary
Exemption From the Air Bag
Requirements of FMVSS No. 208
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of application for a
temporary exemption from provisions of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 208, Occupant Crash
Protection.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: This document denies the
petition of SS II of America, Inc. (SS II)
for a temporary exemption from the air
bag requirements of FMVSS No. 208 for
the SS II Shelby Series II from
September 1, 2006 through July 31,
2008. The basis for the application was
that compliance would cause
substantial economic hardship to a
manufacturer that has tried in good faith
to comply with the standard.1 We have
determined that it would not be in the
1 To view the application, go to: https://
dms.dot.gov/search/searchFormSimple.cfm and
enter the docket number set fourth in the heading
of this document.
VerDate Aug<31>2005
16:01 May 30, 2007
Jkt 211001
public interest or consistent with the
Safety Act to grant an economic
hardship exemption to permit this
vehicle to be sold without air bags.
FOR FURTHER INFORMATION CONTACT: Ms.
Dorothy Nakama, Office of the Chief
Counsel, NCC–112, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590. Telephone: (202) 366–2992; Fax:
(202) 366–3820.
SUPPLEMENTARY INFORMATION:
I. Background
SS II is a privately-held company that
was incorporated in the State of Nevada
in 2005 and began operations in January
2006. According to the petitioner, SS II
acquired the tooling for the Shelby
Series 1 vehicle under a licensing
agreement from Shelby American
Corporation, pursuant to which SS II
has the right to produce 250 units of the
Shelby Series II, a convertible sports car
based upon the Shelby Series 1 design.
The Shelby Series II would utilize the
same chassis as the Shelby Series 1, but
use modified exterior, interior, and
powertrain components. SS II operates
independently and is not affiliated with
any other vehicle manufacturer.
In a supplement to its petition, SS II
stated that Shelby American Inc.
(another small volume manufacturer)
produced Shelby Series 1 vehicles for
sale only in model year 1999, and these
vehicles were sold without an inflatable
restraint system, because NHTSA
granted that company a temporary
exemption under Part 555 (see 64 FR
6736 (Feb. 10, 1999)). As a result, when
SS II acquired the tooling for the Shelby
Series 1, there was no air bag system, so
development efforts in this area must,
by necessity, start from a very
fundamental level.
The petitioner argued that it tried in
good faith, but could not bring the
vehicle into compliance with the air bag
requirements of FMVSS No. 208, and
that it would incur substantial economic
hardship if it cannot sell vehicles in the
U.S. after September 1, 2006.
A. Eligibility. SS II is a U.S. company
incorporated in Nevada in 2005. The
company is a small volume
manufacturer of specialty sports cars
with approximately 30 employees. The
organization obtained the rights to
produce 250 ‘‘Shelby’’ vehicles under a
licensing agreement from Shelby
American Corporation. However, SS II
is an independent automobile
manufacturer; no vehicle manufacturer
has an ownership interest in SS II, and
the reverse is likewise true.
As a relatively new company, SS II
has not produced any vehicles in prior
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
years. According to its current forecasts,
SS II anticipates the following
production of Shelby Series II vehicles
over calendar years (CY) 2006–2008: 86
vehicles in CY 2006; 120 vehicles in CY
2007, and 44 vehicles in CY 2008.
B. Requested exemption. SS II stated
its intention to certify compliance of
Shelby II vehicles with all applicable
U.S. standards by July 31, 2008,
including advanced air bags. The
company envisions a later generation of
Shelby III vehicles that would similarly
comply with all applicable standards.
Accordingly, SS II seeks an exemption
from the requirements of S4.1.5.3 and
S14 of FMVSS No. 208 from the date of
approval of its petition to July 31, 2008.
II. SS II’s Statement of Economic
Hardship
The financial documents submitted to
NHTSA by the petitioner indicate that
the SS II Shelby Series II project will
result in financial losses unless SS II
obtains a temporary exemption. As
discussed below, the company has
invested significant resources to ensure
that the Shelby Series II meets current
U.S. standards, and it has plans for the
development of an inflatable restraint
system that meets the ‘‘advanced air
bag’’ requirements of FMVSS No. 208.
As of the time of the application, SS
II has invested over $1.4 million on the
design, development, and homologation
of the Shelby Series II project in order
to have the vehicle meet U.S.
standards—not including the air bag
requirements which are the subject of
the present petition for temporary
exemption. The company has stated that
it cannot hope to attain profitability if
it incurs additional research and
development expenses at this time.
SS II stated that costs associated with
air bag engineering and development
(including materials, tooling, testing,
and test vehicles) have been estimated
to be almost $4.2 million. In its petition,
SS II reasoned that sales in the U.S.
market must commence in order to
finance this work and that the
exemption is necessary to allow the
company to ‘‘bridge the gap’’ until fully
compliant vehicles can be funded,
developed, tooled, and introduced.
If the exemption is denied, SS II
projects a net loss of nearly $4.8 million
over the period from calendar years
2006–2008. However, if the petition is
granted, the company anticipates a net
profit of over $1.7 million during that
same period.2 According to the
2 It should be noted that the two sets of financial
projections supplied by SS II reflect slightly
different timeframes. For the scenario in which the
agency denies the company’s requested exemption,
E:\FR\FM\31MYN1.SGM
31MYN1
]]>Agencies
[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Pages 30425-30426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10484]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2007-28263]
Notice of Receipt of Petition for Decision That Nonconforming
2006 Harley Davidson FX, FL, and XL Motorcycles Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
2006 Harley Davidson FX, FL, and XL motorcycles are eligible for
importation.
-----------------------------------------------------------------------
SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2006 Harley Davidson FX, FL, and XL 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 capable of being readily altered to conform
to the standards.
DATES: The closing date for comments on the petition is July 2, 2007.
ADDRESSES: Comments should refer to the docket number and notice
number, and be submitted to: Docket Management, Room PL-401, 400
Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m.
to 5 p.m.] 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 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA (202-366-3151).
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.
Milwaukee Motorcycle Imports, Inc. of Milwaukee, Wisconsin
(``MMI'') (Registered Importer 99-192) has petitioned NHTSA to decide
whether non-U.S. certified 2006 Harley Davidson FX, FL, and XL
motorcycles are eligible for importation into the United States. The
vehicles that MMI believes are substantially similar are 2006 Harley
Davidson FX, FL, and XL 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
2006 Harley Davidson FX, FL, and XL motorcycles to their U.S. certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS.
MMI submitted information with its petition intended to demonstrate
that non-U.S. certified 2006 Harley Davidson FX, FL, and XL
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 2006
Harley Davidson FX, FL, and XL 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, and 205 Glazing Materials.
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: Inspection of all vehicles and installation, on vehicles
that are not already so equipped, of U.S.-model components to meet the
requirements of this standard.
Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: (a) Installation of a tire information placard; (b)
inspection of all vehicles to ensure compliance with rim marking
requirements, and replacement of rims that are not properly marked.
Standard No. 123 Motorcycle Controls and Displays: Installation of
a
[[Page 30426]]
U.S.-model speedometer reading in miles per hour and a U.S.-model
odometer reading in miles.
Comments should refer to the docket number and be submitted to:
Docket Management, Room PL-401, 400 Seventh Street, SW., Washington, DC
20590. It is requested but not required that 10 copies be submitted.
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 address 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 1.50 and 501.8.
Issued on: May 25, 2007.
Claude H. Harri,
Director, Office of Vehicle, Safety Compliance.
[FR Doc. E7-10484 Filed 5-30-07; 8:45 am]
BILLING CODE 4910-59-P
