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Federal Register / Vol. 72, No.

104 / Thursday, May 31, 2007 / Notices 30425

Standard No. 114 Theft Protection: Harley Davidson FX, FL, and XL opportunity to comment on the petition.
Installation of a supplemental warning motorcycles are eligible for importation. At the close of the comment period,
buzzer system that includes a steering NHTSA decides, on the basis of the
lock mounted micro-switch to meet the SUMMARY: This document announces petition and any comments that it has
requirements of this standard. receipt by the National Highway Traffic received, whether the vehicle is eligible
Standard No. 115 Vehicle Safety Administration (NHTSA) of a for importation. The agency then
Identification: Installation of a vehicle petition for a decision that 2006 Harley publishes this decision in the Federal
identification plate near the left Davidson FX, FL, and XL motorcycles Register.
windshield post to meet the that were not originally manufactured to Milwaukee Motorcycle Imports, Inc.
requirements of this standard. comply with all applicable Federal of Milwaukee, Wisconsin (‘‘MMI’’)
Standard No. 120 Tire Selection and motor vehicle safety standards (FMVSS) (Registered Importer 99–192) has
Rims for Motor Vehicles Other than are eligible for importation into the petitioned NHTSA to decide whether
Passenger Cars: Installation of a tire United States because (1) they are non-U.S. certified 2006 Harley Davidson
information placard. substantially similar to vehicles that FX, FL, and XL motorcycles are eligible
Standard No. 208 Occupant Crash were originally manufactured for sale in for importation into the United States.
Protection: Installation of a the United States and that were certified The vehicles that MMI believes are
supplemental seat belt warning buzzer by their manufacturer as complying substantially similar are 2006 Harley
and warning light system that includes with the safety standards, and (2) they Davidson FX, FL, and XL motorcycles
a micro-switch mounted on the driver’s- are capable of being readily altered to that were manufactured for sale in the
side seat belt latch to meet the conform to the standards. United States and certified by their
requirements of this standard. DATES: The closing date for comments manufacturer as conforming to all
Interested persons are invited to on the petition is July 2, 2007. applicable FMVSS.
submit comments on the petition ADDRESSES: Comments should refer to The petitioner claims that it carefully
described above. Comments should refer the docket number and notice number, compared non-U.S. certified 2006
to the docket number and be submitted and be submitted to: Docket Harley Davidson FX, FL, and XL
to: Docket Management, Room PL–401, Management, Room PL–401, 400 motorcycles to their U.S. certified
400 Seventh St., SW., Washington, DC Seventh St., SW., Washington, DC counterparts, and found the vehicles to
20590. [Docket hours are from 9 a.m. to 20590. [Docket hours are from 9 a.m. to be substantially similar with respect to
5 p.m.] It is requested but not required 5 p.m.] Anyone is able to search the compliance with most FMVSS.
that 10 copies be submitted. electronic form of all comments MMI submitted information with its
All comments received before the received into any of our dockets by the petition intended to demonstrate that
close of business on the closing date name of the individual submitting the non-U.S. certified 2006 Harley Davidson
indicated above will be considered, and comment (or signing the comment, if FX, FL, and XL motorcycles, as
will be available for examination in the submitted on behalf of an association, originally manufactured, conform to
docket at the above address both before business, labor union, etc.). You may many FMVSS in the same manner as
and after that date. To the extent review DOT’s complete Privacy Act their U.S. certified counterparts, or are
possible, comments filed after the Statement in the Federal Register capable of being readily altered to
closing date will also be considered. published on April 11, 2000 (Volume conform to those standards.
Notice of final action on the petition Specifically, the petitioner claims that
65, Number 70; Pages 19477–78) or you
will be published in the Federal non-U.S. certified 2006 Harley Davidson
may visit http://dms.dot.gov.
Register pursuant to the authority FX, FL, and XL motorcycles are
FOR FURTHER INFORMATION CONTACT: identical to their U.S. certified
indicated below. Coleman Sachs, Office of Vehicle Safety counterparts with respect to compliance
Authority: 49 U.S.C. 30141(a)(1)(A) and Compliance, NHTSA (202–366–3151). with Standard Nos. 106 Brake Hoses,
(b)(1); 49 CFR 593.8; delegations of authority SUPPLEMENTARY INFORMATION:
at 49 CFR 1.50 and 501.8. 111 Rearview Mirrors, 116 Brake Fluid,
Background 119 New Pneumatic Tires for Vehicles
Issued on: May 25, 2007. other than Passenger Cars, 122
Claude H. Harris, Under 49 U.S.C. 30141(a)(1)(A), a Motorcycle Brake Systems, and 205
Director, Office of Vehicle Safety Compliance. motor vehicle that was not originally Glazing Materials.
[FR Doc. E7–10481 Filed 5–30–07; 8:45 am] manufactured to conform to all The petitioner further contends that
BILLING CODE 4910–59–P
applicable FMVSS shall be refused the vehicles are capable of being readily
admission into the United States unless altered to meet the following standards,
NHTSA has decided that the motor in the manner indicated below:
DEPARTMENT OF TRANSPORTATION vehicle is substantially similar to a Standard No. 108 Lamps, Reflective
motor vehicle originally manufactured Devices and Associated Equipment:
National Highway Traffic Safety for sale in the United States, certified Inspection of all vehicles and
Administration under 49 U.S.C. 30115, and of the same installation, on vehicles that are not
[Docket No. NHTSA–2007–28263]
model year as the model of the motor already so equipped, of U.S.-model
vehicle to be compared, and is capable components to meet the requirements of
Notice of Receipt of Petition for of being readily altered to conform to all this standard.
Decision That Nonconforming 2006 applicable FMVSS. Standard No. 120 Tire Selection and
Harley Davidson FX, FL, and XL Petitions for eligibility decisions may Rims for Vehicles other than Passenger
Motorcycles Are Eligible for be submitted by either manufacturers or Cars: (a) Installation of a tire
importers who have registered with information placard; (b) inspection of all
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Importation
NHTSA pursuant to 49 CFR part 592. As vehicles to ensure compliance with rim
AGENCY: National Highway Traffic specified in 49 CFR 593.7, NHTSA marking requirements, and replacement
Safety Administration, DOT. publishes notice in the Federal Register of rims that are not properly marked.
ACTION: Notice of receipt of petition for of each petition that it receives, and Standard No. 123 Motorcycle
decision that nonconforming 2006 affords interested persons an Controls and Displays: Installation of a

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30426 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices

U.S.-model speedometer reading in public interest or consistent with the years. According to its current forecasts,
miles per hour and a U.S.-model Safety Act to grant an economic SS II anticipates the following
odometer reading in miles. hardship exemption to permit this production of Shelby Series II vehicles
Comments should refer to the docket vehicle to be sold without air bags. over calendar years (CY) 2006–2008: 86
number and be submitted to: Docket FOR FURTHER INFORMATION CONTACT: Ms. vehicles in CY 2006; 120 vehicles in CY
Management, Room PL–401, 400 Dorothy Nakama, Office of the Chief 2007, and 44 vehicles in CY 2008.
Seventh Street, SW., Washington, DC Counsel, NCC–112, National Highway B. Requested exemption. SS II stated
20590. It is requested but not required Traffic Safety Administration, 1200 New its intention to certify compliance of
that 10 copies be submitted. Jersey Avenue, SE., Washington, DC Shelby II vehicles with all applicable
All comments received before the 20590. Telephone: (202) 366–2992; Fax: U.S. standards by July 31, 2008,
close of business on the closing date (202) 366–3820. including advanced air bags. The
indicated above will be considered, and company envisions a later generation of
SUPPLEMENTARY INFORMATION:
will be available for examination in the Shelby III vehicles that would similarly
docket at the above address both before I. Background comply with all applicable standards.
and after that date. To the extent SS II is a privately-held company that Accordingly, SS II seeks an exemption
possible, comments filed after the was incorporated in the State of Nevada from the requirements of S4.1.5.3 and
closing date will also be considered. in 2005 and began operations in January S14 of FMVSS No. 208 from the date of
Notice of final action on the petition 2006. According to the petitioner, SS II approval of its petition to July 31, 2008.
will be published in the Federal acquired the tooling for the Shelby
Register pursuant to the authority II. SS II’s Statement of Economic
Series 1 vehicle under a licensing Hardship
indicated below. agreement from Shelby American
Authority: 49 U.S.C. 30141(a)(1)(A) and Corporation, pursuant to which SS II The financial documents submitted to
(b)(1); 49 CFR 593.8; delegations of authority has the right to produce 250 units of the NHTSA by the petitioner indicate that
at 49 CFR 1.50 and 501.8. Shelby Series II, a convertible sports car the SS II Shelby Series II project will
Issued on: May 25, 2007. based upon the Shelby Series 1 design. result in financial losses unless SS II
The Shelby Series II would utilize the obtains a temporary exemption. As
Claude H. Harri,
same chassis as the Shelby Series 1, but discussed below, the company has
Director, Office of Vehicle, Safety invested significant resources to ensure
Compliance. use modified exterior, interior, and
powertrain components. SS II operates that the Shelby Series II meets current
[FR Doc. E7–10484 Filed 5–30–07; 8:45 am] U.S. standards, and it has plans for the
BILLING CODE 4910–59–P
independently and is not affiliated with
any other vehicle manufacturer. development of an inflatable restraint
In a supplement to its petition, SS II system that meets the ‘‘advanced air
stated that Shelby American Inc. bag’’ requirements of FMVSS No. 208.
DEPARTMENT OF TRANSPORTATION
(another small volume manufacturer) As of the time of the application, SS
National Highway Traffic Safety produced Shelby Series 1 vehicles for II has invested over $1.4 million on the
Administration sale only in model year 1999, and these design, development, and homologation
vehicles were sold without an inflatable of the Shelby Series II project in order
[Docket No. NHTSA–2006–25544] to have the vehicle meet U.S.
restraint system, because NHTSA
granted that company a temporary standards—not including the air bag
SS II of America, Inc.; Denial of requirements which are the subject of
Application for a Temporary exemption under Part 555 (see 64 FR
6736 (Feb. 10, 1999)). As a result, when the present petition for temporary
Exemption From the Air Bag exemption. The company has stated that
Requirements of FMVSS No. 208 SS II acquired the tooling for the Shelby
Series 1, there was no air bag system, so it cannot hope to attain profitability if
AGENCY: National Highway Traffic development efforts in this area must, it incurs additional research and
Safety Administration (NHTSA), by necessity, start from a very development expenses at this time.
Department of Transportation (DOT). fundamental level. SS II stated that costs associated with
ACTION: Denial of application for a The petitioner argued that it tried in air bag engineering and development
temporary exemption from provisions of good faith, but could not bring the (including materials, tooling, testing,
Federal Motor Vehicle Safety Standard vehicle into compliance with the air bag and test vehicles) have been estimated
(FMVSS) No. 208, Occupant Crash requirements of FMVSS No. 208, and to be almost $4.2 million. In its petition,
Protection. that it would incur substantial economic SS II reasoned that sales in the U.S.
hardship if it cannot sell vehicles in the market must commence in order to
SUMMARY: This document denies the U.S. after September 1, 2006. finance this work and that the
petition of SS II of America, Inc. (SS II) A. Eligibility. SS II is a U.S. company exemption is necessary to allow the
for a temporary exemption from the air incorporated in Nevada in 2005. The company to ‘‘bridge the gap’’ until fully
bag requirements of FMVSS No. 208 for company is a small volume compliant vehicles can be funded,
the SS II Shelby Series II from manufacturer of specialty sports cars developed, tooled, and introduced.
September 1, 2006 through July 31, with approximately 30 employees. The If the exemption is denied, SS II
2008. The basis for the application was organization obtained the rights to projects a net loss of nearly $4.8 million
that compliance would cause produce 250 ‘‘Shelby’’ vehicles under a over the period from calendar years
substantial economic hardship to a licensing agreement from Shelby 2006–2008. However, if the petition is
manufacturer that has tried in good faith American Corporation. However, SS II granted, the company anticipates a net
to comply with the standard.1 We have is an independent automobile profit of over $1.7 million during that
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determined that it would not be in the manufacturer; no vehicle manufacturer same period.2 According to the
1 To view the application, go to: http://
has an ownership interest in SS II, and 2 It should be noted that the two sets of financial

dms.dot.gov/search/searchFormSimple.cfm and
the reverse is likewise true. projections supplied by SS II reflect slightly
enter the docket number set fourth in the heading As a relatively new company, SS II different timeframes. For the scenario in which the
of this document. has not produced any vehicles in prior agency denies the company’s requested exemption,

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