[Federal Register: November 20, 2003 (Volume 68, Number 224)]
[Notices]
[Page 65489-65490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no03-102]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2003-16528]
Notice of Receipt of Petition for Decision That Nonconforming
2004 Harley Davidson FX, FL, XL, and VRSCA Motorcycles Are Eligible for
Importation
AGENCY: National Highway Traffic Safety Administration, DOT.
ACTION: Notice of receipt of petition for decision that nonconforming
2004 Harley Davidson FX, FL, XL, and VRSCA motorcycles are eligible for
importation.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2004 Harley Davidson FX, FL, XL, and VRSCA motorcycles that were not
originally manufactured to comply with all applicable Federal motor
vehicle safety standards 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 December 22,
2003.
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
http://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 Federal motor
vehicle safety standards 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
Federal motor vehicle safety standards.
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 2004 Harley Davidson FX, FL, XL, and VRSCA
motorcycles are eligible for importation into the United States. The
vehicles that MMI believes are substantially similar are 2004 Harley
Davidson FX, FL, XL, and VRSCA motorcycles that were manufactured for
sale in the United States and certified by their manufacturer, Harley
Davidson Motor Company, as conforming to all applicable Federal motor
vehicle safety standards.
The petitioner claims that it carefully compared non-U.S. certified
2004 Harley Davidson FX, FL, XL, and VRSCA motorcycles to their U.S.
certified counterparts, and found the vehicles to be substantially
similar with respect to compliance with most Federal motor vehicle
safety standards.
MMI submitted information with its petition intended to demonstrate
that non-U.S. certified 2004 Harley Davidson FX, FL, XL, and VRSCA
motorcycles, as originally manufactured, conform to many Federal motor
vehicle safety standards 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 2004
Harley Davidson FX, FL, XL, and VRSCA 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,
[[Page 65490]]
119 New Pneumatic Tires for Vehicles other than Passenger Cars, 122
Motorcycle Brake Systems, and 205 Glazing Materials.
The petitioner also states that the vehicles' original manufacturer
has stamped into the headstock a 17-digit vehicle identification number
(VIN) and affixed a label to the vehicles with the same VIN, as
required by 49 CFR part 565.
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: (a) Installation of U.S.-model headlamp assemblies, which
incorporate DOT certified headlamps; (b) replacement of all stop lamp
and directional bulbs with ones that are certified to DOT requirements;
(c) replacement of all lenses and housings (if needed) with ones that
are certified to DOT requirements.
Standard No. 120 Tire Selection and Rims for Vehicles other than
Passenger Cars: Installation of a tire information placard.
Standard No. 123 Motorcycle Controls and Displays: installation of
a U.S.-model speedometer reading in miles per hour and a U.S.-model
odometer reading in miles.
The petitioner also states that a certification label must be
affixed to the front of the motorcycle frame at the time modifications
are completed to comply with the requirements of 49 CFR part 567.
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: November 17, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-29032 Filed 11-19-03; 8:45 am]
BILLING CODE 4910-59-P