[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Pages 6612-6613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3448]


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DEPARTMENT OF TRANSPORTATION
[Docket No. 97-011; Notice 1]


Notice of Receipt of Petition for Decision That Nonconforming 
1972 Through 1997 Harley Davidson FX, FL, and XL Series Motorcycles Are 
Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT

ACTION: Notice of receipt of petition.

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SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a decision that 1972 
through 1997 Harley Davidson FX, FL, and XL series motorcycles 
manufactured for the European and other Foreign markets 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 importation into and 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 March 14, 1997.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Section, Room 5109, National 
Highway Traffic Safety Administration, 400 Seventh St., SW, Washington, 
DC 20590. [Docket hours are from 9:30 am to 4 pm]

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

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.
    Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
(``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to 
decide whether 1972 through 1997 Harley Davidson FX, FL, and XL series 
motorcycles manufactured for the European and other foreign markets are 
eligible for importation into the United States. The vehicles that 
Wallace believes are substantially similar are the versions of the 1972 
through 1997 Harley Davidson FX, FL, and XL series motorcycles that 
were manufactured for importation into, and sale in, the United States 
and certified by their manufacturer as conforming to all applicable 
Federal motor vehicle safety standards.
    The petitioner claims that it carefully compared the non-U.S. 
certified 1972 through 1997 Harley Davidson FX, FL, and XL series 
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.
    Wallace submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1972 through 1997 Harley 
Davidson FX, FL, and XL series 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 the 1972 through 1997 
Harley Davidson FX, FL, and XL series 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, 
120  Tire Selection and Rims for Vehicles other than Passenger Cars, 
122  Motorcycle Brake Systems, and 205  Glazing Materials.

[[Page 6613]]

    Additionally, Petitioner states that the non-U.S. certified 1972 
through 1997 Harley Davidson FX, FL, and XL series motorcycles comply 
with the vehicle identification number requirements of 49 CFR part 565, 
and the tire identification and recordkeeping requirements of 49 CFR 
574.
    Petitioner also contends that the non-U.S. certified 1972 through 
1997 Harley Davidson FX, FL, and XL series motorcycles are capable of 
being readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 108  Lamps, Reflective Devices and Associated 
Equipment: installation of U.S.-model headlamp assembly, taillight 
assembly, and reflectors.
    Standard No. 123  Motorcycle Controls and Displays: installation of 
a U.S. model speedometer calibrated in miles per hour.
    Petitioner also states that a vehicle identification number plate 
will be affixed to the vehicles to meet the requirements of 49 CFR part 
565.
    Comments should refer to the docket number and be submitted to: 
Docket Section, National Highway Traffic Safety Administration, Room 
5109, 400 Seventh Street, S.W., 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 February 6, 1997.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 97-3448 Filed 2-11-97; 8:45 am]
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