[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Notices]
[Pages 54839-54840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21685]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13019]


Notice of Receipt of Petition for Decision That Nonconforming 
2003 Harley Davidson VRSCA Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2003 Harley Davidson VRSCA 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 
2003 Harley Davidson 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 September 25, 
2002.

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.]

FOR FURTHER INFORMATION CONTACT: Luke Loy, Office of Vehicle Safety 
Compliance, NHTSA (202-366-5308).

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

[[Page 54840]]

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 2003 Harley Davidson VRSCA motorcycles are 
eligible for importation into the United States. The vehicles which MMI 
believes are substantially similar are 2003 Harley Davidson 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 
2003 Harley Davidson 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 2003 Harley Davidson 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 2003 
Harley Davidson 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, 119 New Pneumatic Tires 
for Vehicles other than Passenger Cars, 122 Motorcycle Brake Systems, 
and 205 Glazing Materials.
    The petitioner also states that vehicle identification number (VIN) 
plates that meet the requirements of 49 CFR part 565 are already 
affixed to non-U.S. certified 2003 Harley Davidson VRSCA motorcycles 
and that each vehicle's 17-digit VIN is stamped onto its headstock at 
the time of manufacture.
    Petitioner additionally 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 headlamps that are certified to meet the standard; (b) 
replacement of all stop lamp and directional signal bulbs with bulbs 
that are certified to meet the standard; (c) replacement of all lenses 
with lenses that are certified to meet the standard; and (d) 
replacement of all rear reflectors with red rear reflectors that are 
certified to meet the standard. The petitioner states that although 
there are no daytime running lights on the non-U.S. certified version 
of the vehicle, its headlamp and tail lamp are activated when the 
ignition is turned on.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: installation of a tire information label that displays 
the recommended tire size, rim size, and cold inflation pressure. The 
petitioner states that the vehicle is equipped with rims that are 
certified to meet the standard.
    Standard No. 123 Motorcycle Controls and Displays: installation of 
a U.S. model speedometer calibrated in miles per hour and a U.S. model 
odometer that measures distance traveled in miles. The petitioner 
states that the components installed will include a resetable trip 
meter with diagnostic capabilities, fuel gauge, low fuel light, oil 
pressure indicator light, cooling temperature light, engine diagnostic 
light, and security alarm light.
    The petitioner states that when the vehicle has been brought into 
conformity with all applicable Federal motor vehicle safety standards, 
a certification label that meets the requirements of 49 CFR part 567 
will be affixed to the front of the motorcycle frame.
    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: August 21, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-21685 Filed 8-23-02; 8:45 am]
BILLING CODE 4910-59-P