[Federal Register Volume 67, Number 208 (Monday, October 28, 2002)]
[Notices]
[Pages 65833-65834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27389]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13533]


Notice of Receipt of Petition for Decision That Nonconforming 
1995-2002 Harley Davidson Buell Motorcycles (All Models) Are Eligible 
for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
1995-2002 Harley Davidson Buell motorcycles (all models) 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 
1995-2002 Harley Davidson Buell motorcycles (all models) that were not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards are eligible for importation into the United 
States because they (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 November 27, 
2002.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket

[[Page 65834]]

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 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.
    Northern California Diagnostic Laboratories, Inc. of Napa, 
California (``NCDL'')(Registered Importer 92-011) has petitioned NHTSA 
to decide whether non-U.S. certified 1995-2002 Harley Davidson Buell 
motorcycles (all models) are eligible for importation into the United 
States. NCDL contends that these vehicles are eligible for importation 
under 49 U.S.C. 30141(a)(1)(A). The vehicles which NCDL believes are 
substantially similar are 1995-2002 Harley Davidson Buell motorcycles 
(all models) 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 non-U.S. certified 
1995-2002 Harley Davidson Buell motorcycles (all models) 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.
    Specifically, the petitioner claims that non-U.S. certified 1995-
2002 Harley Davidson Buell motorcycles (all models) 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 have been affixed 
to non-U.S. certified 1995-2002 Harley Davidson Buell motorcycles.
    Petitioner additionally contends that the vehicles are capable of 
being altered to meet the following standards, in the manner indicated 
below:
    Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: installation of headlamp bulbs, amber front side reflectors, 
and red rear side reflectors that conform to the requirements of the 
standard. The petitioner states that the vehicles are already equipped 
with a tail lamp system, a stop lamp system, a white license plate 
lamp, and turn signals that conform to the standard.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: installation of a label showing that the tires and rims 
are in conformity with the requirements of the standard.
    Standard No. 123 Motorcycle Controls and Displays: modification of 
the speedometer to read in miles per hour. The petitioner states that 
the vehicles are already equipped with a supplemental engine stop 
control on the right handlebar and other controls and displays that are 
in conformity with the requirements of the standard.
    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: October 23, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-27389 Filed 10-25-02; 8:45 am]
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