[Federal Register Volume 67, Number 211 (Thursday, October 31, 2002)]
[Notices]
[Pages 66453-66454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27724]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13019; Notice 2]


Decision that Nonconforming 2003 Harley Davidson VRSCA 
Motorcycles Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that nonconforming 2003 Harley 
Davidson VRSCA motorcycles are eligible for importation.

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SUMMARY: This document announces the decision by NHTSA 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 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 (the U.S. certified versions of 
the 2003 Harley Davidson VRSCA motorcycles), and they are capable of 
being readily altered to conform to the standards.

DATE: This decision is effective as of the date of its publication in 
the Federal Register.

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.
    Milwaukee Motorcycle Imports, Inc. of Milwaukee, Wisconsin 
(``MMI'')(Registered Importer 99-192) petitioned NHTSA to decide 
whether non-U.S. certified 2003 Harley Davidson VRSCA motorcycles are 
eligible for importation into the United States. NHTSA published notice 
of the petition on August 26, 2002 (67 FR 54839) to afford an 
opportunity for public comment. The reader is referred to that document 
for a thorough description of the petition.
    One comment was received in response to the notice of petition, 
from Harley-Davidson Motor Company, the manufacturer of the vehicles in 
question. In this comment, Harley-Davidson stated that it agreed with 
the petitioner's 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. Harley-Davidson also expressed agreement with the 
petitioner's statement that vehicle identification number 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.
    Harley-Davidson also agreed with the petitioner's description of 
modifications that would have to be performed on the vehicles to bring 
them into compliance with Standard Nos. 120 Tire Selection and Rims for 
Vehicles other than Passenger Cars, and 123 Motorcycle Controls and 
Displays. With respect to the latter standard, Harley-Davidson noted 
that the installation of a new odometer on the vehicles would trigger 
the odometer disclosure requirements of 49 CFR part 580. After it was 
accorded an opportunity to address this comment, MMI informed the 
agency that after the new odometer is installed, an odometer disclosure 
label is permanently affixed to the frame of the motorcycle. MMI 
further observed that the person selling the vehicle would be 
responsible for completing the odometer disclosure statement required 
by the regulations in 49 CFR part 580.
    Harley-Davidson directed the bulk of its comments to the 
petitioner's description of modifications that would need to be 
performed to conform the vehicles to Standard No. 108 Lamps, Reflective 
Devices and Associated Equipment. The petition stated that these 
modifications would include: (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 reflectors that are 
certified to meet the standard. The petition further stated that 
although there are no daytime running lights on non-U.S. certified 
versions of the vehicle, their headlamps and tail lamps are activated 
when the ignition is turned on.
    In its comment, Harley-Davidson stated that the full headlamp 
assembly (lens, bulbs, and reflector) and the full stop/tail lamp unit 
(lens, bulb, and reflector) for non-domestic vehicles, other than those 
intended for sale in Canada, are not compliant with Standard No. 108. 
Harley-Davidson further observed that the directional signals on non-
U.S. certified versions of the vehicle are slightly different than 
those on its U.S. certified counterpart. Harley-Davidson remarked that 
although the lenses for all vehicles are

[[Page 66454]]

the same, the reflectors and bulbs on non-domestic vehicles, except 
those intended for sale in Canada, are not. Harley-Davidson also agreed 
that all rear reflectors on non-domestic vehicles, except those 
intended for sale in Canada, will have to be replaced with red 
reflectors that are certified to meet the standard. Harley-Davidson 
further remarked that the license plate/rear reflector component 
mounting unit for non-domestic models, except those intended for sale 
in Canada, do not meet the illumination requirements of the standard. 
With respect to daytime running lights, Harley-Davidson stated that it 
does not market vehicles anywhere that are capable of meeting 
requirements for that equipment, but that the headlamps and tail lamps 
on its vehicles do burn when then the ignition is on. Harley-Davidson 
stated that all of its domestic and Canadian-market vehicle have amber 
positioning lamps incorporating the lower filament of the two-filament 
front directional signal bulbs.
    In its response to these comments, MMI noted that it had already 
stated in the petition that the a U.S.-model headlamp assembly, which 
includes a lens, bulb, and reflector, will have to be installed on non-
U.S. certified versions of the vehicle to comply with Standard No. 108. 
MMI further asserted that insofar as the stop/tail lamp, directional 
signals, and lenses are concerned, replacement of these units with 
U.S.-model parts will meet the requirements of the standard. MMI 
further contended that replacement of the non-domestic license plate/
rear reflector with U.S.-model components will meet the illumination 
requirements of the standard.
    In consideration of the foregoing, NHTSA has decided to grant the 
petition.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must 
indicate on the form HS-7 accompanying entry the appropriate vehicle 
eligibility number indicating that the vehicle is eligible for entry. 
VSP-394 is the vehicle eligibility number assigned to vehicles 
admissible under this notice of final decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that 2003 Harley Davidson VRSCA motorcycles that were not originally 
manufactured to comply with all applicable Federal motor vehicle safety 
standards are substantially similar to 2003 Harley Davidson VRSCA 
motorcycles originally manufactured for sale in the United States and 
certified under 49 U.S.C. 30115, and are capable of being readily 
altered to conform to all applicable Federal motor vehicle safety 
standards.

    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 28, 2002.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 02-27724 Filed 10-30-02; 8:45 am]
BILLING CODE 4910-59-P