[Federal Register Volume 67, Number 211 (Thursday, October 31, 2002)]
[Notices]
[Pages 66454-66455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27725]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2002-13018; Notice 2]


Decision That Nonconforming 2003 Harley Davidson FX, FL, and XL 
Motorcycles Are Eligible for Importation

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

ACTION: Notice of decision by NHTSA that nonconforming 2003 Harley 
Davidson FX, FL, and XL motorcycles are eligible for importation.

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SUMMARY: This document announces the decision by NHTSA that 2003 Harley 
Davidson FX, FL, and XL 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 FX, FL, and XL 
motorcycles), and they are capable of being readily altered to conform 
to the standards.

DATES: 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 FX, FL, and XL 
motorcycles are eligible for importation into the United States. NHTSA 
published notice of the petition on August 26, 2002 (67 FR 54840) 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 
FX, FL, and XL 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 FX, FL, and XL 
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

[[Page 66455]]

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 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; and (c) replacement of all 
lenses with lenses that are certified to meet the standard.
    In its comment, Harley-Davidson stated that headlamps on vehicles 
manufactured for sale outside the United States may not incorporate 
bulbs meeting Standard No. 108. Harley-Davidson also stated that non-
U.S. certified stop and directional signals contain lenses, reflectors, 
and bulbs that do not meet the standard, and would have to be replaced. 
Harley-Davidson further observed that motorcycles manufactured for sale 
outside the United States may incorporate amber rear side reflectors 
that do not meet the requirements of the standard, and be equipped with 
license plate brackets that do not meet the illumination requirements 
of the standard. In its response to these comments, MMI stated that 
U.S.-model headlamp assemblies, stop/tail lamp assemblies, directional 
signals, lenses, license plate lamps, and rear amber reflectors would 
be installed on the vehicles to replace any non-conforming components 
originally installed.
    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-393 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 FX, FL, and XL motorcycles that were not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards are substantially similar to 2003 Harley 
Davidson FX, FL, and XL 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. 02-27725 Filed 10-30-02; 8:45 am]
BILLING CODE 4910-59-P