[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Notices]
[Pages 65489-65490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29032]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-16528]


Notice of Receipt of Petition for Decision That Nonconforming 
2004 Harley Davidson FX, FL, XL, and VRSCA Motorcycles Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2004 Harley Davidson FX, FL, XL, and VRSCA motorcycles 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 
2004 Harley Davidson FX, FL, XL, and 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 December 22, 
2003.

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.). Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle 
Safety Compliance, NHTSA (202-366-3151).

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) has petitioned NHTSA to decide 
whether non-U.S. certified 2004 Harley Davidson FX, FL, XL, and VRSCA 
motorcycles are eligible for importation into the United States. The 
vehicles that MMI believes are substantially similar are 2004 Harley 
Davidson FX, FL, XL, and 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 
2004 Harley Davidson FX, FL, XL, and 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 2004 Harley Davidson FX, FL, XL, and 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 2004 
Harley Davidson FX, FL, XL, and 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,

[[Page 65490]]

119 New Pneumatic Tires for Vehicles other than Passenger Cars, 122 
Motorcycle Brake Systems, and 205 Glazing Materials.
    The petitioner also states that the vehicles' original manufacturer 
has stamped into the headstock a 17-digit vehicle identification number 
(VIN) and affixed a label to the vehicles with the same VIN, as 
required by 49 CFR part 565.
    The petitioner further 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 DOT certified headlamps; (b) replacement of all stop lamp 
and directional bulbs with ones that are certified to DOT requirements; 
(c) replacement of all lenses and housings (if needed) with ones that 
are certified to DOT requirements.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: Installation of a tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: installation of 
a U.S.-model speedometer reading in miles per hour and a U.S.-model 
odometer reading in miles.
    The petitioner also states that a certification label must be 
affixed to the front of the motorcycle frame at the time modifications 
are completed to comply with the requirements of 49 CFR part 567.
    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: November 17, 2003.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 03-29032 Filed 11-19-03; 8:45 am]
BILLING CODE 4910-59-P