[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Notices]
[Pages 45484-45485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15478]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-22003]


Notice of Receipt of Petition for Decision That Nonconforming 
2005 Harley Davidson FX, FL, and XL Motorcycles Are Eligible for 
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming 
2005

[[Page 45485]]

Harley Davidson FX, FL, and XL 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 
2005 Harley Davidson FX, FL, and XL motorcycles that were not 
originally manufactured to comply with all applicable Federal motor 
vehicle safety standards (FMVSS) 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 6, 
2005.

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 FMVSS 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 FMVSS.
    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.
    Wallace Environmental Testing Laboratories, Inc. (WETL) (Registered 
Importer 90-005) has petitioned NHTSA to decide whether non-U.S. 
certified 2005 Harley Davidson FX, FL, and XL motorcycles are eligible 
for importation into the United States. The vehicles that WETL believes 
are substantially similar are 2005 Harley Davidson FX, FL, and XL 
motorcycles that were manufactured for sale in the United States and 
certified by their manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S. certified 
2005 Harley Davidson FX, FL, and XL motorcycles to their U.S. certified 
counterparts, and found the vehicles to be substantially similar with 
respect to compliance with most FMVSS.
    WETL submitted information with its petition intended to 
demonstrate that non-U.S. certified 2005 Harley Davidson FX, FL, and XL 
motorcycles, as originally manufactured, conform to many FMVSS 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 2005 
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.
    The petitioner states that the vehicles also conform to the Vehicle 
Identification Number Requirements Standard found in 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: inspection of all vehicles and replacement of the following 
with U.S.-model components on vehicles not already so equipped: (a) 
Headlamps; (b) tail lamps; and (c) front and rear turn signal lamps.
    Standard No. 120 Tire Selection and Rims for Vehicles other than 
Passenger Cars: (a) Installation of a tire information placard; (b) 
inspection of all vehicles to ensure compliance with rim marking 
requirements, and replacement of rims that are not properly marked.
    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 motorcycle 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.

Claude H. Harris,
Director, Office of Vehicle, Safety Compliance.
[FR Doc. 05-15478 Filed 8-4-05; 8:45 am]
BILLING CODE 4910-59-P