97-3448. Notice of Receipt of Petition for Decision That Nonconforming 1972 Through 1997 Harley Davidson FX, FL, and XL Series Motorcycles Are Eligible for Importation  

  • [Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
    [Notices]
    [Pages 6612-6613]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-3448]
    
    
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    DEPARTMENT OF TRANSPORTATION
    [Docket No. 97-011; Notice 1]
    
    
    Notice of Receipt of Petition for Decision That Nonconforming 
    1972 Through 1997 Harley Davidson FX, FL, and XL Series Motorcycles Are 
    Eligible for Importation
    
    AGENCY: National Highway Traffic Safety Administration, DOT
    
    ACTION: Notice of receipt of petition.
    
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    SUMMARY: This notice announces receipt by the National Highway Traffic 
    Safety Administration (NHTSA) of a petition for a decision that 1972 
    through 1997 Harley Davidson FX, FL, and XL series motorcycles 
    manufactured for the European and other Foreign markets 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 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 March 14, 1997.
    
    ADDRESSES: Comments should refer to the docket number and notice 
    number, and be submitted to: Docket Section, Room 5109, National 
    Highway Traffic Safety Administration, 400 Seventh St., SW, Washington, 
    DC 20590. [Docket hours are from 9:30 am to 4 pm]
    
    FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
    Safety Compliance, NHTSA (202-366-5306).
    
    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.
        Wallace Environmental Testing Laboratories, Inc. of Houston, Texas 
    (``Wallace'') (Registered Importer 90-005) has petitioned NHTSA to 
    decide whether 1972 through 1997 Harley Davidson FX, FL, and XL series 
    motorcycles manufactured for the European and other foreign markets are 
    eligible for importation into the United States. The vehicles that 
    Wallace believes are substantially similar are the versions of the 1972 
    through 1997 Harley Davidson FX, FL, and XL series motorcycles 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 the non-U.S. 
    certified 1972 through 1997 Harley Davidson FX, FL, and XL series 
    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.
        Wallace submitted information with its petition intended to 
    demonstrate that the non-U.S. certified 1972 through 1997 Harley 
    Davidson FX, FL, and XL series 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 the 1972 through 1997 
    Harley Davidson FX, FL, and XL series 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, 
    120  Tire Selection and Rims for Vehicles other than Passenger Cars, 
    122  Motorcycle Brake Systems, and 205  Glazing Materials.
    
    [[Page 6613]]
    
        Additionally, Petitioner states that the non-U.S. certified 1972 
    through 1997 Harley Davidson FX, FL, and XL series motorcycles comply 
    with the vehicle identification number requirements of 49 CFR part 565, 
    and the tire identification and recordkeeping requirements of 49 CFR 
    574.
        Petitioner also contends that the non-U.S. certified 1972 through 
    1997 Harley Davidson FX, FL, and XL series motorcycles are capable of 
    being readily altered to meet the following standards, in the manner 
    indicated:
        Standard No. 108  Lamps, Reflective Devices and Associated 
    Equipment: installation of U.S.-model headlamp assembly, taillight 
    assembly, and reflectors.
        Standard No. 123  Motorcycle Controls and Displays: installation of 
    a U.S. model speedometer calibrated in miles per hour.
        Petitioner also states that a vehicle identification number plate 
    will be affixed to the vehicles to meet the requirements of 49 CFR part 
    565.
        Comments should refer to the docket number and be submitted to: 
    Docket Section, National Highway Traffic Safety Administration, Room 
    5109, 400 Seventh Street, S.W., 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 February 6, 1997.
    Marilynne Jacobs,
    Director, Office of Vehicle Safety Compliance.
    [FR Doc. 97-3448 Filed 2-11-97; 8:45 am]
    BILLING CODE 4910-59-P
    
    
    

Document Information

Published:
02/12/1997
Department:
Transportation Department
Entry Type:
Notice
Action:
Notice of receipt of petition.
Document Number:
97-3448
Dates:
The closing date for comments on the petition is March 14, 1997.
Pages:
6612-6613 (2 pages)
Docket Numbers:
Docket No. 97-011, Notice 1
PDF File:
97-3448.pdf