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###### Department of Transportation

###### National Highway Traffic Safety Administration

          - [Docket No. NHTSA-2009-0161]

# AGENCY:

National Highway Traffic Safety Administration, DOT

# ACTION:

Notice of receipt of petition for decision that nonconforming 2009 Harley Davidson FX, FL, XL and VR Series Motorcycles are eligible for importation.

# SUMMARY:

This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that 2009 Harley Davidson FX, FL, XL and VR Series 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 November 9, 2009.

# ADDRESSES:

Comments should refer to the docket and notice numbers above and be submitted by any of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          http://www.regulations.gov.                          Follow the online instructions for submitting comments.                    
      -  Mail: Docket Management Facility:                          U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.                    
      -  Hand Delivery or Courier:                          West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.                               ( print page 51944)      
      -  Fax:                          202-493-2251.                    

*Instructions:*                         Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to                         *http://www.regulations.gov*, including any personal information provided. Please see the Privacy Act heading below.                    

*Privacy Act:*                         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 (65 FR 19477-78).                    

*How to Read Comments Submitted to the Docket:*                         You may read the comments received by Docket Management at the address and times given above. You may also view the documents from the Internet at                         *http://www.regulations.gov.*                         Follow the online instructions for accessing the dockets. The docket ID number and title of this notice are shown at the heading of this document notice. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material.                    

# 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 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.**

J.K. Technologies, LLC, of Baltimore, Maryland (J.K.)(Registered Importer 90-006) has petitioned NHTSA to decide whether non-U.S. certified 2009 Harley Davidson FX, FL, XL and VR series motorcycles are eligible for importation into the United States. The vehicles that J.K. believes are substantially similar are 2009 Harley Davidson FX, FL, XL and VR series 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 2009 Harley Davidson FX, FL, XL and VR series motorcycles to their U.S. certified counterparts, and found the vehicles to be substantially similar with respect to compliance with most FMVSS.

J.K. submitted information with its petition intended to demonstrate that non-U.S. certified 2009 Harley Davidson FX, FL, XL and VR series 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 2009 Harley Davidson FX, FL, XL and VR 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,*                     123                     *Motorcycle Controls and Displays,*                     and 122                     *Motorcycle Brake Systems.*

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:*                     installation of the following U.S.-certified components on vehicles not already so equipped: (a) Headlamp; (b) front and rear side-mounted reflex reflectors; (c) rear-mounted reflex reflector; (d) rear turn signal lamps; (e) stoplamp; (f) taillamp; and (g) license plate lamp.                

                    Standard No. 120                     *Tire Selection and Rims for Vehicles other than Passenger Cars:*                     installation of a tire information placard.                

                    Standard No. 205                     *Glazing Materials:*                     inspection of all vehicles, and removal of noncompliant glazing or replacement of the glazing with U.S.-certified components on vehicles that are not already so equipped.                

                    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 addresses 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: October 5, 2009.

Claude H. Harris,

Director, Office of Vehicle Safety Compliance.

[FR Doc. E9-24330 Filed 10-7-09; 8:45 am]

BILLING CODE 4910-59-P