KBC America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 32817-32818 [2014-13184]
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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0145; Notice 1]
KBC America, Inc., Receipt of Petition
for Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of Petition.
AGENCY:
KBC America, Inc. ‘‘KBCA’’
has determined that certain motorcycle
helmets manufactured by KBC
Corporation for Harley-Davidson as
Harley-Davidson brand helmets do not
fully comply with paragraph S4 of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 218, Motorcycle Helmets.
KBCA has filed an appropriate report
dated December 12, 2013, pursuant to
49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
SUMMARY:
The closing date for comments
on the petition is July 7, 2014.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited at the beginning of
this notice and be submitted by any of
the following methods:
• Mail: Send comments by mail
addressed to: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Deliver: Deliver comments by
hand to: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
• Electronically: Submit comments
electronically by: Logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to (202)
493–2251.
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
wreier-aviles on DSK5TPTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
13:59 Jun 05, 2014
Jkt 232001
confirmation that your comments were
received, please enclose a stamped, selfaddressed postcard with the comments.
Note that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Documents submitted to a docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the Internet at
https://www.regulations.gov by following
the online instructions for accessing the
dockets. DOT’s complete Privacy Act
Statement is available for review in the
Federal Register published on April 11,
2000, (65 FR 19477–78).
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated below will be filed and will be
considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the extent possible.
When the petition is granted or denied,
notice of the decision will be published
in the Federal Register pursuant to the
authority indicated below.
SUPPLEMENTARY INFORMATION:
I. KBCA’s Petition
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), KBCA submitted a
petition for an exemption from the
notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that
this noncompliance is inconsequential
to motor vehicle safety.
This notice of receipt of KBCA’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
II. Helmets Involved
Affected are approximately 566 Jet
model helmets that KBC Corporation
manufactured in December 2012 for
Harley Davidson, who in turn marketed
these helmets under its own brand by
the model name ‘‘Black Label Retro 3⁄4.’’
III. Noncompliance
KBCA explains that the subject
helmets fail to fully comply with the
requirements of S5.6.1(e) of FMVSS No.
218 that was in effect on the date of
manufacture of these helmets because
the goggle strap holders on the rear of
the helmets obscure the DOT
certification label from view.
IV. Rule Text
Paragraph S5.6.1(e) of FMVSS No. 218
requires in pertinent part:
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
32817
S5.6.1 Each helmet shall be labeled
permanently and legibly, in a manner such
that the label(s) can be read easily without
removing padding or any other permanent
part, with the following: * * *
(e) The symbol DOT, constituting the
manufacturer’s certification that the helmet
conforms to the applicable Federal motor
vehicle safety standards. This symbol shall
appear on the outer surface, in a color that
contrasts with the background, in letters at
least 3/8 inch (1 cm) high, centered laterally
with the horizontal centerline of the symbol
located a minimum of 1 1/8 inches (2.9 cm)
and a maximum of 1 3/8 inches (3.5 cm) from
the bottom edge of the posterior portion of
the helmet.
V. Summary of KBCA’s Analyses
KBCA stated its belief that the subject
noncompliance is inconsequential to
motor vehicle safety for the following
reasons:
1. KBCA believes that the subject
helmets comply with the performance
requirements of FMVSS No. 218 and
that neither the presence of the strap
holder nor the fact that it can obscure
the DOT label affects the helmet’s
ability to protect the wearer in the event
of a crash.
2. KBCA states that other than the
subject noncompliance the DOT label
on the subject helmets comply with the
requirements of FMVSS No. 218.
3. KBCA also believes that while the
DOT label is not visible when the strap
holder is fastened, a user can easily
view the label by unfastening the strap
holder to confirm that the helmet has
been certified and thus complies with
the requirements set forth in FMVSS
No. 218.
4. KBCA further believes that if their
company were required to do a recall of
the subject helmets, it would be likely
that a very low percentage of helmets
would be returned, if any, and that in
doing so would leave the owners
without a helmet while the subject
helmets are retrofitted with a new label.
5. KBCA expressed its belief that in
similar situations NHTSA has granted
petitions for inconsequential
noncompliance regarding other
products that have incorrect or missing
label information required by other
FMVSS’s.
KBCA has additionally informed
NHTSA that it no longer manufactures
the subject helmets.
In summation, KBCA believes that the
described noncompliance of the subject
helmets is inconsequential to motor
vehicle safety, and that its petition, to
exempt KBCA from providing recall
notification of noncompliance as
required by 49 U.S.C. 30118 and
remedying the recall noncompliance as
required by 49 U.S.C. 30120 should be
granted.
E:\FR\FM\06JNN1.SGM
06JNN1
32818
Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Notices
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject helmets that KBCA no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on this petition does not
relieve distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant helmets under their
control after KBCA notified them that
the subject noncompliance existed.
Authority: (49 U.S.C. 30118, 30120:
Delegations of authority at 49 CFR 1.95 and
501.8)
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014–13184 Filed 6–5–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0102; Notice 2]
Morgan 3 Wheeler Limited, Grant of
Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of Petition.
AGENCY:
Morgan 3 Wheeler Limited
(Morgan) 1 has determined that certain
model year (MY) 2012 and 2013 Morgan
model M3W three-wheeled motorcycles,
do not fully comply with paragraph S6
of Federal Motor Vehicle Safety
Standard (FMVSS) No. 205, Glazing
Materials. Morgan has filed an
appropriate report dated August 6, 2013,
pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
ADDRESSES: For further information on
this decision contact Luis Figueroa,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5298, facsimile (202) 366–
5930.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
SUMMARY:
1 Morgan 3 Wheeler Limited is an English
corporation that manufactures motor vehicles.
VerDate Mar<15>2010
13:59 Jun 05, 2014
Jkt 232001
SUPPLEMENTARY INFORMATION:
I. Morgan’s Petition
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), Morgan submitted a
petition for an exemption from the
notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that
this noncompliance is inconsequential
to motor vehicle safety.
Notice of receipt of the August 15,
2013, petition was published, with a 30day public comment period, on January
14, 2014, in the Federal Register (79 FR
2507). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System (FDMS) Web site
at: https://www.regulations.gov/. Then
follow the online search instructions to
locate docket number ‘‘NHTSA–2013–
0102.’’
II. Vehicles Involved
Affected are approximately 139 MY
2012 and 2013 Morgan model M3W
three-wheeled motorcycles
manufactured during the period August
1, 2012 to August 14, 2013.
III. Noncompliance
Morgan explains that the
noncompliance is that the wind
deflectors on the vehicles do not have
the markings required by FMVSS No.
205.
IV. Rule Text
Paragraph S6 of FMVSS No. 205
requires in pertinent part:
S6.1 A prime glazing material
manufacturer must certify, in accordance
with 49 U.S.C. 30115, each piece of glazing
material to which this standard applies that
is designed—
(a) As a component of any specific motor
vehicle or camper; or
(b) To be cut into components for use in
motor vehicles or items of motor vehicle
equipment.
S6.2 A prime glazing manufacturer certifies
its glazing by adding to the marks required
by section 7 of ANSI/SAE Z26.1–1996, in
letters and numerals of the same size, the
symbol ‘‘DOT’’ and a manufacturer’s code
mark that NHTSA assigns to the
manufacturer. NHTSA will assign a code
mark to a manufacturer after the
manufacturer submits a written request to the
Office of Vehicle Safety Compliance,
National Highway Traffic Safety
Administration, 400 Seventh Street, SW.,
Washington, DC 20590. The request must
include the company name, address, and a
statement from the manufacturer certifying
its status as a prime glazing manufacturer as
defined in S4.
S6.3 A manufacturer or distributor who
cuts a section of glazing material to which
this standard applies, for use in a motor
vehicle or camper, must—
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
(a) Mark that material in accordance with
section 7 of ANSI/SAE Z26.1–1996; and
(b) Certify that its product complies with
this standard in accordance with 49 U.S.C.
30115.
V. Summary of Morgan’s Analyses
Morgan stated its belief that the
subject noncompliance is
inconsequential to motor vehicle safety
for the following reasons:
a. The wind deflector fitted in the
M3W uses glazing that conforms to item
6 ANSI 226.1–1996-windshields for
motorcycles. It is so small (its
dimensions are 1O’’x5’’) that it is not
requisite for driving visibility.
b. Morgan owners will go to Morgan
dealers for replacement of the wind
deflector.
c. The noncompliance is not likely to
increase the safety risk to individual
occupants who experience the type of
injurious event against which the
standard was designed to protect.
d. There have been no reports of any
safety issues. Both in the U.S. and the
rest of the world, Morgan knows of no
injuries caused by the noncompliance.
e. The subject noncompliance here is
inconsequential in view of the nature of
the vehicle in question because Morgan
possesses attributes enumerated in
several previous NHTSA
inconsequential noncompliance
determinations that it believes can be
applied to a decision on its petition. See
Morgan’s petition for a complete
discussion of its reasoning.
Morgan additionally stated that it
shall, as regards ongoing production,
mark the wind deflector to comply with
the FMVSS No. 205 requirements.
In summation, Morgan believes that
the described noncompliance of the
subject vehicles is inconsequential to
motor vehicle safety, and that its
petition, to exempt from providing
recall notification of noncompliance as
required by 49 U.S.C. 30118 and
remedying the recall noncompliance as
required by 49 U.S.C. 30120 should be
granted.
VI. NHTSA Decision
FMVSS No. 205 specifies labeling and
performance requirements for
automotive glazing. Section S6 of
FMVSS No. 205 requires glazing
material manufacturers to certify, in
accordance with 49 U.S.C. 30115, each
piece of glazing material to which this
standard applies. A prime glazing
material manufacturer certifies its
glazing by adding the marks required in
Section 7 of ANSI Z26.1 (1996), the
symbol ‘‘DOT’’ and a manufacturer’s
code mark assigned by the NHTSA’s
Office of Vehicle Safety Compliance.
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32817-32818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13184]
[[Page 32817]]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0145; Notice 1]
KBC America, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of Petition.
-----------------------------------------------------------------------
SUMMARY: KBC America, Inc. ``KBCA'' has determined that certain
motorcycle helmets manufactured by KBC Corporation for Harley-Davidson
as Harley-Davidson brand helmets do not fully comply with paragraph S4
of Federal Motor Vehicle Safety Standard (FMVSS) No. 218, Motorcycle
Helmets. KBCA has filed an appropriate report dated December 12, 2013,
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility
and Reports.
DATES: The closing date for comments on the petition is July 7, 2014.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
Mail: Send comments by mail addressed to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to (202) 493-2251.
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 https://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at https://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
SUPPLEMENTARY INFORMATION:
I. KBCA's Petition
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), KBCA submitted a petition for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
This notice of receipt of KBCA's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
II. Helmets Involved
Affected are approximately 566 Jet model helmets that KBC
Corporation manufactured in December 2012 for Harley Davidson, who in
turn marketed these helmets under its own brand by the model name
``Black Label Retro \3/4\.''
III. Noncompliance
KBCA explains that the subject helmets fail to fully comply with
the requirements of S5.6.1(e) of FMVSS No. 218 that was in effect on
the date of manufacture of these helmets because the goggle strap
holders on the rear of the helmets obscure the DOT certification label
from view.
IV. Rule Text
Paragraph S5.6.1(e) of FMVSS No. 218 requires in pertinent part:
S5.6.1 Each helmet shall be labeled permanently and legibly, in
a manner such that the label(s) can be read easily without removing
padding or any other permanent part, with the following: * * *
(e) The symbol DOT, constituting the manufacturer's
certification that the helmet conforms to the applicable Federal
motor vehicle safety standards. This symbol shall appear on the
outer surface, in a color that contrasts with the background, in
letters at least 3/8 inch (1 cm) high, centered laterally with the
horizontal centerline of the symbol located a minimum of 1 1/8
inches (2.9 cm) and a maximum of 1 3/8 inches (3.5 cm) from the
bottom edge of the posterior portion of the helmet.
V. Summary of KBCA's Analyses
KBCA stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
1. KBCA believes that the subject helmets comply with the
performance requirements of FMVSS No. 218 and that neither the presence
of the strap holder nor the fact that it can obscure the DOT label
affects the helmet's ability to protect the wearer in the event of a
crash.
2. KBCA states that other than the subject noncompliance the DOT
label on the subject helmets comply with the requirements of FMVSS No.
218.
3. KBCA also believes that while the DOT label is not visible when
the strap holder is fastened, a user can easily view the label by
unfastening the strap holder to confirm that the helmet has been
certified and thus complies with the requirements set forth in FMVSS
No. 218.
4. KBCA further believes that if their company were required to do
a recall of the subject helmets, it would be likely that a very low
percentage of helmets would be returned, if any, and that in doing so
would leave the owners without a helmet while the subject helmets are
retrofitted with a new label.
5. KBCA expressed its belief that in similar situations NHTSA has
granted petitions for inconsequential noncompliance regarding other
products that have incorrect or missing label information required by
other FMVSS's.
KBCA has additionally informed NHTSA that it no longer manufactures
the subject helmets.
In summation, KBCA believes that the described noncompliance of the
subject helmets is inconsequential to motor vehicle safety, and that
its petition, to exempt KBCA from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
[[Page 32818]]
NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject helmets that KBCA no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve distributors
and dealers of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce of
the noncompliant helmets under their control after KBCA notified them
that the subject noncompliance existed.
Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-13184 Filed 6-5-14; 8:45 am]
BILLING CODE 4910-59-P