Morgan 3 Wheeler Limited, Grant of Petition for Decision of Inconsequential Noncompliance, 32818-32819 [2014-13194]

Download as PDF 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 wreier-aviles on DSK5TPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Notices Section 7 of ANSI Z26.1 (1996) requires manufacturers to mark automotive glazing with the item of glazing number, e.g., ‘‘AS–1’’. Section 7 of ANSI Z26.1 (1996) states that the item of glazing number is to be placed in close proximity to other required markings. According to the petition, the nature of the noncompliance is the lack of markings as required in FMVSS No. 205 and ANSI Z26.1 (1996). NHTSA has reviewed Morgan’s petition and for the reasons listed below, believes that in this case the noncompliance is inconsequential to vehicle safety. There are two issues that are being addressed by the labeling and marking requirements of FMVSS No. 205. One is certification and the other is information on the glazing manufacturer and item of glazing. Morgan stated that the wind deflector meets the requirements of FMVSS No. 205 (except marking requirements) for item of glazing number 6 (AS–6). In this particular situation NHTSA will allow Morgan’s certification statement a surrogate for certification labeling. The information on the glazing manufacturer and item of glazing could be relevant during replacement of the wind deflector. The probability of obtaining unmarked glazing is nonexistent since spare glazing is to be obtained through Morgan’s dealers and the noncompliant population (139 items) is already mounted on the motorcycles and sold to customers. In addition, Morgan stated that the glazing manufacturer has taken steps to correct the problem that caused the noncompliance. In consideration of the foregoing, NHTSA has decided that Morgan has met its burden of persuasion that the FMVSS No. 205 noncompliance is inconsequential to motor vehicle safety. Accordingly, Morgan’s petition is hereby granted and Morgan is exempted from the obligation of providing notification of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118 and 30120. 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 allows 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, this decision only applies to the subject noncompliant vehicles that Morgan no longer controlled at the time it determined that the noncompliance VerDate Mar<15>2010 13:59 Jun 05, 2014 Jkt 232001 32819 existed. However, the granting of this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Morgan notified them that the subject noncompliance existed. 2014, as an individual whose property and interests in property are blocked pursuant to Executive Order 13628 of October 9, 2012, ‘‘Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Threat Reduction and Syria Human Rights Act of 2012 and Additional Sanctions With Respect to Iran.’’ Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8) DATES: Jeffrey M. Giuseppe, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–13194 Filed 6–5–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency [OCC Charter Number 705852] Sunshine State Federal Savings and Loan Association, Plant City, Florida; Approval of Conversion Application Notice is hereby given that on May 14, 2014, the Office of the Comptroller of the Currency (OCC) approved the application of Sunshine State Federal Savings and Loan Association, Plant City, Florida, to convert to the stock form of organization. Copies of the application are available for inspection on the OCC Web site at the FOIA reading room https://foia-pal.occ.gov/ palMain.aspx under Mutual to Stock Conversion Applications. If you have any questions, please contact OCC Licensing Activities at (202) 649–6260. Dated: May 14, 2014. By the Office of the Comptroller of the Currency. Stephen A. Lybarger, Deputy Comptroller for Licensing. [FR Doc. 2014–13109 Filed 6–5–14; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Designation of One (1) Individual Pursuant to Executive Order 13628 of October 9, 2012 Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The Treasury Department’s Office of Foreign Assets Control (‘‘OFAC’’) is publishing the name of one (1) individual designated on May 23, SUMMARY: PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 The designation by the Director of OFAC of the one (1) individual identified in this notice, pursuant to Executive Order 13628 of October 9, 2012, is effective May 23, 2014. FOR FURTHER INFORMATION CONTACT: Assistant Director, Sanctions Compliance and Evaluation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: 202/622–2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (www.treasury.gov/ofac) or via facsimile through a 24-hour fax-on demand service tel.: (202) 622–0077. Background On October 9, 2012, the President issued Executive Order 13628, ‘‘Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Threat Reduction and Syria Human Rights Act of 2012 and Additional Sanctions With Respect to Iran’’ (the ‘‘Order’’), pursuant to the International Emergency Economic Powers Act (50 U.S. C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Iran Sanctions Act of 1996 (Pub. L. 104–172) (50 U.S.C. 1701 note), as amended, the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Pub. L. 111– 195) (22 U.S.C. 8501 et seq.), as amended, the Iran Threat Reduction and Syria Human Rights Act of 2012 (Pub. L. 112–158) (22 U.S.C. 8701 et seq.), Section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and Section 301 of title 3, United States Code. Section 3 of the Order blocks, with certain exceptions, all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any United States person, of persons determined by the Secretary of the Treasury, in consultation with or at the recommendation of the Secretary of State, to satisfy certain criteria set forth in the Order. E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32818-32819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13194]


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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

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Grant of Petition.

-----------------------------------------------------------------------

SUMMARY: 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.
---------------------------------------------------------------------------

    \1\ Morgan 3 Wheeler Limited is an English corporation that 
manufactures motor vehicles.

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.

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 30-day 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--
    (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.

[[Page 32819]]

Section 7 of ANSI Z26.1 (1996) requires manufacturers to mark 
automotive glazing with the item of glazing number, e.g., ``AS-1''. 
Section 7 of ANSI Z26.1 (1996) states that the item of glazing number 
is to be placed in close proximity to other required markings.
    According to the petition, the nature of the noncompliance is the 
lack of markings as required in FMVSS No. 205 and ANSI Z26.1 (1996).
    NHTSA has reviewed Morgan's petition and for the reasons listed 
below, believes that in this case the noncompliance is inconsequential 
to vehicle safety.
    There are two issues that are being addressed by the labeling and 
marking requirements of FMVSS No. 205. One is certification and the 
other is information on the glazing manufacturer and item of glazing.
    Morgan stated that the wind deflector meets the requirements of 
FMVSS No. 205 (except marking requirements) for item of glazing number 
6 (AS-6). In this particular situation NHTSA will allow Morgan's 
certification statement a surrogate for certification labeling.
    The information on the glazing manufacturer and item of glazing 
could be relevant during replacement of the wind deflector. The 
probability of obtaining unmarked glazing is nonexistent since spare 
glazing is to be obtained through Morgan's dealers and the noncompliant 
population (139 items) is already mounted on the motorcycles and sold 
to customers.
    In addition, Morgan stated that the glazing manufacturer has taken 
steps to correct the problem that caused the noncompliance.
    In consideration of the foregoing, NHTSA has decided that Morgan 
has met its burden of persuasion that the FMVSS No. 205 noncompliance 
is inconsequential to motor vehicle safety. Accordingly, Morgan's 
petition is hereby granted and Morgan is exempted from the obligation 
of providing notification of, and a remedy for, the subject 
noncompliance under 49 U.S.C. 30118 and 30120.
    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 allows 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, 
this decision only applies to the subject noncompliant vehicles that 
Morgan no longer controlled at the time it determined that the 
noncompliance existed. However, the granting of this petition does not 
relieve vehicle distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant vehicles under their control 
after Morgan 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,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-13194 Filed 6-5-14; 8:45 am]
BILLING CODE 4910-59-P

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