Harley-Davidson Motor Company, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 38360-38361 [2014-15797]
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38360
Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Notices
TPMS is 55.6-percent effective at
preventing severe underinflation as
defined in FMVSS No. 138. However,
effectiveness was substantially lower in
vehicles that were 6–7 years old at the
time of the survey. One explanation as
to why this is true was the possibility
that the drivers of these older vehicles
were not taking all the maintenance
actions (e.g., adding TPMS sensors to
new vehicle tires, replacing nonfunctioning sensors on current tires,
having the system properly re-set when
needed) that were needed in order to
insure that they had functioning TPMS.
Relevant data is needed to examine why
the effectiveness of TPMSs in older
vehicles is reduced and what can be
done to increase it.
Description of the Likely Respondents
(Including Estimated Number, and
Proposed Frequency of Response to the
Collection of Information): This
information collection will be
completed via three separate surveys:
Field Survey of Drivers and Vehicles.
A survey of convenience, conducted in
eight sites (two sites in each of 4
states—Colorado, Texas, Washington,
Virginia), will collect 7,000 inspections
of passenger vehicles of all model years
from 2004 through the latest model year,
as well as interviews of drivers of these
vehicles. Focus will be on assessing the
operating status of the TPMS in these
vehicles and interviewing driver with
and without operating TPMSs, regarding
their knowledge about and habits
related to the TPMS in their vehicle.
Data collection is expected to take place
over a six month period in the spring
and summer of 2015, mainly at gas
stations.
Suppliers Survey. Major suppliers of
TPMS sensors and systems will be
interviewed. Focus will be on TPMS
repair and maintenance issues, as well
as cost factors. Data collection is
expected to take place early 2015 via a
combination of telephone interviews,
email, mail, and fax.
Repair Facilities Survey. A sample of
500 repair/maintenance facilities (e.g.,
automobile dealerships, tire chain
stores, small service stations with
attached repair shops) will be selected
for a Computer-Assisted Telephone
Interview (CATI), with the option of
responding by mail, based upon the
respondent’s preference. Focus will be
on assessing the lifespan of TPMS,
common sources of TPMS malfunction,
typical costs to repair/replace
malfunctioning systems, and the factors
considered by customers when deciding
whether to repair or replace TPMSs that
are not working. Data collection is
expected to take place early 2015 mostly
via telephone interviews.
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15:59 Jul 03, 2014
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Estimate of the Total Annual
Reporting and Recordkeeping Burden
Resulting From the Collection of
Information: The total annual reporting
and recordkeeping burden resulting
from this collection of information is
estimated to be 1,565 hours, as outlined
below.
Field Survey of Drivers and Vehicles.
NHTSA estimates that the average time
to collect vehicle and driver data will be
slightly over 10 minutes for each
interview for the 7,000 survey
respondents. Some additional time will
be needed to conduct a pilot study and
to describe the study to drivers who do
not end up participating in the study.
Consequently, the total respondent
burden hours is estimated to be 1,365
hours. The respondents would not incur
any reporting or record keeping costs
from the information collection. For the
drivers survey, respondents will be
asked questions regarding their TPMSs,
and all responses will be provided
spontaneously. For the vehicle
inspection, data will be obtained via
observation.
Suppliers Survey. NHTSA estimates
that the average time to collect data on
the cost of TPMS parts and systems will
be slightly over 20 minutes for each
interview for the 45 respondents.
Consequently, the total respondent
burden hours is estimated to be 17
hours. The respondents would not incur
any reporting or record keeping costs
from the information collection.
Information is only requested about
records that the respondents already are
keeping for their own purposes.
Repair Facilities Survey. NHTSA
estimates that the average time to collect
data on the types and costs of repairing
TPMS will be slightly over 20 minutes
for each interview for the 500
respondents. Consequently, the total
respondent burden hours is estimated to
be 183 hours. The respondents would
not incur any reporting or record
keeping costs from the information
collection. Information is only requested
about records that the respondents
already are keeping for their own
purposes.
Authority: The Paperwork Reduction Act,
44 U.S.C. chap. 35, as amended; and 49 CFR
1.95.
Terry T. Shelton,
Associate Administrator, National Center for
Statistics and Analysis.
[FR Doc. 2014–15782 Filed 7–3–14; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2014–0055; Notice 1]
Harley-Davidson Motor Company, Inc.,
Receipt of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of Petition.
AGENCY:
Harley-Davidson Motor
Company, Inc. (Harley-Davidson) has
determined that certain model year
(MY) 2009–2014 Harley-Davidson FL
Touring family motorcycles do not fully
comply with paragraph S6.1.3 of
Federal Motor Vehicle Safety Standard
(FMVSS) No. 108, Lamps, reflective
devices, and associated equipment.
Harley-Davidson has filed an
appropriate report dated April 7, 2014,
pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports.
SUMMARY:
The closing date for comments
on the petition is August 6, 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
DATES:
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07JYN1
Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Notices
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. Harley-Davidson’s Petition
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), Harley-Davidson
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 HarleyDavidson’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.
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Vehicles Involved
Affected are approximately 343,680
MY 2009–2014 Harley-Davidson FL
Touring family motorcycles
manufactured between June 10, 2008
and March 25, 2014.
III. Noncompliance
Harley-Davidson explains that the
noncompliance is that the location of
the rear reflex reflectors on the subject
vehicles are mounted between an
average of 0.3’’ and 0.7’’ below the
required 15’’ height-above-road surface
as required by paragraph S6.1.3 of
FMVSS No. 108.
IV. Rule Text
Paragraph S6.1.3.1 of FMVSS No. 108
requires in pertinent part:
S6.1.3.1 Each lamp, reflective device, and
item of associated equipment must be
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15:59 Jul 03, 2014
Jkt 232001
securely mounted on a rigid part of the
vehicle, other than glazing, that is not
designed to be removed except for repair,
within the mounting location and height
limits as specified in Table I, and in a
location where it complies with all
applicable photometric requirements,
effective projected luminous lens area
requirements, and visibility requirements
with all obstructions considered.
V. Summary of Harley-Davidson’s
Analyses
Harley-Davidson stated its belief that
the subject noncompliance is
inconsequential to motor vehicle safety
for the following reasons:
• Harley-Davidson had a third-party
conduct testing on the subject
motorcycles and reflex reflectors and
they exhibited no reduction in
conspicuity as compared to compliant
vehicles. The independent company
tested five test heights, for a test range
of 11’’-15’’ height above-road surface,
and all five tests far exceeded the
minimum required values at each of the
10 test points specified in Table XVI.
Due to the substantial safety margin
designed into these reflex reflectors,
photometry remained well above the
minimums even when mounted a full
4’’ inches below the minimum
mounting height.
• Harley-Davidson believes that the
lower mounting height of these
reflectors may actually increase
conspicuity and motor vehicle safety
compared to fully compliant (higher
mounted) reflectors.
• Harley-Davidson notes that the
United Nations ECE regulations specify
a minimum mounting height of 9.84’’
(240mm). And further notes that in one
study of daytime side vehicle
conspicuity of motorcycles, NHTSA’s
researchers concluded that the
mounting height of the side reflex
reflectors (12 inches vs 15 inches) was
an ‘‘insignificant’’ factor for vehicle
identification distance.
• Harley-Davidson further states that
under FMVSS No. 108, tail lamps and
license plate lamps on motorcycles are
required to be illuminated whenever the
headlamp is activated. And that since
all Harley-Davidson models are
equipped with automatic headlights on
(AHO) functionality, the headlamps and
tail lamps are automatically illuminated
when the ignition is in the on position,
thus providing conspicuity during
daylight and darkness while the
motorcycle is operating.
Harley-Davidson also made reference
to a withdrawal of rulemaking regarding
a lower height for reflex reflectors.
Harley-Davidson has additionally
informed NHTSA that it has corrected
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38361
the noncompliance so that all future
production motorcycles will comply
with FMVSS No. 108.
In summation, Harley-Davidson
believes that the described
noncompliance of the subject vehicles is
inconsequential to motor vehicle safety,
and that its petition, to exempt HarleyDavidson 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.
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 motorcycles that HarleyDavidson no longer controlled at the
time it determined that the
noncompliance existed. However, any
decision on 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 Harley-Davidson 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. 2014–15797 Filed 7–3–14; 8:45 am]
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the 2014 Annual Report to Congress;
Advisory Committee: U.S.-China
Economic and Security Review
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Notice of open meetings to be
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Review and edit drafts of 2014 Annual
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SUMMARY:
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Agencies
[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Notices]
[Pages 38360-38361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15797]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0055; Notice 1]
Harley-Davidson Motor Company, 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: Harley-Davidson Motor Company, Inc. (Harley-Davidson) has
determined that certain model year (MY) 2009-2014 Harley-Davidson FL
Touring family motorcycles do not fully comply with paragraph S6.1.3 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps,
reflective devices, and associated equipment. Harley-Davidson has filed
an appropriate report dated April 7, 2014, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports.
DATES: The closing date for comments on the petition is August 6, 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
[[Page 38361]]
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. Harley-Davidson's Petition
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Harley-Davidson 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 Harley-Davidson'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. Vehicles Involved
Affected are approximately 343,680 MY 2009-2014 Harley-Davidson FL
Touring family motorcycles manufactured between June 10, 2008 and March
25, 2014.
III. Noncompliance
Harley-Davidson explains that the noncompliance is that the
location of the rear reflex reflectors on the subject vehicles are
mounted between an average of 0.3'' and 0.7'' below the required 15''
height-above-road surface as required by paragraph S6.1.3 of FMVSS No.
108.
IV. Rule Text
Paragraph S6.1.3.1 of FMVSS No. 108 requires in pertinent part:
S6.1.3.1 Each lamp, reflective device, and item of associated
equipment must be securely mounted on a rigid part of the vehicle,
other than glazing, that is not designed to be removed except for
repair, within the mounting location and height limits as specified
in Table I, and in a location where it complies with all applicable
photometric requirements, effective projected luminous lens area
requirements, and visibility requirements with all obstructions
considered.
V. Summary of Harley-Davidson's Analyses
Harley-Davidson stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
Harley-Davidson had a third-party conduct testing on the
subject motorcycles and reflex reflectors and they exhibited no
reduction in conspicuity as compared to compliant vehicles. The
independent company tested five test heights, for a test range of 11''-
15'' height above-road surface, and all five tests far exceeded the
minimum required values at each of the 10 test points specified in
Table XVI. Due to the substantial safety margin designed into these
reflex reflectors, photometry remained well above the minimums even
when mounted a full 4'' inches below the minimum mounting height.
Harley-Davidson believes that the lower mounting height of
these reflectors may actually increase conspicuity and motor vehicle
safety compared to fully compliant (higher mounted) reflectors.
Harley-Davidson notes that the United Nations ECE
regulations specify a minimum mounting height of 9.84'' (240mm). And
further notes that in one study of daytime side vehicle conspicuity of
motorcycles, NHTSA's researchers concluded that the mounting height of
the side reflex reflectors (12 inches vs 15 inches) was an
``insignificant'' factor for vehicle identification distance.
Harley-Davidson further states that under FMVSS No. 108,
tail lamps and license plate lamps on motorcycles are required to be
illuminated whenever the headlamp is activated. And that since all
Harley-Davidson models are equipped with automatic headlights on (AHO)
functionality, the headlamps and tail lamps are automatically
illuminated when the ignition is in the on position, thus providing
conspicuity during daylight and darkness while the motorcycle is
operating.
Harley-Davidson also made reference to a withdrawal of rulemaking
regarding a lower height for reflex reflectors.
Harley-Davidson has additionally informed NHTSA that it has
corrected the noncompliance so that all future production motorcycles
will comply with FMVSS No. 108.
In summation, Harley-Davidson believes that the described
noncompliance of the subject vehicles is inconsequential to motor
vehicle safety, and that its petition, to exempt Harley-Davidson 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.
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 motorcycles that Harley-
Davidson no longer controlled at the time it determined that the
noncompliance existed. However, any decision on 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 Harley-Davidson 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. 2014-15797 Filed 7-3-14; 8:45 am]
BILLING CODE 4910-59-P