Harley-Davidson Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance, 69558-69559 [2014-27583]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 69558 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices no impact on the vehicle capacity weight, and therefore, there is no risk of vehicle overloading. 3. All information required for maintaining and/or replacing the front and rear tires is correct on the tire information placard of the subject vehicles. 4. All other applicable requirements of FMVSS No. 110 have been met. 5. GM is not aware of any customer complaints, incidents or injuries related to the incorrect seating capacity on the subject tire information placards. GM additionally informed NHTSA that it has corrected the noncompliance so that all future production vehicles will fully comply with FMVSS No. 110. In summation, GM believes that the described noncompliance of its 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: NHTSA has reviewed and accepts GM’s analyses that the subject noncompliance is inconsequential to motor vehicle safety. Specifically, while the tire and loading placards incorrectly indicate the number of seating positions, that labeling error alone poses little if any risk to motor vehicle safety since the number of seating positions is readily apparent in the subject vehicles. The widths and shapes of the seats, especially the bucket seats, along with the number of seat belt sets installed provides a sufficient indication as to the maximum number of occupants the subject vehicles are intended to carry. In consideration of the foregoing, NHTSA has decided that GM has met its burden of persuasion that the FMVSS No. 110 noncompliance is inconsequential to motor vehicle safety. Accordingly, GM’s petition is hereby granted and GM is exempted from the obligation of providing notification of, and a remedy for, that 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 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, this decision only applies to the 5,690 vehicles that GM no longer controlled at the time it determined that the noncompliance existed. However, the VerDate Sep<11>2014 18:00 Nov 20, 2014 Jkt 235001 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 tires under their control after GM 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. 2014–27584 Filed 11–20–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2014–0055; Notice 2] Harley-Davidson Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition. AGENCY: Harley-Davidson Motor Company, Inc. (Harley-Davidson) has determined that certain model year (MY) 2009–2014 Harley-Davidson FL Touring 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. ADDRESSES: For further information on this decision contact Mike Cole, Office of Vehicle Safety Compliance, the National Highway Traffic Safety Administration (NHTSA), telephone (202) 366–2334, facsimile (202) 366– 5930. 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. Notice of receipt of the petition was published, with a 30-day public comment period, on July 7, 2014 in the Federal Register (79 FR 38360). No SUMMARY: PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 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–2014– 0055.’’ II. Vehicles Involved: Affected are approximately 343,680 MY 2009–2014 Harley-Davidson FL Touring 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″ to 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 E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices NHTSA Decision: In consideration of the foregoing, NHTSA has decided that Harley-Davidson has met its burden of persuasion that the FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety. Accordingly, Harley-Davidson’s petition is hereby granted and Harley-Davidson is exempted from the obligation of providing notification of, and a remedy for, that 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 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, this decision only applies to the subject motorcycles that Harley-Davidson 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 motorcycles under their control after Harley-Davidson notified them that the subject noncompliance existed. NHTSA Decision NHTSA Analysis: NHTSA has reviewed and accepts Harley-Davidson’s analyses that the subject noncompliance is inconsequential to motor vehicle safety. The primary function of a reflex reflector is to reduce accidents by permitting early detection of an unlighted motor vehicle approaching an intersection or parked by the side of the road. NHTSA has concluded that the test data provided by Harley-Davidson relative to the photometric performance of the reflex reflectors as mounted on the subject motorcycles is sufficient justification for NHTSA to concur with Harley-Davidson’s assessment that the location of the rear reflex reflectors as mounted on the subject vehicles poses little if any risk to motor vehicle safety. mstockstill on DSK4VPTVN1PROD with NOTICES 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 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. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8). Application No. Docket No. Jeffrey M. Giuseppe, Acting Director, Office of Vehicle Safety Compliance. [FR Doc. 2014–27583 Filed 11–20–14; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 69559 List of Applications for Special Permits. ACTION: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passengercarrying aircraft. SUMMARY: Comments must be received on or before December 22, 2014. DATES: Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. ADDRESS COMMENTS TO: FOR FURTHER INFORMATION CONTACT: Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC or at https://regulations.gov. This notice of receipt of applications for special permit is published in accordance with part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(1)); 49 CFR 1.53(b)). Issued in Washington, DC, on November 13, 2014. Donald Burger, Chief, General Approvals and Permits. Office of Hazardous Materials Safety; Notice of Application For Special Permits Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. AGENCY: Applicant Regulation(s) affected Nature of special permits thereof New Special Permits 16267–N ........... VerDate Sep<11>2014 ........................ 18:00 Nov 20, 2014 Korean Air Los Angeles, CA. Jkt 235001 PO 00000 Frm 00139 49 CFR 172.101 Column (9B), 172.204(c)(3), 173.27, and 175.30 (a)(1). Fmt 4703 Sfmt 4703 To authorize the one-time transportation in commerce of certain explosives that are forbidden for transportation by cargo only aircraft. (mode 4). E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69558-69559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27583]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0055; Notice 2]


Harley-Davidson Motor Company, Inc., Grant of Petition for 
Decision of Inconsequential Noncompliance

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

ACTION: Grant of petition.

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

SUMMARY: Harley-Davidson Motor Company, Inc. (Harley-Davidson) has 
determined that certain model year (MY) 2009-2014 Harley-Davidson FL 
Touring 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.

ADDRESSES: For further information on this decision contact Mike Cole, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-2334, facsimile 
(202) 366-5930.

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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on July 7, 2014 in the Federal Register (79 FR 
38360). 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-2014-0055.''
    II. Vehicles Involved: Affected are approximately 343,680 MY 2009-
2014 Harley-Davidson FL Touring 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 to 
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

[[Page 69559]]

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 Decision
    NHTSA Analysis: NHTSA has reviewed and accepts Harley-Davidson's 
analyses that the subject noncompliance is inconsequential to motor 
vehicle safety.
    The primary function of a reflex reflector is to reduce accidents 
by permitting early detection of an unlighted motor vehicle approaching 
an intersection or parked by the side of the road. NHTSA has concluded 
that the test data provided by Harley-Davidson relative to the 
photometric performance of the reflex reflectors as mounted on the 
subject motorcycles is sufficient justification for NHTSA to concur 
with Harley-Davidson's assessment that the location of the rear reflex 
reflectors as mounted on the subject vehicles poses little if any risk 
to motor vehicle safety.
    NHTSA Decision: In consideration of the foregoing, NHTSA has 
decided that Harley-Davidson has met its burden of persuasion that the 
FMVSS No. 108 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Harley-Davidson's petition is hereby granted and Harley-
Davidson is exempted from the obligation of providing notification of, 
and a remedy for, that 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 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, this decision 
only applies to the subject motorcycles that Harley-Davidson 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 motorcycles 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. 2014-27583 Filed 11-20-14; 8:45 am]
BILLING CODE 4910-59-P

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