Kawasaki Motors Corp., U.S.A. Receipt of Petition for Decision of Inconsequential Noncompliance, 21787-21790 [2021-08451]
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Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
The wiper system functionality on the
vehicles that are the subject of this
petition is such that wiper frequency
does not decrease during vehicle
deceleration to 0 mph. Therefore, the
slight or marginal noncompliance does
not exist during vehicle deceleration,
including the small period of time when
the vehicle is coming to rest, e.g.,
approaching a stoplight. In those
circumstances, there could be a vehicle
already at the stoplight or a pedestrian
in the crosswalk. In these instances, the
vehicles that are the subject of this
petition are fully compliant. BMW
contends that the affected vehicles
comply with all other applicable
provisions of FMVSS No. 104. BMW
says that the wiper system is compliant
in the vast majority of driving
situations/modes, especially when
wipers are needed most, i.e., while
driving when the wipers are selected by
the driver to be in either ‘‘High’’ or
‘‘Low’’ setting/mode. Any potential noncompliance only occurs when the
vehicle is at rest, or in the very brief
time period when accelerating from 0
mph to 2.5 mph.
7. SAE J903 (Passenger Car
Windshield Wiper Systems):
BMW says that it has reviewed the
most recent release of SAE J903 and that
it would appear that based upon a
review of ‘‘currently available
engineering data’’ by the technical
expert group responsible for ongoing
releases of SAE J903, that the currentlyaccepted minimum performance
requirement is 10 cycles/min. As noted
in its petition, under certain limited
circumstances BMW’s wiper system
frequencies (cycles/min) are at
approximately 41 or 42 instead of 45, or
at 19.8 instead of 20 and, in all of these
conditions, all frequencies are wellabove a wiper frequency rate of 10
cycles/min. Therefore, it would appear,
according to the current version of SAE
J903 that these wiper frequency rates are
also safe.
8. Field Experience:
BMW affirms that they have not
received any complaints from vehicle
owners and are not aware of any
accidents or injuries that have occurred
as a result of this issue. Toyota is not
aware of any accidents or injuries and
has no field reports or claims relating to
this issue in Supra vehicles.
9. Vehicle Production:
BMW says that vehicle production
has been corrected to conform to
FMVSS No. 104 Sections 4.1.1.2 and
4.1.1.3.
BMW concludes that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety and that
its petition to be exempted from
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18:15 Apr 22, 2021
Jkt 253001
providing notification of the
noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
On February 23, 2021, BMW
submitted a supplement to its petition
pertaining to a study created and
conducted by BMW’s Human-Factor’s
group in conjunction with the technical
development group responsible for
wiper systems. BMW states that the
objective of this study was to evaluate
two different wiping speeds (41 rmp
and 45 rpm) in two identical vehicles
and their influence on the
recognizability and legibility of traffic
signs using an experimental setup.
During the standardized test, a rain
simulation was used to create
comparable visibility conditions. The
participants had to read out different
traffic signs to an experimenter and
evaluate their recognizability while
sitting in the vehicle with the wipers on.
Steady rain conditions were simulated
by applying water to the windshield.
BMW contends that there was no
statistically significant difference in the
self-reported difficulty of reading the
traffic signs, and there was no difference
in the recognition rate of the signs (i.e.,
speed limits and additional texts). There
was also no difference in the satisfaction
with the wiping performance.
BMW’s complete petition and all
supporting documents, including details
of the study conducted by BMW, are
available by logging onto the Federal
Docket Management System (FDMS)
website at: https://www.regulations.gov
and by following the online search
instructions to locate the docket number
as listed in the title of this notice.
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 vehicles that BMW 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 BMW notified them that
the subject noncompliance existed.
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21787
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021–08450 Filed 4–22–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0118; Notice 1]
Kawasaki Motors Corp., U.S.A. Receipt
of Petition for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Kawasaki Motors Corp.,
U.S.A. (KMC), has determined that
certain model year (MY) 2020–
2012;2021 Kawasaki ZR900F and
ZRT00K motorcycles do not fully
comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 123,
Motorcycle Controls and Displays. KMC
filed a noncompliance report dated
November 16, 2020. KMC
simultaneously petitioned NHTSA on
November 16, 2020, for a decision that
the subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of KMC’s petition.
DATES: Send comments on or before
May 24, 2021.
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 in the title of this
notice and submitted by any of the
following methods:
• Mail: Send comments by mail
addressed to the 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 Delivery: Deliver comments
by hand to the 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 for Federal
holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website at https://
SUMMARY:
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21788
Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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 comments you have
submitted by mail 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.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the internet at https://
VerDate Sep<11>2014
18:15 Apr 22, 2021
Jkt 253001
www.regulations.gov by following the
online instructions for accessing the
docket. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000 (65 FR 19477–2012;78).
FOR FURTHER INFORMATION CONTACT:
Frederick Smith, Compliance Engineer,
NHTSA, Office of Vehicle Safety
Compliance, (202) 366–7407.
SUPPLEMENTARY INFORMATION:
I. Overview: KMC has determined that
certain MY 2020–2012;2021 Kawasaki
ZR900F and ZRT00K motorcycles do
not fully comply with the requirements
of paragraph S5.2.3(b) of FMVSS No.
123, Motorcycle Controls and Displays
(49 CFR 571.123). KMC filed a
noncompliance report dated November
16, 2020, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. KMC
simultaneously petitioned NHTSA on
November 16, 2020, for an exemption
from the notification and remedy
requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is
inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential
Defect or Noncompliance.
This notice of receipt of KMC’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any Agency decision or other exercise of
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Fmt 4703
Sfmt 4703
judgment concerning the merits of the
petition.
II. Vehicles Involved: Approximately
2,302 MY 2020–2012;2021 Kawasaki
ZR900F and ZRT00K motorcycles,
manufactured between December 4,
2019, and November 2, 2020, are
potentially involved.
III. Noncompliance: KMC explains
that the noncompliance is that the
subject motorcycles are equipped with
ignition switches that use the ISO
identification symbol to identify the off
position instead of the word ‘‘Off’’ as
specified in paragraph S5.2.3(b) of
FMVSS No. 123.
IV. Rule Requirements: Paragraph
5.2.3(b) of FMVSS No. 123 includes the
requirements relevant to this petition. If
an item of equipment listed in Table 3,
Colum 1 of FMVSS No. 123 is provided,
the item and its operational function
shall be identified by (b) Wording
shown in both Column 2 and Column 4.
In this case, Table 3, No. 1, shows the
Control and Display Identification Word
‘‘Ignition’’ and the Identification at
Appropriate Position of Control and
Display as ‘‘Off’’.
V. Summary of KMC’s Petition: The
following views and arguments
presented in this section, ‘‘V. Summary
of KMC’s Petition,’’ are the views and
arguments provided by KMC. They have
not been evaluated by the Agency and
do not reflect the views of the Agency.
KMC describes the subject
noncompliance and contends that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
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21789
Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / Notices
In support of its petition, KMC submitted the following reasoning:
1. KMC states that the subject motorcycles are equipped with an ignition switch located in a
pod positioned immediately in front of the operator, just ahead of the fuel filler opening
on the top of the fuel tank. The switch is operated by an ignition key and has three
positions, sequentially in a clockwise direction:
locked in position when parked;
where the motorcycle's front wheel is
A where the ignition is disabled; and O
where the
ignition is enabled. These ignition switch positions are labeled on a plastic cover that
surrounds the ignition switch. Unlike standard automotive practice, KMC asserts, the
ignition switch does not operate the starter motor-the starter button is located on the
handlebar. Starting the motorcycle involves insertion of the key into the switch and
turning the ignition to the "on" position, then operating the separate starter button. An
operator would not be able to start the engine inadvertently by using only the ignition
switch. The owner's manual that accompanies these motorcycles instruct the operator to
"tum the ignition key to~ in order to stop the engine. The motorcycle's engine can
also be turned off by using the engine's stop switch on the handlebar.
2. KMC claims that no safety consequences are attached to the omission of the "Off'
identification for the ignition. Operators are familiar with the function and location of the
ignition switch as well as the use of the ignition key to operate the switch. The location
of the engine's stop switch, in combination with the frequently used engine start switch,
means that the operator is quite familiar with the engine stop switch and its location.
KMC concludes that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety, and that
VerDate Sep<11>2014
18:15 Apr 22, 2021
Jkt 253001
its petition to be exempted from
providing notification of the
noncompliance, as required by 49
PO 00000
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Fmt 4703
Sfmt 4703
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
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EN23AP21.097</GPH>
identification for the ignition.
EN23AP21.096</GPH>
khammond on DSKJM1Z7X2PROD with NOTICES
Therefore, the operator experiences no adverse consequences from the lack of an "Off'
21790
Federal Register / Vol. 86, No. 77 / Friday, April 23, 2021 / 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 motorcycles that KMC 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 motorcycles under
their control after KMC 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.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021–08451 Filed 4–22–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0121; Notice 1]
FCA US LLC, Receipt of Petition for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
FCA US LLC (f/k/a Chrysler
Group LLC) (‘‘FCA US’’) has determined
that certain model year (MY) 2017–2020
Dodge Charger Pursuit motor vehicles
with Officer Protection Package (‘‘OPP’’)
modules do not fully comply with
Federal Motor Vehicle Safety Standard
(FMVSS) No. 102, Transmission Shift
Position Sequence, Starter Interlock,
and Transmission Braking Effect and
FMVSS No. 118, Power-Operated
Window, Partition, and Roof Panel
Systems. FCA US filed a noncompliance
report dated November 13, 2020, and
subsequently petitioned NHTSA on
December 4, 2020, for a decision that
the subject noncompliance is
inconsequential as it relates to motor
vehicle safety. This notice announces
receipt of FCA US’s petition.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:15 Apr 22, 2021
Jkt 253001
Send comments on or before
May 24, 2021.
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 in the title of this
notice and submitted by any of the
following methods:
• Mail: Send comments by mail
addressed to the 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 Delivery: Deliver comments
by hand to the 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 for Federal
holidays.
• Electronically: Submit comments
electronically by logging onto the
Federal Docket Management System
(FDMS) website 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 comments you have
submitted by mail 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.
All comments and supporting
materials received before the close of
business on the closing date indicated
above will be filed in the docket and
will be considered. All comments and
supporting materials received after the
closing date will also be filed and will
be considered to the fullest extent
possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All comments, background
documentation, and supporting
materials submitted to the docket may
be viewed by anyone at the address and
times given above. The documents may
also be viewed on the internet at https://
DATES:
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
www.regulations.gov by following the
online instructions for accessing the
docket. The docket ID number for this
petition is shown in the heading of this
notice.
DOT’s complete Privacy Act
Statement is available for review in a
Federal Register notice published on
April 11, 2000 (65 FR 19477–78).
FOR FURTHER INFORMATION CONTACT:
Frederick Smith, Compliance Engineer,
NHTSA, Office of Vehicle Safety
Compliance, (202) 366–7487 or Ahmad
Barnes, Compliance Engineer, NHTSA,
Office of Vehicle Safety Compliance,
(202) 366–7236.
SUPPLEMENTARY INFORMATION:
I. Overview: FCA US has determined
that certain MY 2017–2020 Dodge
Charger Pursuit motor vehicles with
OPP modules do not fully comply with
the requirements of paragraph S3.1.4.1
of FMVSS No. 102, Transmission Shift
Position Sequence, Starter Interlock,
and Transmission Braking Effect (49
CFR 571.102) and paragraph S5.1 of
FMVSS No. 118, Power-Operated
Window, Partition, and Roof Panel
Systems (49 CFR 571.118). FCA US filed
a noncompliance report dated
November 13, 2020, pursuant to 49 CFR
part 573, Defect and Noncompliance
Responsibility and Reports. FCA US
subsequently petitioned NHTSA on
December 4, 2020, for an exemption
from the notification and remedy
requirements of 49 U.S.C. Chapter 301
on the basis that this noncompliance is
inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C.
30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential
Defect or Noncompliance.
This notice of receipt of FCA US’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: Approximately
27,593 MY 2017–2020 Dodge Charger
Pursuit motor vehicles with OPP
modules, manufactured between
October 17, 2016, and October 30, 2020,
are potentially involved.
III. Noncompliance: FCA US explains
that the noncompliance is occurs when
the OPP module is in Surveillance
Mode, the subject vehicles’ PRNDL
display will indicate the vehicle is in
the REVERSE ‘‘R’’ position while the
transmission is actually in the PARK
‘‘P’’ position and, therefore, do not fully
meet the requirements specified in
paragraph S3.1.4.1 of FMVSS No. 102.
Additionally, when Surveillance Mode
is activated, the driver and passenger
power-operated windows in the subject
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]]>Agencies
[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21787-21790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08451]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2020-0118; Notice 1]
Kawasaki Motors Corp., U.S.A. Receipt of Petition for Decision of
Inconsequential Noncompliance
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
-----------------------------------------------------------------------
SUMMARY: Kawasaki Motors Corp., U.S.A. (KMC), has determined that
certain model year (MY) 2020-2012;2021 Kawasaki ZR900F and ZRT00K
motorcycles do not fully comply with Federal Motor Vehicle Safety
Standard (FMVSS) No. 123, Motorcycle Controls and Displays. KMC filed a
noncompliance report dated November 16, 2020. KMC simultaneously
petitioned NHTSA on November 16, 2020, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This notice announces receipt of KMC's petition.
DATES: Send comments on or before May 24, 2021.
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 in the title of this notice and
submitted by any of the following methods:
Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://
[[Page 21788]]
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 comments you have submitted by mail 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.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the 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 docket. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-
2012;78).
FOR FURTHER INFORMATION CONTACT: Frederick Smith, Compliance Engineer,
NHTSA, Office of Vehicle Safety Compliance, (202) 366-7407.
SUPPLEMENTARY INFORMATION:
I. Overview: KMC has determined that certain MY 2020-2012;2021
Kawasaki ZR900F and ZRT00K motorcycles do not fully comply with the
requirements of paragraph S5.2.3(b) of FMVSS No. 123, Motorcycle
Controls and Displays (49 CFR 571.123). KMC filed a noncompliance
report dated November 16, 2020, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. KMC simultaneously petitioned
NHTSA on November 16, 2020, for an exemption from the notification and
remedy requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
This notice of receipt of KMC'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: Approximately 2,302 MY 2020-2012;2021
Kawasaki ZR900F and ZRT00K motorcycles, manufactured between December
4, 2019, and November 2, 2020, are potentially involved.
III. Noncompliance: KMC explains that the noncompliance is that the
subject motorcycles are equipped with ignition switches that use the
ISO identification symbol to identify the off position instead of the
word ``Off'' as specified in paragraph S5.2.3(b) of FMVSS No. 123.
IV. Rule Requirements: Paragraph 5.2.3(b) of FMVSS No. 123 includes
the requirements relevant to this petition. If an item of equipment
listed in Table 3, Colum 1 of FMVSS No. 123 is provided, the item and
its operational function shall be identified by (b) Wording shown in
both Column 2 and Column 4. In this case, Table 3, No. 1, shows the
Control and Display Identification Word ``Ignition'' and the
Identification at Appropriate Position of Control and Display as
``Off''.
V. Summary of KMC's Petition: The following views and arguments
presented in this section, ``V. Summary of KMC's Petition,'' are the
views and arguments provided by KMC. They have not been evaluated by
the Agency and do not reflect the views of the Agency. KMC describes
the subject noncompliance and contends that the noncompliance is
inconsequential as it relates to motor vehicle safety.
[[Page 21789]]
[GRAPHIC] [TIFF OMITTED] TN23AP21.096
[GRAPHIC] [TIFF OMITTED] TN23AP21.097
KMC concludes that the subject noncompliance is inconsequential as
it relates to motor vehicle safety, and that its petition to be
exempted from providing notification of the noncompliance, as required
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by
49 U.S.C. 30120, should be granted.
[[Page 21790]]
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 KMC 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 motorcycles under their control after KMC
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.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-08451 Filed 4-22-21; 8:45 am]
BILLING CODE 4910-59-P
