82 FR 17074 - Harley-Davidson Motor Company, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 82, Issue 66 (April 7, 2017)
National Highway Traffic Safety Administration
Federal Register Volume 82, Issue 66 (April 7, 2017)
| Page Range | 17074-17075 | |
| FR Document | 2017-06958 |
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)] [Notices] [Pages 17074-17075] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06958] [[Page 17074]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2016-0128; 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) 2016-2017 Harley-Davidson XL 1200XC Roadster motorcycles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Harley-Davidson filed a noncompliance information report dated November 4, 2016. Harley-Davidson also petitioned NHTSA on November 28, 2016, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. DATES: The closing date for comments on the petition is May 8, 2017. 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 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 U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) Web site at https://www.regulations.gov/. Follow the online instructions for submitting comments. Comments may also be faxed to (202) 493-2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that 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 dockets. 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). SUPPLEMENTARY INFORMATION: I. Overview: Harley-Davidson Motor Company, Inc. (Harley-Davidson), has determined that certain model year (MY) 2016-2017 Harley-Davidson XL 1200XC Roadster motorcycles do not fully comply with paragraph S5.3.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds). Harley-Davidson filed a report dated November 4, 2016, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. Harley-Davidson also petitioned NHTSA on November 28, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, 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. 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: Approximately 2,352 MY 2016-2017 Harley- Davidson XL 1200XC Roadster motorcycles manufactured between March 8, 2016 and August 23, 2016 are potentially involved. III. Noncompliance: Harley-Davidson explains that the noncompliance is that the certification label on the subject vehicles incorrectly identifies the rear wheel rim size as 18 x 4.50 instead of 18 x 4.25, and therefore does not meet the requirements of paragraph S5.3.2 of FMVSS No. 120. IV. Rule Text: paragraph 5.3 of FMVSS No. 120 states: Each vehicle shall show the information specified in S5.3.1. and S5.3.2 . . . in the English language, lettered in block capitals and numerals not less than 2.4 millimeters high and in the format set forth following this paragraph. This information shall appear either: (a) After each GAWR listed on the certification label required by Sec. 567.4 or Sec. 567.5 of this chapter; or at the option of the manufacturer, (b) On the tire information label affixed to the vehicle in the manner, location, and form described in Sec. 567.4(b) through (f) of this chapter as appropriate of each GVWR-GAWR combination listed on the certification label. Paragraph S5.3.2 of FMVSS No. 120 states: S5.3.2 Rims. The size designation and, if applicable, the type designation of Rims (not necessarily those on the vehicle) appropriate for those tires. V. Summary of Harley-Davidson's Petition: Harley-Davidson described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Harley-Davidson submitted the following reasoning: 1. Harley-Davidson believes this labeling noncompliance is inconsequential to motor vehicle safety because consumers have the following sources to reliably identify the correct tire and rim combination: a. The correct tire size is listed on the sidewall of the tire originally installed on the rim; b. The correct tire, including tire size, is listed in the Owner's Manual; c. The correct wheel size is shown in the Original Equipment & Recommended Replacement Tires table in the Harley-Davidson Genuine Motor Parts and Accessories catalog; and [[Page 17075]] d. The correct wheel size is imprinted in the wheel. Harley-Davidson believes these sources, particularly the tire size information listed on the rear tire's sidewall, are the most likely places for consumers to look when replacing tires and rims. 2. Harley-Davidson states that NHTSA has granted petitions for inconsequential noncompliance for similar labeling errors regarding the rim size or the omission of the rim size. (Please see Harley-Davidson's petition for a complete list of referenced petitions.) In these cases Harley-Davidson stated that the agency reasoned that consumers were unlikely to mismatch tires and rims because ``the rim size information can be found in the vehicle's owner's manual or on the rim itself, and the tire size information is available from multiple sources including the owner's manual, the sidewalls of the tires on the vehicle and on the tire placard or information label located on the door or door opening. The rim size can be derived using this tire information. 3. The incorrect rim size on the subject motorcycles' certification label is unlikely to expose operators to a significantly greater risk than an operator riding a compliant motorcycle. Operators have several reliable sources to assist them in correctly matching the rims and tires. 4. Lastly, Harley-Davidson is not aware of any warranty claims, field reports, customer complaints, legal claims, or any incidents or injuries related to the subject condition. Harley-Davidson concluded by expressing the belief 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. To view Harley-Davidson's petition analyses in its entirety you can visit https://www.regulations.gov by following the online instructions for accessing the dockets and by using the docket ID number for this petition shown in the heading 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 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, Director, Office of Vehicle Safety Compliance. [FR Doc. 2017-06958 Filed 4-6-17; 8:45 am] BILLING CODE 4910-59-P
![17074 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices
DEPARTMENT OF TRANSPORTATION limit to the length of necessary This notice of receipt of Harley-
attachments to the comments. If Davidson’s petition is published under
National Highway Traffic Safety comments are submitted in hard copy 49 U.S.C. 30118 and 30120 and does not
Administration form, please ensure that two copies are represent any agency decision or other
provided. If you wish to receive exercise of judgment concerning the
[Docket No. NHTSA–2016–0128; Notice 1]
confirmation that comments you have merits of the petition.
Harley-Davidson Motor Company, Inc., submitted by mail were received, please II. Vehicles Involved: Approximately
Receipt of Petition for Decision of enclose a stamped, self-addressed 2,352 MY 2016–2017 Harley-Davidson
Inconsequential Noncompliance postcard with the comments. Note that XL 1200XC Roadster motorcycles
all comments received will be posted manufactured between March 8, 2016
AGENCY: National Highway Traffic without change to https:// and August 23, 2016 are potentially
Safety Administration (NHTSA), www.regulations.gov, including any involved.
Department of Transportation (DOT). personal information provided. III. Noncompliance: Harley-Davidson
ACTION: Receipt of petition. All comments and supporting explains that the noncompliance is that
materials received before the close of the certification label on the subject
SUMMARY: Harley-Davidson Motor business on the closing date indicated vehicles incorrectly identifies the rear
Company, Inc. (Harley-Davidson), has above will be filed in the docket and wheel rim size as 18 x 4.50 instead of
determined that certain model year will be considered. All comments and 18 x 4.25, and therefore does not meet
(MY) 2016–2017 Harley-Davidson XL supporting materials received after the the requirements of paragraph S5.3.2 of
1200XC Roadster motorcycles do not closing date will also be filed and will FMVSS No. 120.
fully comply with Federal Motor be considered to the fullest extent IV. Rule Text: paragraph 5.3 of
Vehicle Safety Standard (FMVSS) No. possible. FMVSS No. 120 states:
120, Tire selection and rims and motor When the petition is granted or Each vehicle shall show the information
home/recreation vehicle trailer load denied, notice of the decision will also specified in S5.3.1. and S5.3.2 . . . in the
carrying capacity information for motor be published in the Federal Register English language, lettered in block capitals
vehicles with a GVWR of more than pursuant to the authority indicated at and numerals not less than 2.4 millimeters
4,536 kilograms (10,000 pounds). the end of this notice. high and in the format set forth following this
Harley-Davidson filed a noncompliance All comments, background paragraph. This information shall appear
information report dated November 4, either:
documentation, and supporting
2016. Harley-Davidson also petitioned (a) After each GAWR listed on the
materials submitted to the docket may certification label required by § 567.4 or
NHTSA on November 28, 2016, for a be viewed by anyone at the address and § 567.5 of this chapter; or at the option of the
decision that the subject noncompliance times given above. The documents may manufacturer,
is inconsequential as it relates to motor also be viewed on the Internet at https:// (b) On the tire information label affixed to
vehicle safety. www.regulations.gov by following the the vehicle in the manner, location, and form
DATES: The closing date for comments online instructions for accessing the described in § 567.4(b) through (f) of this
on the petition is May 8, 2017. dockets. The docket ID number for this chapter as appropriate of each GVWR–GAWR
petition is shown in the heading of this combination listed on the certification label.
ADDRESSES: Interested persons are
invited to submit written data, views, notice. Paragraph S5.3.2 of FMVSS No. 120
and arguments on this petition. DOT’s complete Privacy Act states:
Comments must refer to the docket and Statement is available for review in a S5.3.2 Rims. The size designation and, if
notice number cited in the title of this Federal Register notice published on applicable, the type designation of Rims (not
notice and submitted by any of the April 11, 2000, (65 FR 19477–78). necessarily those on the vehicle) appropriate
following methods: SUPPLEMENTARY INFORMATION: for those tires.
• Mail: Send comments by mail I. Overview: Harley-Davidson Motor V. Summary of Harley-Davidson’s
addressed to U.S. Department of Company, Inc. (Harley-Davidson), has Petition: Harley-Davidson described the
Transportation, Docket Operations, M– determined that certain model year subject noncompliance and stated its
30, West Building Ground Floor, Room (MY) 2016–2017 Harley-Davidson XL belief that the noncompliance is
W12–140, 1200 New Jersey Avenue SE., 1200XC Roadster motorcycles do not inconsequential as it relates to motor
Washington, DC 20590. fully comply with paragraph S5.3.2 of vehicle safety.
• Hand Delivery: Deliver comments Federal Motor Vehicle Safety Standard In support of its petition, Harley-
by hand to U.S. Department of (FMVSS) No. 120, Tire selection and Davidson submitted the following
Transportation, Docket Operations, M– rims and motor home/recreation vehicle reasoning:
30, West Building Ground Floor, Room trailer load carrying capacity 1. Harley-Davidson believes this
W12–140, 1200 New Jersey Avenue SE., information for motor vehicles with a labeling noncompliance is
Washington, DC 20590. The Docket GVWR of more than 4,536 kilograms inconsequential to motor vehicle safety
Section is open on weekdays from 10 (10,000 pounds). Harley-Davidson filed because consumers have the following
a.m. to 5 p.m. except Federal Holidays. a report dated November 4, 2016, sources to reliably identify the correct
• Electronically: Submit comments pursuant to 49 CFR part 573, Defect and tire and rim combination:
electronically by logging onto the Noncompliance Responsibility and a. The correct tire size is listed on the
Federal Docket Management System Reports. Harley-Davidson also sidewall of the tire originally installed
(FDMS) Web site at https:// petitioned NHTSA on November 28, on the rim;
nlaroche on DSK30NT082PROD with NOTICES
www.regulations.gov/. Follow the online 2016, pursuant to 49 U.S.C. 30118(d) b. The correct tire, including tire size,
instructions for submitting comments. and 30120(h) and 49 CFR part 556, for is listed in the Owner’s Manual;
• Comments may also be faxed to an exemption from the notification and c. The correct wheel size is shown in
(202) 493–2251. remedy requirements of 49 U.S.C. the Original Equipment &
Comments must be written in the Chapter 301 on the basis that this Recommended Replacement Tires table
English language, and be no greater than noncompliance is inconsequential as it in the Harley-Davidson Genuine Motor
15 pages in length, although there is no relates to motor vehicle safety. Parts and Accessories catalog; and
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![Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices 17075
d. The correct wheel size is imprinted defect or noncompliance. Therefore, any dated May 24, 2016, and amended it on
in the wheel. decision on this petition only applies to June 1, 2016, pursuant to 49 CFR part
Harley-Davidson believes these the subject motorcycles that Harley- 573, Defect and Noncompliance
sources, particularly the tire size Davidson no longer controlled at the Responsibility and Reports. Cooper also
information listed on the rear tire’s time it determined that the petitioned NHTSA on June 21, 2016,
sidewall, are the most likely places for noncompliance existed. However, any pursuant to 49 U.S.C. 30118(d) and
consumers to look when replacing tires decision on this petition does not 30120(h) and their implementing
and rims. relieve vehicle distributors and dealers regulations at 49 CFR part 556, for an
2. Harley-Davidson states that NHTSA of the prohibitions on the sale, offer for exemption from the notification and
has granted petitions for sale, or introduction or delivery for remedy requirements of 49 U.S.C.
inconsequential noncompliance for introduction into interstate commerce of Chapter 301 on the basis that this
similar labeling errors regarding the rim the noncompliant vehicles under their noncompliance is inconsequential as it
size or the omission of the rim size. control after Harley-Davidson notified relates to motor vehicle safety.
(Please see Harley-Davidson’s petition them that the subject noncompliance Notice of receipt of the petition was
for a complete list of referenced existed. published, with a 30-day public
petitions.) comment period, on August 3, 2016 in
In these cases Harley-Davidson stated Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and the Federal Register (81 FR 51267). No
that the agency reasoned that consumers 501.8. comments were received. To view the
were unlikely to mismatch tires and petition and all supporting documents
rims because ‘‘the rim size information Jeffrey M. Giuseppe, log onto the Federal Docket
can be found in the vehicle’s owner’s Director, Office of Vehicle Safety Compliance. Management System (FDMS) Web site
manual or on the rim itself, and the tire [FR Doc. 2017–06958 Filed 4–6–17; 8:45 am] at: http://www.regulations.gov/. Then
size information is available from BILLING CODE 4910–59–P follow the online search instructions to
multiple sources including the owner’s locate docket number ‘‘NHTSA–2016–
manual, the sidewalls of the tires on the 0072.’’
vehicle and on the tire placard or DEPARTMENT OF TRANSPORTATION II. Tires Involved: Affected are 22,188
information label located on the door or of the following tubeless radial tires
door opening. The rim size can be National Highway Traffic Safety manufactured between February 14,
derived using this tire information. Administration 2016, and April 30, 2016:
3. The incorrect rim size on the [Docket No. NHTSA–2016–0072; Notice 2] • Mastercraft LSR Grand Touring size
subject motorcycles’ certification label 215/60R16
is unlikely to expose operators to a Cooper Tire & Rubber Company, Grant • Mastercraft LSR Grand Touring size
significantly greater risk than an of Petition for Decision of 225/60R16
operator riding a compliant motorcycle. Inconsequential Noncompliance • Big O Legacy Tour Plus size 215/
Operators have several reliable sources 60R16
AGENCY: National Highway Traffic
to assist them in correctly matching the • Big O Legacy Tour Plus size 225/
rims and tires. Safety Administration (NHTSA),
60R16
4. Lastly, Harley-Davidson is not Department of Transportation (DOT).
ACTION: Grant of petition. III. Noncompliance: Cooper explains
aware of any warranty claims, field that due to a mold error, the number of
reports, customer complaints, legal SUMMARY: Cooper Tire & Rubber tread plies indicated on the sidewall of
claims, or any incidents or injuries Company (Cooper), has determined that the subject tires does not match the
related to the subject condition. certain Mastercraft and Big O tires do actual number of plies in the tire
Harley-Davidson concluded by
not fully comply with Federal Motor construction. The tires are marked
expressing the belief that the subject
Vehicle Safety Standard (FMVSS) No. ‘‘TREAD 1 PLY NYLON + 2 PLY STEEL
noncompliance is inconsequential as it
139, New Pneumatic Radial Tires for + 2 PLY POLYESTER’’ whereas the
relates to motor vehicle safety, and that
Light Vehicles. Cooper filed a defect correct marking should be: ‘‘TREAD 1
its petition to be exempted from
report dated May 24, 2016, and PLY NYLON + 2 PLY STEEL + 1 PLY
providing notification of the
amended it on June 1, 2016. Cooper also POLYESTER.’’ As a consequence, these
noncompliance, as required by 49
petitioned NHTSA on June 21, 2016, for tires do not meet the requirements
U.S.C. 30118, and a remedy for the
a decision that the subject specified in paragraph S5.5(f) of FMVSS
noncompliance, as required by 49
noncompliance is inconsequential as it No. 139.
U.S.C. 30120, should be granted. IV. Rule Text: Paragraph S5.5(f) of
To view Harley-Davidson’s petition relates to motor vehicle safety.
ADDRESSES: For further information on FMVSS No. 139 states, in pertinent part:
analyses in its entirety you can visit
https://www.regulations.gov by this decision contact Abraham Diaz, S5.5 Tire Markings. Except as specified in
following the online instructions for Office of Vehicle Safety Compliance, the paragraph (a) through (i) of S5.5, each tire
National Highway Traffic Safety must be marked on each sidewall with the
accessing the dockets and by using the information specified in S5.5(a) through (d)
docket ID number for this petition Administration (NHTSA), telephone
(202) 366–5310, facsimile (202) 366– and on one sidewall with the information
shown in the heading of this notice. specified in S5.5(e) through (i) according to
NHTSA notes that the statutory 5930. the phase-in schedule specified in S7 of this
provisions (49 U.S.C. 30118(d) and SUPPLEMENTARY INFORMATION: standard . . .
30120(h)) that permit manufacturers to I. Overview: Cooper Tire & Rubber (f) The actual number of plies in the
nlaroche on DSK30NT082PROD with NOTICES
file petitions for a determination of Company (Cooper), has determined that sidewall, and the actual number of plies in
inconsequentiality allow NHTSA to certain Mastercraft and Big O tires do the tread area, if different.
exempt manufacturers only from the not fully comply with paragraph S5.5(f) V. Summary of Cooper’s Petition:
duties found in sections 30118 and of Federal Motor Vehicle Safety Cooper described the subject
30120, respectively, to notify owners, Standard (FMVSS) No. 139, New noncompliance and stated its belief that
purchasers, and dealers of a defect or Pneumatic Radial Tires for Light the noncompliance is inconsequential
noncompliance and to remedy the Vehicles. Cooper filed a defect report as it relates to motor vehicle safety.
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Document Created: 2017-04-06 23:49:34
Document Modified: 2017-04-06 23:49:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is May 8, 2017. | |
| FR Citation | 82 FR 17074 |
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