82_FR_49678 82 FR 49473 - Traffic Records Program Assessment Advisory; Public Comment

82 FR 49473 - Traffic Records Program Assessment Advisory; Public Comment

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 205 (October 25, 2017)

Page Range49473-49475
FR Document2017-23124

The National Highway Traffic Safety Administration (NHTSA) is in the process of reviewing the Traffic Records Program Assessment Advisory, DOT HS 811 644, (Advisory) and requests comments to determine if updates or improvements are appropriate. States need timely, accurate, complete, and uniform traffic records to identify and prioritize traffic safety issues and to choose appropriate safety countermeasures and evaluate their effectiveness. The Advisory provides information on the contents, capabilities, and data quality attributes of an effective traffic records system, and includes assessment questions that qualified independent assessors use to evaluate the capabilities of a State's traffic records systems. Based on the input received in response to this notice, and NHTSA's experience in applying the previous Advisory to conduct assessments in the past, we anticipate issuing a revised Advisory by June 2018.

Federal Register, Volume 82 Issue 205 (Wednesday, October 25, 2017)
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49473-49475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23124]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2017-0081]


Traffic Records Program Assessment Advisory; Public Comment

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

ACTION: Request for public comment.

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

SUMMARY: The National Highway Traffic Safety Administration (NHTSA) is 
in the process of reviewing the Traffic Records Program Assessment 
Advisory, DOT HS 811 644, (Advisory) and requests comments to determine 
if updates or improvements are appropriate. States need timely, 
accurate, complete, and uniform traffic records to identify and 
prioritize traffic safety issues and to choose appropriate safety 
countermeasures and evaluate their effectiveness. The Advisory provides 
information on the contents, capabilities, and data quality attributes 
of an effective traffic records system, and includes assessment 
questions that qualified independent assessors use to evaluate the 
capabilities of a State's traffic records systems. Based on the input 
received in response to this notice, and NHTSA's experience in applying 
the previous Advisory to conduct assessments in the past, we anticipate 
issuing a revised Advisory by June 2018.

DATES: Written comments may be submitted to this agency and must be 
received no later than December 26, 2017.

ADDRESSES: You may submit comments identified by DOT Docket ID number 
NHTSA-2017-0081 by any of the following methods:
    Electronic Submissions: Go to http://www.regulations.gov. Follow 
the online instructions for submitting comments.
    Fax: 202-366-2746.
    Mail: Docket Management Facility, M-30 U.S. Department of 
Transportation, West Building, Ground floor, Room W12-140, 1200 New 
Jersey Ave. SE., Washington, DC 20590.
    Hand Delivery or Courier: Docket Management Facility, M-30, U.S. 
Department of Transportation, West Building, Ground floor, Room W12-
140, 1200 New Jersey Ave. SE., Washington, DC 20590, between 9 a.m. and 
5 p.m. Eastern time, Monday through Friday, except Federal holidays.
    Regardless of how you submit your comments, you should identify the 
Docket number of this notice.

[[Page 49474]]

    Instructions: For detailed instructions on submitting comments and 
additional information, see http://www.regulations.gov. Note that all 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. 
Please read the ``Privacy Act'' heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
contents received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Statement in the Federal Register published on April 
11, 2000 (65 FR 19477-78) or you may visit http://docketsInfo.dot.gov.
    Confidential Information: If you wish to submit any information 
under a claim of confidentiality, you should submit three copies of 
your complete submission, including the information you claim to be 
confidential business information, to the Chief Counsel, NHTSA, 1200 
New Jersey Avenue SE., Washington, DC 20590-0001. In addition, you 
should submit two copies, from which you have deleted the claimed 
confidential business information, to Docket Management at the address 
given above under
    When you send a comment containing information claimed to be 
confidential business information, you should include a cover letter 
setting forth the information specified in our confidential business 
information regulation. (49 CFR part 512) Docket: For access to the 
docket to read background documents or comments received, go to http://www.regulations.gov or the street address listed above. Follow the 
online instructions for accessing the dockets.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Eastern Time, Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For programmatic issues: John Siegler, 
Office of Traffic Records and Analysis, NVS-423, National Highway 
Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, 
DC 20590. Telephone (202) 366-1268. For legal issues: Megan Brown, 
Office of Chief Counsel, NCC-113, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. 
Telephone (202) 366-1834.

SUPPLEMENTARY INFORMATION: States need timely, accurate, complete, and 
uniform traffic records data to identify and prioritize traffic safety 
issues, and choose appropriate safety countermeasures and evaluate 
their effectiveness. The National Highway Traffic Safety Administration 
published the Traffic Records Program Assessment Advisory (DOT HS 811 
644) in 2012 to provide guidance on the peer review of States' crash, 
driver, vehicle, roadway, citation and adjudication, and injury 
surveillance systems.
    The Advisory describes the capabilities of an ideal traffic records 
system and includes a set of questions, which are the basis for an in-
depth review of State highway safety data and State traffic records 
systems. Specifically, these questions examine how the State Highway 
Safety Office (SHSO), State Traffic Records Coordinating Committee 
(TRCC), and the representative TRCC agencies plan, collect, manage, and 
integrate information from the crash, driver, vehicle, roadway, 
citation and adjudication, and injury surveillance data systems.
    In order to qualify for a State Traffic Safety Information System 
Improvements grant under 23 U.S.C. 405(c), a State must certify that 
``an assessment of the State's highway safety data and traffic records 
system was conducted or updated during the preceding 5 years.'' \1\ The 
2012 Advisory was created in response to a GAO recommendation that 
``NHTSA take steps to ensure state traffic records assessments are 
complete and consistent to provide an in-depth evaluation of all state 
traffic safety data systems across all performance measures''.\2\
---------------------------------------------------------------------------

    \1\ 23 U.S.C. 405(c)(3)(E).
    \2\ U.S. Gov't Accountability Office, GAO-10-454, Traffic Safety 
Data: State Data System Quality Varies and Limited Resources and 
Coordination Can Inhibit Further Progress 41 (2010), available at 
http://www.gao.gov/products/GAO-0-454.
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    The Advisory is divided into nine topical areas: Traffic records 
coordinating committee, strategic planning for traffic records systems, 
crash data system, vehicle data system, driver data system, roadway 
data system, citation and adjudication systems, injury surveillance 
systems, and data use and integration. Each of these modules is further 
subdivided into submodules: Description and contents, applicable 
guidelines, data dictionaries, procedures and process flows, interface 
with other traffic records components, and data quality and control. 
Each assessment question is supplemented by ``suggested evidence'' and 
linked to the associated narrative description of the ideal traffic 
records system.
    Between 2012 and 2017, NHTSA conducted 55 traffic records 
assessments where independent subject matter expert assessors evaluated 
the response to each question and rated State responses as either (1) 
meeting the description of the ideal traffic records system, (2) 
partially meeting the description, or (3) not meeting the description. 
These assessments identified the strengths and opportunities of each 
component of the State's traffic records systems and provided States 
with recommendations to improve their traffic records programs.
    During the first five-year assessment cycle (2012-2017), NHTSA 
received feedback on the assessment process from State coordinators and 
respondents as well as the assessment facilitators and assessors. NHTSA 
intends to consider this feedback in addition to comments received on 
this notice to update the Advisory. Specifically, NHTSA will revise as 
appropriate the questions and evidence for the nine topical areas. 
Based on the feedback received during the first assessment cycle, 
anticipated changes may include updates to the ideal traffic records 
system description, expansion of suggested evidence notes, alteration 
and/or elimination of questions--particularly regarding performance 
measures--and a restructuring of the Injury Surveillance System 
section.
    NHTSA is seeking comment on the description of the ideal traffic 
records system and associated assessment questions in the Advisory to 
provide greater clarity and ease for both State respondents and 
assessment teams. In undertaking this update to the Advisory, NHTSA 
seeks to minimize the level of effort required by States while still 
ensuring a robust evaluation of State traffic safety data systems that 
States can use to inform improvements to traffic safety data systems. 
The most helpful comments will suggest potential procedural changes 
that will streamline the process or will provide feedback on how to 
improve a specific question, its suggested evidence, and/or the 
associated text found in the module introduction. The full text of the 
Traffic Records Program Assessment Advisory, DOT HS 811 644, is 
available at http://www-nrd.nhtsa.dot.gov/Pubs/811644.pdf. NHTSA will 
consider all comments received as part of its revision of the Advisory. 
Comments will be addressed in a subsequent Federal Register notice that 
announces the final version of the Advisory.


[[Page 49475]]


    Authority:  23 U.S.C. Section 405(c)(3)(E).

    Issued in Washington, DC.
Terry T. Shelton,
Associate Administrator, National Center for Statistics and Analysis.
[FR Doc. 2017-23124 Filed 10-24-17; 8:45 am]
 BILLING CODE 4910-59-P



                                                                          Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices                                           49473

                                                  Written Comments: Written                             business information, you should                      DEPARTMENT OF TRANSPORTATION
                                                statements and supporting information                   submit a cover letter setting forth the
                                                submitted during the comment period                     information specified in our                          National Highway Traffic Safety
                                                will be considered with the same weight                 confidential business information                     Administration
                                                as oral comments and supporting                         regulation (49 CFR part 512).                         [Docket No. NHTSA–2017–0081]
                                                information presented at the public
                                                meeting. Please submit all written                      Background                                            Traffic Records Program Assessment
                                                comments no later than November 14,                                                                           Advisory; Public Comment
                                                                                                          On September 12, 2017, DOT released
                                                2017, by any of the following methods:
                                                  • Federal Rulemaking Portal: Go to                    Automated Driving Systems 2.0: A                      AGENCY:  National Highway Traffic
                                                http://www.regulations.gov. Follow the                  Vision for Safety and requested public                Safety Administration (NHTSA), U.S.
                                                online instructions for submitting                      comment. NHTSA has issued 2.0 as the                  Department of Transportation (DOT).
                                                comments.                                               next step on the path forward for the                 ACTION: Request for public comment.
                                                  • Mail: Docket Management Facility:                   safe testing and deployment of ADSs.
                                                DOT, 1200 New Jersey Avenue SE.,                        Together, the Voluntary Guidance for                  SUMMARY:    The National Highway Traffic
                                                West Building Ground Floor, Room                        ADS and Technical Assistance to States                Safety Administration (NHTSA) is in
                                                W12–140, Washington, DC 20590.                          serve to support industry, Government                 the process of reviewing the Traffic
                                                  • Hand Delivery or Courier: 1200                      officials, safety advocates, and the                  Records Program Assessment Advisory,
                                                New Jersey Avenue SE., West Building                    public. By replacing the Federal                      DOT HS 811 644, (Advisory) and
                                                Ground Floor, Room W12–140,                             Automated Vehicles Policy, 2.0                        requests comments to determine if
                                                Washington, DC 20590, between 9 a.m.                    responds to public comments, continues                updates or improvements are
                                                and 5 p.m. ET, Monday through Friday,                   the voluntary guidance framework, and                 appropriate. States need timely,
                                                except Federal Holidays.                                assures industry, the States, and the                 accurate, complete, and uniform traffic
                                                  • Fax: 202–366–1767.                                                                                        records to identify and prioritize traffic
                                                  Instructions: All submissions must                    public that the Agency will remain a
                                                                                                                                                              safety issues and to choose appropriate
                                                include the Agency name and docket                      leader in innovation and safety. The full
                                                                                                                                                              safety countermeasures and evaluate
                                                number. Note that all comments                          Automated Driving Systems 2.0: A
                                                                                                                                                              their effectiveness. The Advisory
                                                received will be posted without change                  Vision for Safety can be found at
                                                                                                                                                              provides information on the contents,
                                                to http://www.regulations.gov, including                www.nhtsatransportation.gov/av.                       capabilities, and data quality attributes
                                                any personal information provided.                      Meeting and Draft Agenda                              of an effective traffic records system,
                                                Please see the Privacy Act discussion                                                                         and includes assessment questions that
                                                below.                                                    This public meeting is being held                   qualified independent assessors use to
                                                  Docket: For access to the docket go to                during the open comment period and                    evaluate the capabilities of a State’s
                                                http://www.regulations.gov at any time                  provides an opportunity for individuals               traffic records systems. Based on the
                                                or to 1200 New Jersey Avenue SE., West                  and stakeholders to express feedback                  input received in response to this
                                                Building, Ground Floor, Room                            regarding both Section 1: Voluntary                   notice, and NHTSA’s experience in
                                                W12–140, Washington, DC 20590,                          Guidance for Automated Driving                        applying the previous Advisory to
                                                between 9 a.m. and 5 p.m., Monday                       Systems and Section 2: Technical                      conduct assessments in the past, we
                                                through Friday, except Federal                          Assistance to States. Input received at               anticipate issuing a revised Advisory by
                                                Holidays. Telephone: 202–366–9826.                                                                            June 2018.
                                                  Privacy Act: Anyone is able to search                 the public meeting will be used to make
                                                                                                        any necessary clarifications to 2.0, in               DATES: Written comments may be
                                                the electronic form of all comments
                                                received into any of our dockets by the                 support of its voluntary                              submitted to this agency and must be
                                                name of the individual submitting the                   implementation. As appropriate,                       received no later than December 26,
                                                comment (or signing the comment, if                     NHTSA will post clarification                         2017.
                                                submitted on behalf of an association,                  information on the NHTSA Web site in                  ADDRESSES:   You may submit comments
                                                business, labor union, etc.). You may                   the Frequently Asked Questions section.               identified by DOT Docket ID number
                                                review DOT’s complete Privacy Act                       The meeting agenda follows:                           NHTSA–2017–0081 by any of the
                                                Statement in the Federal Register                                                                             following methods:
                                                published on April 11, 2000, (Volume                    8–9 a.m.—Arrival/Check-In                                Electronic Submissions: Go to http://
                                                65, Number 70; Pages 19477–78), or you                  9–10:30 a.m.—Section 1: Voluntary                     www.regulations.gov. Follow the online
                                                may visit http://www.regulations.gov/                       Guidance for ADSs                                 instructions for submitting comments.
                                                privacy.html.                                           10:30–10:45 a.m.—Break                                   Fax: 202–366–2746.
                                                  Confidential Business Information: If                                                                          Mail: Docket Management Facility,
                                                you wish to submit any information                      10:45–12 a.m.—Section 2: Technical                    M–30 U.S. Department of
                                                under a claim of confidentiality, you                       Assistance to States                              Transportation, West Building, Ground
                                                should submit three copies of your                      12 a.m.—Adjourn                                       floor, Room W12–140, 1200 New Jersey
                                                complete submission, including the                        Issued in Washington, DC under authority            Ave. SE., Washington, DC 20590.
                                                information you claim to be confidential                delegated by 49 CFR 1.95.                                Hand Delivery or Courier: Docket
                                                business information to the Chief                                                                             Management Facility, M–30, U.S.
                                                                                                        Nathaniel Beuse,
                                                Counsel, NHTSA, at the address given                                                                          Department of Transportation, West
                                                under FOR FURTHER INFORMATION                           Associate Administrator for Vehicle Safety            Building, Ground floor, Room W12–140,
sradovich on DSK3GMQ082PROD with NOTICES




                                                CONTACT. In addition, you should                        Research.                                             1200 New Jersey Ave. SE., Washington,
                                                submit two copies, from which you                       [FR Doc. 2017–23198 Filed 10–24–17; 8:45 am]          DC 20590, between 9 a.m. and 5 p.m.
                                                have deleted the claimed confidential                   BILLING CODE 4910–59–P                                Eastern time, Monday through Friday,
                                                business information, to Docket                                                                               except Federal holidays.
                                                Management at the address given above.                                                                           Regardless of how you submit your
                                                When you send a comment containing                                                                            comments, you should identify the
                                                information claimed to be confidential                                                                        Docket number of this notice.


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                                                49474                     Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices

                                                   Instructions: For detailed instructions              SUPPLEMENTARY INFORMATION:       States                associated narrative description of the
                                                on submitting comments and additional                   need timely, accurate, complete, and                   ideal traffic records system.
                                                information, see http://                                uniform traffic records data to identify                  Between 2012 and 2017, NHTSA
                                                www.regulations.gov. Note that all                      and prioritize traffic safety issues, and              conducted 55 traffic records
                                                comments received will be posted                        choose appropriate safety                              assessments where independent subject
                                                without change to http://                               countermeasures and evaluate their                     matter expert assessors evaluated the
                                                www.regulations.gov, including any                      effectiveness. The National Highway                    response to each question and rated
                                                personal information provided. Please                   Traffic Safety Administration published                State responses as either (1) meeting the
                                                read the ‘‘Privacy Act’’ heading below.                 the Traffic Records Program Assessment                 description of the ideal traffic records
                                                   Privacy Act: Anyone is able to search                Advisory (DOT HS 811 644) in 2012 to                   system, (2) partially meeting the
                                                the electronic form of all contents                     provide guidance on the peer review of                 description, or (3) not meeting the
                                                received into any of our dockets by the                 States’ crash, driver, vehicle, roadway,               description. These assessments
                                                name of the individual submitting the                   citation and adjudication, and injury                  identified the strengths and
                                                comment (or signing the comment, if                     surveillance systems.                                  opportunities of each component of the
                                                submitted on behalf of an association,                     The Advisory describes the                          State’s traffic records systems and
                                                business, labor union, etc.). You may                   capabilities of an ideal traffic records               provided States with recommendations
                                                review DOT’s complete Privacy                           system and includes a set of questions,                to improve their traffic records
                                                Statement in the Federal Register                       which are the basis for an in-depth                    programs.
                                                published on April 11, 2000 (65 FR                      review of State highway safety data and                   During the first five-year assessment
                                                19477–78) or you may visit http://                      State traffic records systems.                         cycle (2012–2017), NHTSA received
                                                docketsInfo.dot.gov.                                    Specifically, these questions examine                  feedback on the assessment process
                                                   Confidential Information: If you wish                how the State Highway Safety Office                    from State coordinators and respondents
                                                to submit any information under a claim                 (SHSO), State Traffic Records                          as well as the assessment facilitators
                                                of confidentiality, you should submit                   Coordinating Committee (TRCC), and                     and assessors. NHTSA intends to
                                                three copies of your complete                           the representative TRCC agencies plan,                 consider this feedback in addition to
                                                submission, including the information                   collect, manage, and integrate                         comments received on this notice to
                                                you claim to be confidential business                   information from the crash, driver,                    update the Advisory. Specifically,
                                                information, to the Chief Counsel,                      vehicle, roadway, citation and
                                                NHTSA, 1200 New Jersey Avenue SE.,                                                                             NHTSA will revise as appropriate the
                                                                                                        adjudication, and injury surveillance                  questions and evidence for the nine
                                                Washington, DC 20590–0001. In                           data systems.
                                                addition, you should submit two copies,                                                                        topical areas. Based on the feedback
                                                                                                           In order to qualify for a State Traffic             received during the first assessment
                                                from which you have deleted the                         Safety Information System
                                                claimed confidential business                                                                                  cycle, anticipated changes may include
                                                                                                        Improvements grant under 23 U.S.C.                     updates to the ideal traffic records
                                                information, to Docket Management at
                                                                                                        405(c), a State must certify that ‘‘an                 system description, expansion of
                                                the address given above under
                                                   When you send a comment containing                   assessment of the State’s highway safety               suggested evidence notes, alteration
                                                information claimed to be confidential                  data and traffic records system was                    and/or elimination of questions—
                                                business information, you should                        conducted or updated during the                        particularly regarding performance
                                                include a cover letter setting forth the                preceding 5 years.’’ 1 The 2012 Advisory               measures—and a restructuring of the
                                                information specified in our                            was created in response to a GAO                       Injury Surveillance System section.
                                                confidential business information                       recommendation that ‘‘NHTSA take                          NHTSA is seeking comment on the
                                                regulation. (49 CFR part 512) Docket:                   steps to ensure state traffic records                  description of the ideal traffic records
                                                For access to the docket to read                        assessments are complete and consistent                system and associated assessment
                                                background documents or comments                        to provide an in-depth evaluation of all               questions in the Advisory to provide
                                                received, go to http://                                 state traffic safety data systems across               greater clarity and ease for both State
                                                www.regulations.gov or the street                       all performance measures’’.2                           respondents and assessment teams. In
                                                address listed above. Follow the online                    The Advisory is divided into nine                   undertaking this update to the Advisory,
                                                instructions for accessing the dockets.                 topical areas: Traffic records                         NHTSA seeks to minimize the level of
                                                   Docket: For access to the docket to                  coordinating committee, strategic                      effort required by States while still
                                                read background documents or                            planning for traffic records systems,                  ensuring a robust evaluation of State
                                                comments received, go to http://                        crash data system, vehicle data system,                traffic safety data systems that States
                                                www.regulations.gov at any time or to                   driver data system, roadway data                       can use to inform improvements to
                                                West Building Ground Floor, Room                        system, citation and adjudication                      traffic safety data systems. The most
                                                W12–140, 1200 New Jersey Avenue SE.,                    systems, injury surveillance systems,                  helpful comments will suggest potential
                                                Washington, DC, between 9 a.m. and 5                    and data use and integration. Each of                  procedural changes that will streamline
                                                p.m., Eastern Time, Monday through                      these modules is further subdivided into               the process or will provide feedback on
                                                Friday, except Federal holidays.                        submodules: Description and contents,                  how to improve a specific question, its
                                                FOR FURTHER INFORMATION CONTACT: For                    applicable guidelines, data dictionaries,              suggested evidence, and/or the
                                                programmatic issues: John Siegler,                      procedures and process flows, interface                associated text found in the module
                                                Office of Traffic Records and Analysis,                 with other traffic records components,                 introduction. The full text of the Traffic
                                                NVS–423, National Highway Traffic                       and data quality and control. Each                     Records Program Assessment Advisory,
                                                                                                        assessment question is supplemented by                 DOT HS 811 644, is available at http://
sradovich on DSK3GMQ082PROD with NOTICES




                                                Safety Administration, 1200 New Jersey
                                                Avenue SE., Washington, DC 20590.                       ‘‘suggested evidence’’ and linked to the               www-nrd.nhtsa.dot.gov/Pubs/
                                                Telephone (202) 366–1268. For legal                                                                            811644.pdf. NHTSA will consider all
                                                issues: Megan Brown, Office of Chief                      1 23 U.S.C. 405(c)(3)(E).                            comments received as part of its
                                                                                                          2 U.S. Gov’t Accountability Office, GAO–10–454,
                                                Counsel, NCC–113, National Highway                                                                             revision of the Advisory. Comments will
                                                                                                        Traffic Safety Data: State Data System Quality
                                                Traffic Safety Administration, 1200 New                 Varies and Limited Resources and Coordination
                                                                                                                                                               be addressed in a subsequent Federal
                                                Jersey Avenue SE., Washington, DC                       Can Inhibit Further Progress 41 (2010), available at   Register notice that announces the final
                                                20590. Telephone (202) 366–1834.                        http://www.gao.gov/products/GAO-0-454.                 version of the Advisory.


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                                                                          Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices                                             49475

                                                   Authority: 23 U.S.C. Section 405(c)(3)(E).           petitioned NHTSA on November 28,                         In support of its petition, Harley-
                                                  Issued in Washington, DC.                             2016, pursuant to 49 U.S.C. 30118(d)                  Davidson submitted the following
                                                Terry T. Shelton,                                       and 30120(h) and 49 CFR part 556, for                 reasoning:
                                                                                                        an exemption from the notification and                   1. Harley-Davidson believes this
                                                Associate Administrator, National Center for
                                                Statistics and Analysis.                                remedy requirements of 49 U.S.C.                      labeling noncompliance is
                                                                                                        Chapter 301 on the basis that this                    inconsequential to motor vehicle safety
                                                [FR Doc. 2017–23124 Filed 10–24–17; 8:45 am]
                                                                                                        noncompliance is inconsequential as it                because consumers have the following
                                                BILLING CODE 4910–59–P
                                                                                                        relates to motor vehicle safety.                      sources to reliably identify the correct
                                                                                                           Notice of receipt of the petition was              tire and rim combination:
                                                                                                        published with a 30-day public                           a. The correct tire size is listed on the
                                                DEPARTMENT OF TRANSPORTATION
                                                                                                        comment period, on April 7, 2017, in                  sidewall of the tire originally installed
                                                National Highway Traffic Safety                         the Federal Register (82 FR 17074). No                on the rim;
                                                Administration                                          comments were received. To view the                      b. The correct tire, including tire size,
                                                                                                        petition and all supporting documents                 is listed in the Owner’s Manual;
                                                [Docket No. NHTSA–2016–0128; Notice 2]                                                                           c. The correct wheel size is shown in
                                                                                                        log onto the Federal Docket
                                                                                                        Management System (FDMS) Web site                     the Original Equipment &
                                                Harley-Davidson Motor Company, Inc.,                                                                          Recommended Replacement Tires table
                                                Grant of Petition for Decision of                       at: https://www.regulations.gov/. Then
                                                                                                        follow the online search instructions to              in the Harley-Davidson Genuine Motor
                                                Inconsequential Noncompliance                                                                                 Parts and Accessories catalog; and
                                                                                                        locate docket number ‘‘NHTSA–2016–
                                                AGENCY: National Highway Traffic                                                                                 d. The correct wheel size is imprinted
                                                                                                        0128.’’
                                                Safety Administration (NHTSA),                                                                                in the wheel.
                                                                                                           II. Vehicles Involved: Approximately                  Harley-Davidson believes these
                                                Department of Transportation (DOT).                     2,352 MY 2016–2017 Harley-Davidson                    sources, particularly the tire size
                                                ACTION: Grant of petition.                              XL 1200CX Roadster motorcycles                        information listed on the rear tire’s
                                                                                                        manufactured between March 8, 2016                    sidewall, are the most likely places for
                                                SUMMARY:   Harley-Davidson Motor                        and August 23, 2016, are potentially
                                                Company, Inc. (Harley-Davidson), has                                                                          consumers to look when replacing tires
                                                                                                        involved.                                             and rims.
                                                determined that certain model year
                                                                                                           III. Noncompliance: Harley-Davidson                   2. Harley-Davidson states that NHTSA
                                                (MY) 2016–2017 Harley-Davidson XL
                                                                                                        explains that the noncompliance is that               has granted petitions for
                                                1200CX Roadster motorcycles do not
                                                                                                        the certification label on the subject                inconsequential noncompliance for
                                                fully comply with Federal Motor
                                                                                                        vehicles incorrectly identifies the rear              similar labeling errors regarding the rim
                                                Vehicle Safety Standard (FMVSS) No.
                                                                                                        wheel rim size as 18 X 4.50 instead of                size or the omission of the rim size.
                                                120, Tire selection and rims and motor
                                                                                                        18 X 4.25, and therefore does not meet                (Please see Harley-Davidson’s petition
                                                home/recreation vehicle trailer load
                                                                                                        the requirements of paragraph S5.3.2 of               for a complete list of referenced
                                                carrying capacity information for motor
                                                                                                        FMVSS No. 120.                                        petitions.)
                                                vehicles with a GVWR of more than
                                                4,536 kilograms (10,000 pounds).                           IV. Rule Text: paragraph 5.3 of                       In these cases, Harley-Davidson stated
                                                Harley-Davidson filed a noncompliance                   FMVSS No. 120 states:                                 that the agency reasoned that consumers
                                                information report dated November 4,                       Each vehicle shall show the                        were unlikely to mismatch tires and
                                                2016. Harley-Davidson also petitioned                   information specified in S5.3.1. and                  rims because ‘‘the rim size information
                                                NHTSA on November 28, 2016, for a                       S5.3.2 . . . in the English language,                 can be found in the vehicle’s owner’s
                                                decision that the subject noncompliance                 lettered in block capitals and numerals               manual or on the rim itself, and the tire
                                                is inconsequential as it relates to motor               not less than 2.4 millimeters high and                size information is available from
                                                vehicle safety.                                         in the format set forth following this                multiple sources including the owner’s
                                                                                                        paragraph. This information shall                     manual, the sidewalls of the tires on the
                                                ADDRESSES: For further information on
                                                                                                        appear either:                                        vehicle and on the tire placard or
                                                this decision, contact Kerrin Bressant,
                                                                                                           (a) After each GAWR listed on the                  information label located on the door or
                                                Office of Vehicle Safety Compliance, the
                                                                                                        certification label required by § 567.4 or            door opening. The rim size can be
                                                National Highway Traffic Safety
                                                                                                        § 567.5 of this chapter; or at the option             derived using this tire information.
                                                Administration (NHTSA), telephone                                                                                3. The incorrect rim size on the
                                                (202) 366–1110, facsimile (202) 366–                    of the manufacturer,
                                                                                                           (b) On the tire information label                  subject motorcycles’ certification label
                                                3081.                                                                                                         is unlikely to expose operators to a
                                                                                                        affixed to the vehicle in the manner,
                                                SUPPLEMENTARY INFORMATION:                                                                                    significantly greater risk than an
                                                                                                        location, and form described in
                                                   I. Overview: Harley-Davidson Motor                   § 567.4(b) through (f) of this chapter as             operator riding a compliant motorcycle.
                                                Company, Inc. (Harley-Davidson), has                    appropriate of each GVWR–GAWR                         Operators have several reliable sources
                                                determined that certain model year                      combination listed on the certification               to assist them in correctly matching the
                                                (MY) 2016–2017 Harley-Davidson XL                       label.                                                rims and tires.
                                                1200CX Roadster motorcycles do not                                                                               4. Lastly, Harley-Davidson is not
                                                                                                           Paragraph S5.3.2 of FMVSS No. 120
                                                fully comply with paragraph S5.3.2 of                                                                         aware of any warranty claims, field
                                                                                                        states:
                                                Federal Motor Vehicle Safety Standard                                                                         reports, customer complaints, legal
                                                (FMVSS) No. 120, Tire selection and                       S5.3.2 Rims. The size designation and, if           claims, or any incidents or injuries
                                                rims and motor home/recreation vehicle                  applicable, the type designation of Rims (not         related to the subject condition.
                                                trailer load carrying capacity                          necessarily those on the vehicle) appropriate            Harley-Davidson concluded by
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        for those tires.
                                                information for motor vehicles with a                                                                         expressing the belief that the subject
                                                GVWR of more than 4,536 kilograms                         V. Summary of Harley-Davidson’s                     noncompliance is inconsequential as it
                                                (10,000 pounds). Harley-Davidson filed                  Petition: Harley-Davidson described the               relates to motor vehicle safety, and that
                                                a report dated November 4, 2016,                        subject noncompliance and stated its                  its petition to be exempted from
                                                pursuant to 49 CFR part 573, Defect and                 belief that the noncompliance is                      providing notification of the
                                                Noncompliance Responsibility and                        inconsequential as it relates to motor                noncompliance, as required by 49
                                                Reports. Harley-Davidson also                           vehicle safety.                                       U.S.C. 30118, and a remedy for the


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Document Created: 2017-10-25 01:17:19
Document Modified: 2017-10-25 01:17:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for public comment.
DatesWritten comments may be submitted to this agency and must be received no later than December 26, 2017.
ContactFor programmatic issues: John Siegler, Office of Traffic Records and Analysis, NVS-423, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone (202) 366-1268. For legal issues: Megan Brown, Office of Chief Counsel, NCC-113, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone (202) 366-1834.
FR Citation82 FR 49473 

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