82_FR_49680 82 FR 49475 - Harley-Davidson Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

82 FR 49475 - Harley-Davidson Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

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

Page Range49475-49476
FR Document2017-23209

Harley-Davidson Motor Company, Inc. (Harley-Davidson), has determined that certain model year (MY) 2016-2017 Harley-Davidson XL 1200CX 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.

Federal Register, Volume 82 Issue 205 (Wednesday, October 25, 2017) 
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49475-49476]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23209]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0128; Notice 2]


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

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

ACTION: Grant of petition.

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SUMMARY: Harley-Davidson Motor Company, Inc. (Harley-Davidson), has 
determined that certain model year (MY) 2016-2017 Harley-Davidson XL 
1200CX 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.

ADDRESSES: For further information on this decision, contact Kerrin 
Bressant, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1110, 
facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Harley-Davidson Motor Company, Inc. (Harley-Davidson), 
has determined that certain model year (MY) 2016-2017 Harley-Davidson 
XL 1200CX 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.
    Notice of receipt of the petition was published with a 30-day 
public comment period, on April 7, 2017, in the Federal Register (82 FR 
17074). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2016-0128.''
    II. Vehicles Involved: Approximately 2,352 MY 2016-2017 Harley-
Davidson XL 1200CX 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
    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

[[Page 49476]]

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 Decision

    NHTSA Analysis: NHTSA has evaluated the merits of Harley Davidson's 
inconsequential noncompliance petition and has determined that this 
particular noncompliance is inconsequential to motor vehicle safety. 
Specifically, the 49 C.F.R Part 567 label containing the FMVSS No. 120 
S5.3 rim information incorrectly identifies the rear-wheel rim size as 
18 X 4.50 instead of 18 X 4.25. NHTSA has concluded that the 
mislabeling noncompliance does not affect motor vehicle safety because 
the 18 X 4.50 rim size identified on the certification label is 
compatible with both the tire fitted to the vehicle and to the tire 
specified on the label (which are the same in this case). Also, the 
intended rim and tire sizing combination is available and accessible 
from multiple sources and locations.
    The 2016 Tire and Rim Association guide for rim contours for 
motorcycle tires, indicates that both the 4.25-inch and the 4.50-inch 
rim widths are approved rim contours for the tire size (150/70R18), 
which is the size specified on the certification label and the size of 
the tires fitted to the vehicle. Therefore, use of either rim size is 
acceptable for the tire indicated and tire/rim mismatch should not 
occur.
    If the rim size listed on the certification label is not used to 
determine tire and rim combination when either is being replaced, there 
are numerous other sources and locations of that information available 
to the consumer and service technician. These sources include: (1) The 
correct wheel size imprinted on the wheel, (2) correct wheel size shown 
in the original equipment and recommended replacement tires table in 
the Harley-Davidson Genuine Motor Parts and Accessories Catalog, (3) 
the correct tire size listed in the Owner's Manual, and (4) the correct 
tire size listed on the sidewall of the tire originally installed on 
the wheel rim. In particular, we agree with Harley-Davidson's assertion 
that source number ``4'' is the most likely place for consumers to look 
when replacing tires and rims to verify tire size.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that Harley-Davidson has met its burden of persuasion that the FMVSS 
No. 120 noncompliance is inconsequential as it relates to motor vehicle 
safety. Accordingly, Harley-Davidson's petition is hereby granted and 
Harley-Davidson Motor Company, Inc. is consequently exempted from the 
obligation to provide notification of, and remedy for, the subject 
noncompliance in the affected vehicles under 49. U.S.C. 30118 and 
30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the subject motorcycles that Harley-Davidson no longer 
controlled at the time it determined that the noncompliance existed. 
However, on the granting of this petition does not relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant 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. 2017-23209 Filed 10-24-17; 8:45 am]
BILLING CODE 4910-59-P

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 VerDate Sep<11>2014 22:06 Oct 24, 2017 Jkt 244001 PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

49476 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices noncompliance, as required by 49 Harley-Davidson has met its burden of Safety Standard (FMVSS) No. 101, U.S.C. 30120, should be granted. persuasion that the FMVSS No. 120 Controls and Displays, and FMVSS No. To view Harley-Davidson’s petition noncompliance is inconsequential as it 135, Light Vehicle Brake Systems. PCNA analyses in its entirety you can visit relates to motor vehicle safety. filed a noncompliance report dated https://www.regulations.gov by Accordingly, Harley-Davidson’s petition March 16, 2017. PCNA also petitioned following the online instructions for is hereby granted and Harley-Davidson NHTSA on March 17, 2017, for a accessing the dockets and by using the Motor Company, Inc. is consequently decision that the subject noncompliance docket ID number for this petition exempted from the obligation to provide is inconsequential as it relates to motor shown in the heading of this notice. notification of, and remedy for, the vehicle safety. NHTSA Decision subject noncompliance in the affected ADDRESSES: For further information on vehicles under 49. U.S.C. 30118 and this decision contact Stu Seigel, Office NHTSA Analysis: NHTSA has 30120. evaluated the merits of Harley of Vehicle Safety Compliance, the NHTSA notes that the statutory National Highway Traffic Safety Davidson’s inconsequential provisions (49 U.S.C. 30118(d) and noncompliance petition and has Administration (NHTSA), telephone 30120(h)) that permit manufacturers to (202) 366–5287, facsimile (202) 366– determined that this particular file petitions for a determination of noncompliance is inconsequential to 3081. inconsequentiality allow NHTSA to motor vehicle safety. Specifically, the 49 exempt manufacturers only from the SUPPLEMENTARY INFORMATION: C.F.R Part 567 label containing the duties found in sections 30118 and I. Overview: Porsche Cars North FMVSS No. 120 S5.3 rim information 30120, respectively, to notify owners, America, Inc. (PCNA), on behalf of Dr. incorrectly identifies the rear-wheel rim purchasers, and dealers of a defect or Ing. h.c.F. Porsche AG (PAG), has size as 18 X 4.50 instead of 18 X 4.25. noncompliance and to remedy the determined that certain model year NHTSA has concluded that the defect or noncompliance. Therefore, this (MY) 2017 Porsche 911 Turbo and mislabeling noncompliance does not decision only applies to the subject Porsche 911 Turbo Cabriolet motor affect motor vehicle safety because the motorcycles that Harley-Davidson no vehicles do not fully comply with 18 X 4.50 rim size identified on the paragraph S5.2.1 of FMVSS No. 101, longer controlled at the time it certification label is compatible with Controls and Displays, and paragraph determined that the noncompliance both the tire fitted to the vehicle and to S5.5.5 of FMVSS No. 135, Light Vehicle existed. However, on the granting of this the tire specified on the label (which are Brake Systems. PCNA filed a petition does not relieve vehicle the same in this case). Also, the noncompliance report dated March 16, distributors and dealers of the intended rim and tire sizing 2017, pursuant to 49 CFR part 573, prohibitions on the sale, offer for sale, combination is available and accessible Defect and Noncompliance or introduction or delivery for from multiple sources and locations. introduction into interstate commerce of Responsibility and Reports. PCNA The 2016 Tire and Rim Association the noncompliant vehicles under their petitioned NHTSA on March 17, 2017, guide for rim contours for motorcycle control after Harley-Davidson notified pursuant to 49 U.S.C. 30118(d) and tires, indicates that both the 4.25-inch them that the subject noncompliance 30120(h) and 49 CFR part 556, for an and the 4.50-inch rim widths are existed. exemption from the notification and approved rim contours for the tire size Authority: 49 U.S.C. 30118, 30120: remedy requirements of 49 U.S.C. (150/70R18), which is the size specified delegations of authority at 49 CFR 1.95 and Chapter 301 on the basis that this on the certification label and the size of 501.8 noncompliance is inconsequential as it the tires fitted to the vehicle. Therefore, relates to motor vehicle safety. use of either rim size is acceptable for Jeffrey M. Giuseppe, the tire indicated and tire/rim mismatch Notice of receipt of the petition was Director, Office of Vehicle Safety Compliance. published with a 30-day public should not occur. [FR Doc. 2017–23209 Filed 10–24–17; 8:45 am] If the rim size listed on the comment period, on April 11, 2017, in certification label is not used to BILLING CODE 4910–59–P the Federal Register (82 FR 17507). No determine tire and rim combination comments were received. To view the when either is being replaced, there are petition and all supporting documents DEPARTMENT OF TRANSPORTATION log onto the Federal Docket numerous other sources and locations of that information available to the Management System (FDMS) Web site National Highway Traffic Safety consumer and service technician. These at: https://www.regulations.gov/. Then Administration sources include: (1) The correct wheel follow the online search instructions to size imprinted on the wheel, (2) correct [Docket No. NHTSA–2017–0023; Notice 2] locate docket number ‘‘NHTSA–2017– wheel size shown in the original 0023.’’ Porsche Cars North America, Inc., II. Vehicles Involved: Approximately equipment and recommended Grant of Petition for Decision of 17 MY 2017 Porsche 911 Turbo and replacement tires table in the Harley- Inconsequential Noncompliance Porsche 911 Turbo Cabriolet motor Davidson Genuine Motor Parts and Accessories Catalog, (3) the correct tire AGENCY: National Highway Traffic vehicles, manufactured between May size listed in the Owner’s Manual, and Safety Administration (NHTSA), 31, 2016, and January 11, 2017, are (4) the correct tire size listed on the Department of Transportation (DOT). potentially involved. sidewall of the tire originally installed ACTION: Grant of petition. III. Noncompliance: PCNA explains that the noncompliance is that the sradovich on DSK3GMQ082PROD with NOTICES on the wheel rim. In particular, we agree with Harley-Davidson’s assertion that SUMMARY: Porsche Cars North America, telltales used for Brake Warning, Park source number ‘‘4’’ is the most likely Inc. (PCNA), on behalf of Dr. Ing. h.c.F. Brake Warning and Antilock Braking place for consumers to look when Porsche AG (PAG), has determined that System (ABS) failure warnings are replacing tires and rims to verify tire certain model year (MY) 2017 Porsche displayed using International size. 911 Turbo and Porsche 911 Turbo Organization for Standardization (ISO) NHTSA’S Decision: In consideration Cabriolet motor vehicles do not fully symbols instead of the words ‘‘Brake’’ of the foregoing, NHTSA finds that comply with Federal Motor Vehicle and ‘‘ABS’’ as required by paragraph VerDate Sep<11>2014 22:06 Oct 24, 2017 Jkt 244001 PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1


Document Created: 2017-10-25 01:17:27
Document Modified: 2017-10-25 01:17:27
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
ActionGrant of petition.
FR Citation82 FR 49475 
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