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

American Government Special Collections Reference Desk

American Government Motorcycles Topics:  Harley-Davidson Roadster

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

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
7 April 2017


[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17074-17075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06958]



[[Page 17074]]

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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.

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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

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