Morgan 3 Wheeler Limited, Receipt of Petition for Decision of Inconsequential Noncompliance

Topics:  3 Wheeler

Claude H. Harris
National Highway Traffic Safety Administration
January 14, 2014

[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2507-2508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00568]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0102; Notice 1]


Morgan 3 Wheeler Limited, 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: Morgan 3 Wheeler Limited (Morgan) \1\ has determined that 
certain model year (MY) 2012 and 2013 Morgan model M3W three-wheeled 
motorcycles, do not fully comply with paragraph S6 of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Morgan has 
filed an appropriate report dated August 6, 2013, pursuant to 49 CFR 
part 573, Defect and Noncompliance Responsibility and Reports.
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    \1\ Morgan 3 Wheeler Limited is an English corporation that 
manufactures motor vehicles.

DATES: The closing date for comments on the petition is February 13, 
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2014.

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 at the beginning of this notice and be 
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 Deliver: 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 http://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 your comments were received, please 
enclose a stamped, self-addressed postcard with the comments. Note that 
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the 
address and times given above. The documents may also be viewed on the 
Internet at http://www.regulations.gov by following the online 
instructions for accessing the dockets. DOT's complete Privacy Act 
Statement is available for review in the Federal Register published on 
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. Morgan's petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h) 
(see implementing rule at 49 CFR part 556), Morgan submitted a petition 
for an exemption from the notification and remedy requirements of 49 
U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of Morgan'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: Affected are approximately 139 MY 2012 and 
2013 Morgan model M3W three-wheeled motorcycles manufactured during the 
period August 1, 2012 to August 14, 2013.
    III. Noncompliance: Morgan explains that the noncompliance is that 
the wind deflectors on the vehicles do not have the markings required 
by FMVSS No. 205.
    IV. Rule Text: Paragraph S6 of FMVSS No. 205 requires in pertinent 
part:

    S6.1 A prime glazing material manufacturer must certify, in 
accordance with 49 U.S.C. 30115, each piece of glazing material to 
which this standard applies that is designed--
    (a) As a component of any specific motor vehicle or camper; or
    (b) To be cut into components for use in motor vehicles or items 
of motor vehicle equipment.
    S6.2 A prime glazing manufacturer certifies its glazing by 
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in 
letters and numerals of the same size, the symbol ``DOT'' and a 
manufacturer's code mark that NHTSA assigns to the manufacturer. 
NHTSA will assign a code mark to a manufacturer after the 
manufacturer submits a written request to the Office of Vehicle 
Safety Compliance, National Highway Traffic Safety Administration, 
400 Seventh Street SW., Washington, DC 20590. The request must 
include the company name, address, and a statement from the 
manufacturer certifying its status as a prime glazing manufacturer 
as defined in S4.
    S6.3 A manufacturer or distributor who cuts a section of glazing 
material to which this standard applies, for use in a motor vehicle 
or camper, must--
    (a) Mark that material in accordance with section 7 of ANSI/SAE 
Z26.1-1996; and
    (b) Certify that its product complies with this standard in 
accordance with 49 U.S.C. 30115.

    V. Summary of Morgan's Analyses: Morgan stated its belief that the 
subject noncompliance is inconsequential to motor vehicle safety for 
the following reasons:

    a. The wind deflector fitted in the M3W uses glazing that 
conforms to item 6 ANSI 226.1-1996-windshields for motorcycles. It 
is so small (its dimensions are 1O x 5) that 
it is not requisite for driving visibility.
    b. Morgan owners will go to Morgan dealers for replacement of 
the wind deflector.
    c. The noncompliance is not likely to increase the safety risk 
to individual occupants who experience the type of injurious event 
against which the standard was designed to protect.
    d. There have been no reports of any safety issues. Both in the 
US and the rest of the world, Morgan knows of no injuries caused by 
the noncompliance.
    e. The subject noncompliance here is inconsequential in view of 
the nature of the vehicle in question because Morgan possesses 
attributes enumerated in several previous NHTSA inconsequential 
noncompliance determinations that it believes can be applied to a 
decision on its petition. See Morgan's petition for a complete 
discussion of its reasoning.

    Morgan additionally stated that it shall as regards ongoing 
production; mark the wind deflector to comply with the FMVSS No. 205 
requirements.
    In summation, Morgan believes that the described noncompliance of 
the subject vehicles is inconsequential to motor vehicle safety, and 
that its petition, to exempt from providing

[[Page 2508]]

recall notification of noncompliance as required by 49 U.S.C. 30118 and 
remedying the recall noncompliance as required by 49 U.S.C. 30120 
should be granted.
    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 vehicles that Morgan no longer 
controlled at the time it determined that the noncompliance existed. 
However, a decision on this petition cannot relieve vehicle 
distributors and dealers of the prohibitions on the sale, offer for 
sale, introduction or delivery for introduction into interstate 
commerce of the noncompliant motor vehicles under their control after 
Morgan 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)

    Issued on: January 9, 2014.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-00568 Filed 1-13-14; 8:45 am]
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