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

Topics:  Morgan 3-Wheeler

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
June 6, 2014

[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32818-32819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13194]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0102; Notice 2]


Morgan 3 Wheeler Limited, 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: 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.

ADDRESSES: For further information on this decision contact Luis 
Figueroa, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5298, 
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facsimile (202) 366-5930.

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.
    Notice of receipt of the August 15, 2013, petition was published, 
with a 30-day public comment period, on January 14, 2014, in the 
Federal Register (79 FR 2507). No comments were received. To view the 
petition and all supporting documents log onto the Federal Docket 
Management System (FDMS) Web site at: http://www.regulations.gov/. Then 
follow the online search instructions to locate docket number ``NHTSA-
2013-0102.''

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''x5'') 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 
U.S. 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 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.

VI. NHTSA Decision

    FMVSS No. 205 specifies labeling and performance requirements for 
automotive glazing. Section S6 of FMVSS No. 205 requires glazing 
material manufacturers to certify, in accordance with 49 U.S.C. 30115, 
each piece of glazing material to which this standard applies. A prime 
glazing material manufacturer certifies its glazing by adding the marks 
required in Section 7 of ANSI Z26.1 (1996), the symbol ``DOT'' and a 
manufacturer's code mark assigned by the NHTSA's Office of Vehicle 
Safety Compliance.

[[Page 32819]]

Section 7 of ANSI Z26.1 (1996) requires manufacturers to mark 
automotive glazing with the item of glazing number, e.g., ``AS-1''. 
Section 7 of ANSI Z26.1 (1996) states that the item of glazing number 
is to be placed in close proximity to other required markings.
    According to the petition, the nature of the noncompliance is the 
lack of markings as required in FMVSS No. 205 and ANSI Z26.1 (1996).
    NHTSA has reviewed Morgan's petition and for the reasons listed 
below, believes that in this case the noncompliance is inconsequential 
to vehicle safety.
    There are two issues that are being addressed by the labeling and 
marking requirements of FMVSS No. 205. One is certification and the 
other is information on the glazing manufacturer and item of glazing.
    Morgan stated that the wind deflector meets the requirements of 
FMVSS No. 205 (except marking requirements) for item of glazing number 
6 (AS-6). In this particular situation NHTSA will allow Morgan's 
certification statement a surrogate for certification labeling.
    The information on the glazing manufacturer and item of glazing 
could be relevant during replacement of the wind deflector. The 
probability of obtaining unmarked glazing is nonexistent since spare 
glazing is to be obtained through Morgan's dealers and the noncompliant 
population (139 items) is already mounted on the motorcycles and sold 
to customers.
    In addition, Morgan stated that the glazing manufacturer has taken 
steps to correct the problem that caused the noncompliance.
    In consideration of the foregoing, NHTSA has decided that Morgan 
has met its burden of persuasion that the FMVSS No. 205 noncompliance 
is inconsequential to motor vehicle safety. Accordingly, Morgan's 
petition is hereby granted and Morgan is exempted from the obligation 
of providing notification of, and a remedy for, the subject 
noncompliance 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 allows 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 noncompliant vehicles that 
Morgan no longer controlled at the time it determined that the 
noncompliance existed. However, 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 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)

Jeffrey M. Giuseppe,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-13194 Filed 6-5-14; 8:45 am]
BILLING CODE 4910-59-P