Harley-Davidson Motor Company, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Harley-Davidson FL
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
July 7, 2014
[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Notices]
[Pages 38360-38361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15797]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2014-0055; 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) 2009-2014 Harley-Davidson FL
Touring family motorcycles do not fully comply with paragraph S6.1.3 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps,
reflective devices, and associated equipment. Harley-Davidson has filed
an appropriate report dated April 7, 2014, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports.
DATES: The closing date for comments on the petition is August 6, 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
[[Page 38361]]
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. Harley-Davidson's Petition
Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Harley-Davidson 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 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
Affected are approximately 343,680 MY 2009-2014 Harley-Davidson FL
Touring family motorcycles manufactured between June 10, 2008 and March
25, 2014.
III. Noncompliance
Harley-Davidson explains that the noncompliance is that the
location of the rear reflex reflectors on the subject vehicles are
mounted between an average of 0.3'' and 0.7'' below the required 15''
height-above-road surface as required by paragraph S6.1.3 of FMVSS No.
108.
IV. Rule Text
Paragraph S6.1.3.1 of FMVSS No. 108 requires in pertinent part:
S6.1.3.1 Each lamp, reflective device, and item of associated
equipment must be securely mounted on a rigid part of the vehicle,
other than glazing, that is not designed to be removed except for
repair, within the mounting location and height limits as specified
in Table I, and in a location where it complies with all applicable
photometric requirements, effective projected luminous lens area
requirements, and visibility requirements with all obstructions
considered.
V. Summary of Harley-Davidson's Analyses
Harley-Davidson stated its belief that the subject noncompliance is
inconsequential to motor vehicle safety for the following reasons:
Harley-Davidson had a third-party conduct testing on the
subject motorcycles and reflex reflectors and they exhibited no
reduction in conspicuity as compared to compliant vehicles. The
independent company tested five test heights, for a test range of 11''-
15'' height above-road surface, and all five tests far exceeded the
minimum required values at each of the 10 test points specified in
Table XVI. Due to the substantial safety margin designed into these
reflex reflectors, photometry remained well above the minimums even
when mounted a full 4'' inches below the minimum mounting height.
Harley-Davidson believes that the lower mounting height of
these reflectors may actually increase conspicuity and motor vehicle
safety compared to fully compliant (higher mounted) reflectors.
Harley-Davidson notes that the United Nations ECE
regulations specify a minimum mounting height of 9.84'' (240mm). And
further notes that in one study of daytime side vehicle conspicuity of
motorcycles, NHTSA's researchers concluded that the mounting height of
the side reflex reflectors (12 inches vs 15 inches) was an
``insignificant'' factor for vehicle identification distance.
Harley-Davidson further states that under FMVSS No. 108,
tail lamps and license plate lamps on motorcycles are required to be
illuminated whenever the headlamp is activated. And that since all
Harley-Davidson models are equipped with automatic headlights on (AHO)
functionality, the headlamps and tail lamps are automatically
illuminated when the ignition is in the on position, thus providing
conspicuity during daylight and darkness while the motorcycle is
operating.
Harley-Davidson also made reference to a withdrawal of rulemaking
regarding a lower height for reflex reflectors.
Harley-Davidson has additionally informed NHTSA that it has
corrected the noncompliance so that all future production motorcycles
will comply with FMVSS No. 108.
In summation, Harley-Davidson believes that the described
noncompliance of the subject vehicles is inconsequential to motor
vehicle safety, and that its petition, to exempt Harley-Davidson 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.
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,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-15797 Filed 7-3-14; 8:45 am]
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