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

Topics:  Harley-Davidson FL

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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