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

Topics:  Harley-Davidson XG500, Harley-Davidson XG750

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
February 4, 2015

[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6171-6172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02176]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0113; Notice 2]


Harley-Davidson Motor Company, Inc., 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: Harley-Davidson Motor Company, Inc. (Harley-Davidson) has 
determined that certain MY 2015 Harley-Davidson model XG500 and model 
XG750 motorcycles do not fully comply with speedometer markings as 
specified in table 3, footnote 4, of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 123, Motorcycle Controls and Displays. Harley-
Davidson has filed an appropriate report dated September 3, 2014, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports.

ADDRESSES: For further information on this decision contact Stuart 
Seigel, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-5287, 
facsimile (202) 366-5930.

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.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on November 21, 2014 in the Federal Register (79 
FR 69553). 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-2014-0113.''
    II. Motorcycles Involved: Affected are approximately 3,929 MY 2015 
Harley-Davidson model XG500 and model XG750 motorcycles manufactured 
from March 6, 2014 through August 12, 2014.
    III. Noncompliance: Harley-Davidson explains that the numerals on 
the speedometers of the affected motorcycles are labeled at 20 mph 
intervals instead of 10 mph intervals as required by table 3, footnote 
4, of FMVSS No. 123.
    Rule Text: Footnote 4 of FMVSS No. 123 table 3 requires in 
pertinent part:

    . . . Major graduations and numerals appear at 10 mph intervals, 
minor graduations at 5 mph intervals. . .

    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:

    (A) Harley-Davidson stated that FMVSS No. 123 does not require 
that motorcycles be

[[Page 6172]]

equipped with speedometers. Specifically, the standard only requires 
that if motorcycles are in fact equipped with a speedometer, that 
the speedometer be marked in 10 mph intervals. This has led Harley-
Davidson to believe that NHTSA has implicitly acknowledged that a 
speedometer is not, itself, necessary for the safe operation of 
motorcycles, which is consistent with NHTSA's decision in 1982 to 
rescind FMVSS No. 127 which had required installation of 
speedometers on all vehicles.
    (B) Harley-Davidson also stated that while the labeling error 
constitutes a technical noncompliance with table 3, footnote 4, of 
FMVSS No. 123, the noncompliance does not affect any aspect of 
vehicle performance--braking, steering, acceleration, visibility, 
etc. The speedometer remains fully visible to the operator and 
Harley-Davidson believes that the 20 mph numeral intervals 
adequately provide indication of speed to the rider.
    (C) Harley-Davidson believes that the lack of 10 mph numerical 
labels will not present confusion for riders, as evidenced by the 
lack of complaints, claims or incidents. Furthermore, they believe 
that motorcycle owners typically also own and operate other 
vehicles, such as passenger cars and light trucks, which are not 
subject to any speedometer graduation requirements and which, in 
many cases, are equipped with speedometers with 20 mph numeral 
intervals.

    Harley-Davidson has additionally informed NHTSA that beginning on 
August 12, 2014 it corrected the noncompliance so that the subject 
motorcycles produced on or after that date fully comply with FMVSS No. 
123.
    In summation, Harley-Davidson believes that the described 
noncompliance of the subject motorcycles 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 Decision

    NHTSA Analysis: The purpose of FMVSS No. 123 is to minimize 
accidents caused by operator error in responding to the motoring 
environment by standardizing certain motorcycle controls and displays. 
In the case of the subject vehicles, the agency believes that the 
incomplete labeling of the analog speedometers at 20 mph intervals 
instead of the 10 mph intervals as required by FMVSS No. 123 does not 
conflict with motorcycle speedometer standardization. Although numerals 
do not appear at 10 mph intervals, the fundamental components for 
motorcycle speedometer standardization are still present--MPH increase 
in a clockwise direction, major graduations appear at 10 mph interval, 
minor graduations appear at 5 mph intervals, and numerical labeling is 
provided at 20, 40, 60, 80 and 100 mph. In addition, a top speed of 110 
mph is delineated on the gauge at the required 10 mph major graduation 
which reinforces to the operator, that the major graduations are in 
fact at 10 mph intervals further reducing the likelihood of any 
speedometer confusion.
    Harley-Davidson correctly notes that UN ECE Regulation 39, a 
commonly-used international speedometer standard, states that for 
vehicles manufactured for sale in any country where imperial units are 
used, the speed shall be indicated on the dial at intervals not 
exceeding 20 mph, and commencing at 10 to 20 mph. This is consistent 
with the speedometer markings on the subject noncompliant motorcycles.
    As noted by Harley-Davidson, most motorcyclists typically own and 
operate other vehicles such as passenger vehicles and light trucks 
which must comply with FMVSS NO. 101, Controls and Displays. However, 
that standard does not specify requirements for speedometer 
graduations, numerical intervals or markings. Many of these vehicles 
have speedometer markings at 20 mph intervals. The agency believes that 
motorcyclists, accustomed to seeing speedometers with 20 mph intervals, 
will not be confused due to the omission of numerals at every 10 mph 
delineation on the subject motorcycle speedometers.
    The XG 500 and 750 models are Harley-Davidson's low-displacement 
entry-level motorcycles which tend to be operated, in part, by less 
experienced riders with limited familiarity with motorcycle controls 
and displays. With marking at 20 mph intervals versus 10, the 
speedometer face is less cluttered allowing these beginning riders to 
more easily determine vehicle speed and recognize other information 
displayed on the speedometer face such as turn signal activation, 
neutral gear position, and fuel and oil level indicators.
    The 20 mph increments on the speedometers mounted on the subject 
motorcycles, adequately provide vehicle speed indication to the vehicle 
operators. Although numerals marking some of the major 10 mph 
graduations are not present, there is no ambiguity as to the meaning of 
the graduations, and speedometer standardization between motorcycles is 
effectively maintained.
    Lastly, the Agency agrees with Harley-Davidson that the 
noncompliance does not affect any aspect of vehicle performance related 
to braking, steering, acceleration or visibility.
    NHTSA Decision: In consideration of the foregoing, NHTSA has 
decided that Harley-Davidson has met its burden of persuasion that the 
FMVSS No. 123 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Harley-Davidson's petition is hereby granted and Harley-
Davidson is exempted from the obligation of providing notification of, 
and a remedy for, that 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 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, this decision 
only applies to the subject motorcycles that Harley-Davidson 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 motorcycles 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. 2015-02176 Filed 2-3-15; 8:45 am]
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