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

Topics:  Harley-Davidson Sportster

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
25 October 2017

[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49475-49476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23209]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0128; 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 model year (MY) 2016-2017 Harley-Davidson XL 
1200CX Roadster motorcycles do not fully comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 120, Tire selection and rims and 
motor home/recreation vehicle trailer load carrying capacity 
information for motor vehicles with a GVWR of more than 4,536 kilograms 
(10,000 pounds). Harley-Davidson filed a noncompliance information 
report dated November 4, 2016. Harley-Davidson also petitioned NHTSA on 
November 28, 2016, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

ADDRESSES: For further information on this decision, contact Kerrin 
Bressant, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-1110, 
facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Harley-Davidson Motor Company, Inc. (Harley-Davidson), 
has determined that certain model year (MY) 2016-2017 Harley-Davidson 
XL 1200CX Roadster motorcycles do not fully comply with paragraph 
S5.3.2 of Federal Motor Vehicle Safety Standard (FMVSS) No. 120, Tire 
selection and rims and motor home/recreation vehicle trailer load 
carrying capacity information for motor vehicles with a GVWR of more 
than 4,536 kilograms (10,000 pounds). Harley-Davidson filed a report 
dated November 4, 2016, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. Harley-Davidson also 
petitioned NHTSA on November 28, 2016, pursuant to 49 U.S.C. 30118(d) 
and 30120(h) and 49 CFR part 556, for an exemption from the 
notification and remedy requirements of 49 U.S.C. Chapter 301 on the 
basis that this noncompliance is inconsequential as it relates to motor 
vehicle safety.
    Notice of receipt of the petition was published with a 30-day 
public comment period, on April 7, 2017, in the Federal Register (82 FR 
17074). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2016-0128.''
    II. Vehicles Involved: Approximately 2,352 MY 2016-2017 Harley-
Davidson XL 1200CX Roadster motorcycles manufactured between March 8, 
2016 and August 23, 2016, are potentially involved.
    III. Noncompliance: Harley-Davidson explains that the noncompliance 
is that the certification label on the subject vehicles incorrectly 
identifies the rear wheel rim size as 18 X 4.50 instead of 18 X 4.25, 
and therefore does not meet the requirements of paragraph S5.3.2 of 
FMVSS No. 120.
    IV. Rule Text: paragraph 5.3 of FMVSS No. 120 states:
    Each vehicle shall show the information specified in S5.3.1. and 
S5.3.2 . . . in the English language, lettered in block capitals and 
numerals not less than 2.4 millimeters high and in the format set forth 
following this paragraph. This information shall appear either:
    (a) After each GAWR listed on the certification label required by 
Sec.  567.4 or Sec.  567.5 of this chapter; or at the option of the 
manufacturer,
    (b) On the tire information label affixed to the vehicle in the 
manner, location, and form described in Sec.  567.4(b) through (f) of 
this chapter as appropriate of each GVWR-GAWR combination listed on the 
certification label.
    Paragraph S5.3.2 of FMVSS No. 120 states:

    S5.3.2 Rims. The size designation and, if applicable, the type 
designation of Rims (not necessarily those on the vehicle) 
appropriate for those tires.

    V. Summary of Harley-Davidson's Petition: Harley-Davidson described 
the subject noncompliance and stated its belief that the noncompliance 
is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Harley-Davidson submitted the following 
reasoning:
    1. Harley-Davidson believes this labeling noncompliance is 
inconsequential to motor vehicle safety because consumers have the 
following sources to reliably identify the correct tire and rim 
combination:
    a. The correct tire size is listed on the sidewall of the tire 
originally installed on the rim;
    b. The correct tire, including tire size, is listed in the Owner's 
Manual;
    c. The correct wheel size is shown in the Original Equipment & 
Recommended Replacement Tires table in the Harley-Davidson Genuine 
Motor Parts and Accessories catalog; and
    d. The correct wheel size is imprinted in the wheel.
    Harley-Davidson believes these sources, particularly the tire size 
information listed on the rear tire's sidewall, are the most likely 
places for consumers to look when replacing tires and rims.
    2. Harley-Davidson states that NHTSA has granted petitions for 
inconsequential noncompliance for similar labeling errors regarding the 
rim size or the omission of the rim size. (Please see Harley-Davidson's 
petition for a complete list of referenced petitions.)
    In these cases, Harley-Davidson stated that the agency reasoned 
that consumers were unlikely to mismatch tires and rims because ``the 
rim size information can be found in the vehicle's owner's manual or on 
the rim itself, and the tire size information is available from 
multiple sources including the owner's manual, the sidewalls of the 
tires on the vehicle and on the tire placard or information label 
located on the door or door opening. The rim size can be derived using 
this tire information.
    3. The incorrect rim size on the subject motorcycles' certification 
label is unlikely to expose operators to a significantly greater risk 
than an operator riding a compliant motorcycle. Operators have several 
reliable sources to assist them in correctly matching the rims and 
tires.
    4. Lastly, Harley-Davidson is not aware of any warranty claims, 
field reports, customer complaints, legal claims, or any incidents or 
injuries related to the subject condition.
    Harley-Davidson concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the

[[Page 49476]]

noncompliance, as required by 49 U.S.C. 30120, should be granted.
    To view Harley-Davidson's petition analyses in its entirety you can 
visit https://www.regulations.gov by following the online instructions 
for accessing the dockets and by using the docket ID number for this 
petition shown in the heading of this notice.

NHTSA Decision

    NHTSA Analysis: NHTSA has evaluated the merits of Harley Davidson's 
inconsequential noncompliance petition and has determined that this 
particular noncompliance is inconsequential to motor vehicle safety. 
Specifically, the 49 C.F.R Part 567 label containing the FMVSS No. 120 
S5.3 rim information incorrectly identifies the rear-wheel rim size as 
18 X 4.50 instead of 18 X 4.25. NHTSA has concluded that the 
mislabeling noncompliance does not affect motor vehicle safety because 
the 18 X 4.50 rim size identified on the certification label is 
compatible with both the tire fitted to the vehicle and to the tire 
specified on the label (which are the same in this case). Also, the 
intended rim and tire sizing combination is available and accessible 
from multiple sources and locations.
    The 2016 Tire and Rim Association guide for rim contours for 
motorcycle tires, indicates that both the 4.25-inch and the 4.50-inch 
rim widths are approved rim contours for the tire size (150/70R18), 
which is the size specified on the certification label and the size of 
the tires fitted to the vehicle. Therefore, use of either rim size is 
acceptable for the tire indicated and tire/rim mismatch should not 
occur.
    If the rim size listed on the certification label is not used to 
determine tire and rim combination when either is being replaced, there 
are numerous other sources and locations of that information available 
to the consumer and service technician. These sources include: (1) The 
correct wheel size imprinted on the wheel, (2) correct wheel size shown 
in the original equipment and recommended replacement tires table in 
the Harley-Davidson Genuine Motor Parts and Accessories Catalog, (3) 
the correct tire size listed in the Owner's Manual, and (4) the correct 
tire size listed on the sidewall of the tire originally installed on 
the wheel rim. In particular, we agree with Harley-Davidson's assertion 
that source number ``4'' is the most likely place for consumers to look 
when replacing tires and rims to verify tire size.
    NHTSA'S Decision: In consideration of the foregoing, NHTSA finds 
that Harley-Davidson has met its burden of persuasion that the FMVSS 
No. 120 noncompliance is inconsequential as it relates to motor vehicle 
safety. Accordingly, Harley-Davidson's petition is hereby granted and 
Harley-Davidson Motor Company, Inc. is consequently exempted from the 
obligation to provide notification of, and remedy for, the subject 
noncompliance in the affected vehicles 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, on 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 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,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-23209 Filed 10-24-17; 8:45 am]
BILLING CODE 4910-59-P