Harley-Davidson Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance |
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Topics: Harley-Davidson Sportster
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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]
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