Harley-Davidson Motor Company, Receipt of Petition for Decision of Inconsequential Noncompliance |
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Topics: Harley-Davidson Softail
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Otto G. Matheke III
National Highway Traffic Safety Administration
12 June 2020
[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35987-35989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12714]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0077; Notice 1]
Harley-Davidson Motor Company, 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, (Harley-Davidson), has
determined that certain model year (MY) 2018-2019 Harley-Davidson
Softail 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 report dated June 20,
2019. Harley-Davidson subsequently petitioned NHTSA on July 17, 2019,
for a decision that the subject noncompliance is inconsequential as it
relates to motor vehicle safety. This document announces receipt of
Harley-Davidson's petition.
DATES: The closing date for comments on the petition is July 13, 2020.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket number cited in the title of this notice and may be submitted by
any of the following methods:
Mail: Send comments by mail addressed to the 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 Delivery: Deliver comments by hand to the 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 for Federal Holidays.
Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://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 confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the dockets. The docket ID number for this petition is shown
in the heading of this notice.
DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).
SUPPLEMENTARY INFORMATION:
I. Overview: Harley-Davidson has determined that certain MY 2018-
2019 Harley-Davidson Softail motorcycles, do not fully comply with
paragraph S5.3.1 of 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)
(49 CFR 571.120). Harley-Davidson filed a noncompliance report for the
motorcycles dated June 20, 2019, pursuant to 49 CFR part 573, Defect
and Noncompliance Responsibility and Reports. Harley-Davidson
petitioned NHTSA on July 17,
[[Page 35988]]
2019, 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, pursuant to 49
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for
Inconsequential Defect or Noncompliance.
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 exercises of judgment concerning the merits of the
petition.
II. Motorcycles Involved: Approximately 12,931 MY 2018-2019 Harley-
Davidson Softail FXBB Street Bob and FXLR Low Rider motorcycles,
manufactured between June 22, 2017, and June 11, 2019, are potentially
involved.
III. Noncompliance: Harley-Davidson explains that the noncompliance
is that the subject motorcycles are equipped with a certification label
which incorrectly states the recommended cold inflation pressure for
the front tires and therefore, does not fully comply with paragraph
S5.3.1 of FMVSS No. 120. Specifically, at the inflation pressure stated
on the certification label, the load ratings of the front tires per the
Tire and Rim Association Year Book (TRA Year Book) are less than the
stated front gross axle weight ratings (GAWR) of the motorcycles.
IV. Rule Requirements: Paragraphs S5.1.2 and S5.3.1 of FMVSS No.
120 provide the relevant requirements to this petition. Under FMVSS 120
S5.1.2, the sum of the maximum load ratings of the tires fitted to an
axle shall be not less than the GAWR of the axle system as specified on
the vehicle's certification label required by 49 CFR part 567. FMVSS
120 S5.3.1 requires the tire size designation (not necessarily for the
tires on the vehicle) and the recommended cold inflation pressure for
those tires such that the sum of the load ratings of the tires on each
axle (when the tires' load carrying capacity at the specified pressure
is reduced by dividing by 1.10, in the case of a tire subject to FMVSS
No. 109) is appropriate for the GAWR as calculated in accordance with
S5.1.2.
V. Summary of Harley-Davidson's Petition: The following views and
arguments presented in this section, V. Summary of Harley-Davidson's
petition, are the views and arguments provided by Harley-Davidson. They
have not been evaluated by the Agency and do not reflect the views of
the Agency.
Harley-Davidson described the subject noncompliance and stated that
the noncompliance is inconsequential as it relates to motor vehicle
safety. Harley-Davidson submitted the following views and arguments in
support of the petition:
The front wheel of the FXBB motorcycle is fitted with a Dunlop
D401F 100/90-19 57H BW tire as original equipment. The model has a GAWR
of 450 lbs., but at the recommended inflation level shown on the
certification label (i.e., 30 psi), the calculated load rating of the
front tire according to the TRA Year Book is 386 lbs. Because the
FXBB's GAWR is 450 lbs., the tire's load rating at its recommended
inflation pressure is 64 lbs. below the specified front GAWR.
The front wheel of the FXLR motorcycle is fitted with a Michelin
Scorcher ``31'' 100/90B19 62H BW tire as original equipment. The front
axle has a GAWR of 450 lbs., but at the recommended inflation level
shown on the certification label (i.e., 30 psi), the calculated load
rating of the front tire according to the TRA Year Book is 443 lbs.
Because the FXLR's GAWR is 450 lbs., the tire's load rating at its
recommended inflation pressure is 7 lbs. below the specified front
GAWR.
Harley-Davidson cited NHTSA as explaining that the GAWR
``formalizes the decision each manufacturer makes about the load-
bearing ability of the tires, rims, axle, brakes, and suspension
components (at a minimum) chosen to support and control the loaded
vehicle.'' See 42 FR 7140 (February 7, 1977). FMVSS No. 120 S5.3.1
seeks to ensure that the combination of the tire size designation and
the recommended cold inflation pressure can support and control the
loaded vehicle.
In its views, despite the load rating of the tires at the
recommended inflation pressure as stated in the TRA Year Book falling
below the GAWR, Harley-Davidson contends that the noncompliant tires
were designed to carry a greater load than specified. Harley-Davidson
supported its position by submitting test results conducted by their
respective tire manufacturers (Michelin and Dunlop) to confirm that the
subject tires could be safely operated on the motorcycles at 30 psi to
support the GAWRs of 450 lbs. Accordingly, Harley-Davidson believes the
noncompliance is inconsequential to motor vehicle safety.
For the Dunlop tire, Harley-Davidson commissioned an endurance test
that tracks the testing conditions in FMVSS 119 S7.2 and Table III. The
test simulated the three phases of the endurance test detailed in Table
III of FMVSS 119 at the recommended tire pressure of 41 psi beginning
with maximum sidewall load and increasing the load at each phase. The
test also added a fourth, extended phase that tested the tire at the
recommended tire pressure (30 psi). The phases break down as follows:
Phase 1: 100% maximum sidewall load (507 lbs.) for 4 hours
totaling 200 miles;
Phase 2: 108% maximum sidewall load (549 lbs.) for 6 hours
totaling 300 miles;
Phase 3: 117% maximum sidewall load (594 lbs.) for 24
hours totaling 1,200 miles; and
Phase 4: 125% of the gross axle load (495 lbs., derived by
applying the 0.88 correction factor under the FMVSS 119 test procedure)
for 8,300 miles at 30 psi.
In total, the four-phase endurance test ran the tire for 10,000
total miles at loads above the stated GAWR of the motorcycles. The tire
passed all four phases of the endurance test. Based on the endurance
test results--including the worst-case scenario of Phase 4--the load
carrying capacity of the Dunlop tire at 30 psi would adequately support
a GAWR of 450 lbs.
For the Michelin Scorcher tire, which is the original fitment for
the FXLR model and optional/replacement fitment for the FXBB model,
Harley-Davidson worked with Michelin to confirm that the Scorcher
``31'' could be operated safely at a recommended tire pressure of 30
psi on both of these models when loaded to the full GAWR of 450 lbs.
Michelin confirmed the performance of the tires through a high-speed
test on a smooth drum by inflating the tire to 30 psi, applying a load
of 450 lbs., and running the tire at a maximum speed of 210 kph (130
mph). Based on its testing, Michelin provided Harley-Davidson with
letters certifying that the tire would adequately support a GAWR of 450
lbs.
Harley-Davidson added that the above-referenced Dunlop and Michelin
tires are the only fitments specified as original or replacement
equipment for the two model types of motorcycles. Based upon this
factor and the test results from its tire manufacturers, Harley-
Davidson concluded that the noncompliance does not expose the rider of
the noncompliant motorcycles to a significantly greater risk than a
rider on a compliant motorcycle. 69 FR at 19900. While the recommended
inflation pressure of 30 psi would reduce the tire's load rating as
stated in the TRA Year Book, the tire's actual load carrying capacity
is sufficient to allow the motorcycles to be safely operated at the
full GAWR of 450 lbs. Accordingly, Harley-Davidson believes that the
difference is inconsequential to motor vehicle safety. Harley-Davidson
[[Page 35989]]
also noted that NHTSA has previously granted a petition for
inconsequential noncompliance where the recommended cold inflation
pressure on the certification label was below the appropriate ``GAWR as
calculated in accordance with S5.1.2''. See 55 FR 49365 (November 27,
1990).
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 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.
Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-12714 Filed 6-11-20; 8:45 am]
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