Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 57171 

1The supplemental petition submitted on April 

21, 2023, was incorrectly dated as April 21, 2022. 

(Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at 49 CFR 1.95 and 

501.8.) 

Otto G. Matheke, III, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2023–18020 Filed 8–21–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0094; Notice 2] 

Hitachi Cable America Inc., Now 

Known as Proterial Cable America, 

Inc., and Harley-Davidson Motor 

Company, Receipt of Supplemental 

Petitions for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of supplemental 

petitions. 

SUMMARY: Hitachi Cable America Inc. 

(HCA), now known as Proterial Cable 

America, Inc. (PCA), and HarleyDavidson Motor Company (HarleyDavidson) (collectively, ‘‘the 

Petitioners’’) have determined that 

certain PVC, Nylon, and ‘‘Revised 

Socket’’ Nylon brake hose assemblies 

equipped in certain model year (MY) 

2008–2022 Harley-Davidson 

motorcycles, and also sold to HarleyDavidson dealers as replacement parts, 

do not fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

106, Brake Hoses. The Petitioners filed 

the appropriate noncompliance reports 

and subsequently petitioned NHTSA 

(the ‘‘Agency’’) for a decision that the 

subject noncompliance is 

inconsequential as it relates to motor 

vehicle safety. Notice of receipt was first 

published on April 13, 2023. This 

document announces receipt of the 

Petitioners’ supplemental petitions. 

DATES: The comment period for the 

notice published on April 13, 2023, at 

88 FR 22523, is extended. Send 

comments on or before September 21, 

2023. 

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 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 10:00 

a.m. to 5:00 p.m., except on 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 petitions are 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 these 

petitions 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). 

FOR FURTHER INFORMATION CONTACT: 

Manuel Maldonado, General Engineer, 

NHTSA, Office of Vehicle Safety 

Compliance, (202) 366–7235. 

SUPPLEMENTARY INFORMATION: 

I. Overview: The Petitioners 

determined that certain PVC, Nylon, 

and ‘‘Revised Socket’’ Nylon brake hose 

assemblies equipped in certain MY 

2008–2022 Harley-Davidson Touring, 

CVO Touring, Trike, Softail, Revolution 

Max, VRSC, XG750A, and XL Sportster 

motorcycles, and also sold as 

replacement parts, do not fully comply 

with paragraph S5.3 of FMVSS No. 106, 

Brake Hoses (49 CFR 571.106). 

PCA filed its initial noncompliance 

report on July 27, 2022, and amended 

the report on August 25, 2022, October 

18, 2022, October 26, 2022, November 

16, 2022, March 30, 2023, and May 15, 

2023, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. PCA 

petitioned NHTSA on August 19, 2022, 

and later amended its petition on 

November 10, 2022, December 2, 2022, 

April 21, 2023,1 and May 15, 2023, for 

an exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that the subject 

noncompliances are inconsequential as 

they relate 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. 

Harley-Davidson filed its initial 

noncompliance report on August 9, 

2022, and later amended the report on 

December 6, 2022, February 7, 2023, 

February 8, 2023, March 8, 2023, May 

11, 2023, and June 21, 2023, pursuant to 

49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Harley-Davidson petitioned 

NHTSA on September 2, 2022, and 

amended its petition on December 29, 

2022, and June 2, 2023, 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. 

Notice of receipt of the Petitioners’ 

prior petitions was published on April 

13, 2023, in the Federal Register (88 FR 

22523). To view the petitions and all 

supporting documents log onto the 

Federal Docket Management System 

(FDMS) website at https://

www.regulations.gov/. Then follow the 

online search instructions to locate 

docket number ‘‘NHTSA–2022–0094.’’ 

This notice of receipt of the 

Petitioners’ supplemental petitions is 


lotter on DSK11XQN23PROD with NOTICES1
57172 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 

2FCA US LLC, 87 FR 61432 (Oct. 11, 2022). 

3HCA notes that the Agency’s decision does not 

appear to be publicly available online, but Federal 

Mogul’s petition is available at https://

www.regulations.gov/document/NHTSA-2001-9956- 

0001. 

published under 49 U.S.C. 30118 and 

30120 and does not represent any 

Agency decision or another exercise of 

judgment concerning the merits of the 

petitions. 

II. Motorcycles and Equipment 

Involved: Approximately 6,139,858 

PVC, Nylon, and ‘‘Revised Socket’’ 

Nylon brake hose assemblies 

manufactured by PCA, between 

February 28, 2007, and October 13, 

2022, were reported by PCA as the 

population of the recall. Approximately 

1,662,246 MY 2008–2022 HarleyDavidson Touring, CVO Touring, Trike, 

Softail, Revolution Max, VRSC, 

XG750A, and XL Sportster motorcycles, 

manufactured between May 17, 2007, 

and October 16, 2022, may have been 

equipped with the noncompliant brake 

hoses assemblies manufactured by PCA, 

as reported by Harley-Davidson as the 

population of the recall. 

III. Noncompliance: The Petitioners 

explain that certain Nylon, and 

‘‘Revised Socket’’ Nylon assemblies do 

not meet constriction, whip resistance, 

water absorption and whip resistance, 

brake fluid compatibility (BFC), and 

high temperature impulse (HTI) 

requirements, and certain PVC 

assemblies did not meet the 

constriction, expansion and burst 

strength, whip resistance, water 

absorption and whip resistance, tensile 

strength, water absorption and tensile 

strength, water absorption and burst 

strength, and high temperature impulse 

requirements. Therefore, the subject 

Nylon brake hose assemblies do not 

comply with paragraphs S5.3.1, S5.3.3, 

S5.3.7, S5.3.9 and S5.3.12 of FMVSS 

No. 106. The subject PVC brake hose 

assemblies do not comply with 

paragraphs S5.3.1, S5.3.2, S5.3.3, S5.3.4, 

S5.3.6, S5.3.7, and S5.3.12 of FMVSS 

No. 106. 

IV. Rule Requirements: Paragraphs 

S5.3, S5.3.1, S5.3.2, S5.3.3, S5.3.4, 

S5.3.6, S5.3.7, S5.3.9, and S5.3.12 of 

FMVSS No. 106 include the 

requirements relevant to the petitions, 

and are broadly summarized herein. A 

hydraulic brake hose assembly must be 

capable of meeting the requirements 

when tested under the conditions 

specified in the standard and the 

applicable procedures of paragraph S6. 

Paragraph S5.3.1 pertains to the 

constriction requirement that every 

inside diameter of the brake hose 

assembly shall not be less than 64 

percent of the nominal inside diameter 

of the brake hose. Paragraph 5.3.2 

pertains to the expansion and burst 

strength requirement that the maximum 

expansion of a hydraulic brake hose 

assembly not exceed the values 

specified by Table 1 at the given psi. 

The hydraulic brake hose assembly 

must then withstand a water pressure of 

4,000 psi for 2 minutes without rupture, 

then not rupture at the less than 7,000 

psi for a 1⁄8 inch hose or smaller or at 

less than 5,000 psi for a hose with a 

diameter larger than 1⁄8 inch. Paragraph 

S5.3.3 pertains to the whip resistance 

requirement that the brake hose 

assembly not rupture when subjected to 

a 35-hour continuous run on a flexing 

machine. Paragraph S5.3.4 pertains to 

the forces that a brake hose assembly 

must withstand without separation of 

the hose from its end fittings. Paragraph 

S5.3.6 pertains to the tensile strength 

requirement that the brake hose 

assembly shall withstand after 

immersion in water for 70 hours. 

Paragraph S5.3.7 pertains to water 

absorption and whip resistance, and 

requires the hose not to rupture when 

subjected to a 35-hour continuous run 

on a flexing machine after immersion in 

water for 70 hours. Paragraph S5.3.9 

provides the requirements for BFC after 

the brake hose assembly has been 

exposed to brake fluid for a specified 

time at a specified temperature. These 

requirements include compliance with 

constriction, per S5.3.1, as well as 

withstanding water pressure of 4,000 psi 

for 2 minutes, and then shall not 

rupture at less than 5,000 psi. Paragraph 

S5.3.12 describes the HTI test, which 

requires the brake hose assembly to 

withstand pressure cycling, followed by 

a 2-minute, 4,000 psi pressure hold test, 

during which the hose shall not rupture, 

and then shall not subsequently burst at 

a pressure less than 5,000 psi. 

V. Summary of the Petitioners’ 

Supplemental Petitions: The following 

views and arguments presented in this 

section, are the views and arguments 

provided by PCA. These views and 

arguments have not been evaluated by 

the Agency and do not reflect the views 

of the Agency. PCA and HarleyDavidson contend that the additional 

noncompliances identified since their 

prior filings are also inconsequential as 

they relate to motor vehicle safety. 

On April 21, 2023, PCA submitted its 

second supplemental petition and a 

technical report in support of its 

petition for a decision of 

inconsequential noncompliance. PCA 

says that supplemental testing was 

performed on similar or affected brake 

hose assemblies and argues those test 

results support a determination of 

inconsequential noncompliance. PCA 

claims that the supplemental technical 

report shows that the subject 

noncompliances in the affected brake 

hose assemblies are inconsequential to 

motor vehicle safety because all of the 

noncompliant assemblies are ‘‘robust to 

very severe conditions that exceed 

motorcycle lifetime demands with no 

adverse impact on brake performance.’’ 

PCA says that in the contractor’s 

testing in support of its petitions and 

supplemental submissions, nearly 1,000 

assemblies overall were subjected to 

testing which included: pressure and 

time sensitivity testing, accelerated 

durability pressure, accelerated 

durability suspension stroke testing, 

field inspections of assemblies for 

evidence of fatigue, master cylinder 

leaking testing, and dynamic response 

time testing. PCA says the test results 

show that the subject noncompliances, 

including in assemblies affected by 

multiple noncompliances, ‘‘presents no 

incremental risk to motor vehicle 

safety.’’ 

PCA believes that the Agency’s 2022 

decision 2 on a petition submitted by 

FCA US LLC further supports a finding 

of inconsequentiality for the subject 

noncompliance. PCA says that FCA 

US’s petition involved constricted brake 

hose assemblies for use in four-wheeled 

vehicle. PCA says the Agency denied 

FCA’s petition because, while any 

potential safety consequence resulting 

from FCA US’s noncompliance may not 

present itself initially, it can emerge 

over the service life of the product. PCA 

argues that this concern does not apply 

to the subject brake hose assemblies 

because PCA’s contractor conducted 

testing of the subject assemblies to 

‘‘conditions far beyond what they would 

experience over a lifetime.’’ 

Furthermore, PCA says that the 

constriction level for FCA US’s 

noncompliance was 53 percent of the 

nominal inside diameter and PCA’s 

assemblies are closer to the 64 percent 

minimum required by FMVSS No. 106. 

PCA adds that the Agency may have 

denied a 2001 petition by Federal Mogul 

that involved constricted brake hoses.3

Federal Mogul described testing in its 

petition however, PCA says that their 

testing ‘‘does not appear to have 

included any accelerated aging 

component’’ and the constriction 

present in the affected assemblies 

appears to be as low as 51.2 percent. 

In addition to the decisions on 

petitions for inconsequential 

noncompliance PCA cited in its original 

petition, PCA says that the following 

decisions support a finding of 

inconsequentiality for the subject 

noncompliances: 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices 57173 

1Mack Trucks’ petition failed to include all of the 

necessary components of a petition pursuant to 49 

CFR 556.4. The petition described the 

noncompliance, but failed to include any reasoning 

for why the noncompliance is inconsequential to 

safety. A petition is required to: ‘‘Set forth all data, 

views, and arguments of the petitioner supporting 

[the] petition.’’ Id. § 556.4. Absent any reasoning, a 

petitioner cannot meet its burden of persuasion that 

a noncompliance is inconsequential to safety. Such 

an invalid petition does not require a response by 

the agency. Nevertheless, in this instance, the 

agency is publishing this notice to help ensure 

Mack Trucks and other petitioners are aware that 

a petition for inconsequentiality must be properly 

justified. In the future, the agency may reject such 

incomplete petitions without further consideration. 

• Nissan North America, Inc., Grant 

of Petition for Determination of 

Inconsequential Noncompliance; 85 FR 

39678 (July 1, 2020). 

• Kolcraft Enterprises, Inc., Grant of 

Application for Determination of 

Inconsequential Noncompliance; 63 FR 

24585 (May 4, 1998). 

PCA concludes by stating its belief 

that the subject noncompliances are 

inconsequential as they relate to motor 

vehicle safety and its petition to be 

exempted from providing notification of 

the noncompliances, as required by 49 

U.S.C. 30118, and a remedy for the 

noncompliances, as required by 49 

U.S.C. 30120, should be granted. 

On May 15, 2023, PCA submitted an 

addendum to its April 21, 2023, 

technical report. The technical report 

described testing that was in process 

and the addendum summarizes the 

completed testing and provides 

additional information concerning brake 

hoses that are affected by multiple 

noncompliances. PCA says that the 

completed testing supports the findings 

discussed in the prior technical reports. 

On June 2, 2023, Harley-Davidson 

submitted its second supplemental 

petition and a second supplemental 

technical report in support of its 

petition. Harley-Davidson summarizes 

additional vehicle and brake hose 

assembly testing that took place after its 

initial technical report which HarleyDavidson believes further supports the 

granting of its petition. Further, HarleyDavidson expanded on its prior review 

of NHTSA’s VOQ records, legal claims 

and suits, warranty data and customer 

contacts which it argues supports a 

determination of inconsequential 

noncompliance. In the second 

supplemental petition, Harley-Davidson 

adds that the Agency’s 2006 decision on 

a petition involving a noncompliance 

with FMVSS No. 213, Child Restraints, 

which Harley-Davidson believes 

‘‘highlight[s] the lack of direct 

correlation between the requirements 

for brake hose constriction and 

motorcycle safety in this specific 

vehicle application.’’ (See Grant of 

Petition for Determination of 

Inconsequential Noncompliance, 67 FR 

21798, May 1, 2002). 

VI. Prohibition on sale, offer for sale, 

introduction or delivery for introduction 

of noncompliant motor vehicle 

equipment and vehicles: 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 and 

brake hose assemblies that the 

Petitioners no longer controlled at the 

time when the Petitioners determined 

that the noncompliances existed. 

However, any decision on these 

petitions does not relieve equipment 

and motorcycle 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 and 

brake hose assemblies under their 

control. 

(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. 2023–18021 Filed 8–21–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2022–0113; Notice 2] 

Mack Trucks, Inc., Denial of Petition for 

Decision of Inconsequential 

Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Denial of petition. 

SUMMARY: Mack Trucks, Inc., (Mack 

Trucks), has determined that certain 

model year (MY) 2015–2023 Mack GU/ 

GR Class 8 trucks and truck-tractors do 

not fully comply with Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

108, Lamps, Reflective Devices, and 

Associated Equipment. Mack Trucks 

filed an original noncompliance report 

dated November 1, 2022, and amended 

the report on November 3, 2022. Mack 

Trucks petitioned NHTSA on November 

23, 2022, for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

document announces the denial of Mack 

Trucks’ petition. 

FOR FURTHER INFORMATION CONTACT: 

Leroy Angeles, Safety Compliance 

Engineer, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–5304. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Mack Trucks determined 

that certain MY 2015–2023 Mack GU/ 

GR Class 8 trucks and truck-tractors do 

not fully comply with paragraph 

S6.4.3(a) and Table V-b of FMVSS No. 

108, Lamps, Reflective Devices, and 

Associated Equipment (49 CFR 

571.108). 

Mack Trucks filed an original 

noncompliance report dated November 

1, 2022, and amended the report on 

November 3, 2022, pursuant to 49 CFR 

part 573, Defect and Noncompliance 

Responsibility and Reports. Mack 

Trucks petitioned NHTSA on November 

23, 2022, 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.1

Notice of receipt of Mack Trucks’ 

petition was published with a 30-day 

public comment period, on January 17, 

2023, in the Federal Register (88 FR 

2759). No comments were received. To 

view the petition and all supporting 

documents log onto the Federal Docket 

Management System (FDMS) website at 

https://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2022– 

0113.’’ 

II. Vehicles Involved: Approximately 

27,544 MY 2015–2023 Mack GU/GR 

Class 8 trucks and truck-tractors, 

manufactured between September 1, 

2014, and September 30, 2022, are 

potentially involved: 

III. Noncompliance: Mack Trucks 

explains that the subject vehicles are 

equipped with turn signal lamps that do 

not meet the visibility requirement at all 

angles specified by S6.4.3(a) and Table 

V–b of FMVSS No. 108. Based upon 

different axle positions and frame 

extension configurations, the forward 

turn signals on specific vehicles are not 

compliant with the 45 degree inboard 

and/or 15 degree downward angle 

visibility requirement. 

IV. Rule Requirements: Paragraph 

S6.4.3 of FMVSS No. 108 includes the 

requirements relevant to this petition. A 

manufacturer is required to certify 

compliance of each lamp function to 


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