Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices 76183 

A 60-day Federal Register Notice 

soliciting comments on this information 

collection was published on June 13, 

2024 (89 FR 50405). 

(Authority: The Paperwork Reduction Act of 

1995; 44 U.S.C. Chapter 35, as amended; and 

49 CFR 1.49.) 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr. 

Secretary, Maritime Administration. 

[FR Doc. 2024–21104 Filed 9–16–24; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2019–0077; Notice 2] 

Harley-Davidson Motor Company, 

Denial of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA or the 

Agency), Department of Transportation 

(DOT). 

ACTION: Denial of petition. 

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. HarleyDavidson 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 and explains the denial of 

Harley-Davidson’s petition. 

FOR FURTHER INFORMATION CONTACT: 

Kamna Ralhan, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–7236. 

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). On June 20, 2019, HarleyDavidson filed a noncompliance report 

with NHTSA for the subject 

motorcycles, pursuant to 49 CFR part 

573, Defect and Noncompliance 

Responsibility and Reports. On July 17, 

2019, Harley-Davidson petitioned 

NHTSA for an exemption from the 

notification and remedy requirements of 

49 U.S.C. Chapter 301, asserting that the 

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 Harley-Davidson’s 

petition was published with a 30-day 

public comment period, on June 12, 

2020, in the Federal Register (85 FR 

35987). NHTSA did not receive any 

comments on the petition. 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–2019– 

0077.’’ 

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, when a motorcycle’s tires 

are set to the inflation pressure stated on 

the certification label, the load ratings of 

the front tires, according to 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 set forth the relevant 

requirements for which HarleyDavidson is claiming an inconsequential 

noncompliance. Pursuant to FMVSS No. 

120, S5.1.2, the sum of the maximum 

load ratings of the tires fitted to an axle 

shall not be less than the GAWR of the 

axle system as specified on the vehicle’s 

certification label, which is required by 

49 CFR part 567. Additionally, FMVSS 

No. 120, S5.3.1 requires that the sum of 

the load ratings of the tires on each axle, 

based on the tire size designation (not 

necessarily for the tires on the vehicle) 

and the recommended cold inflation 

pressure for those tires, 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 are the views 

and arguments provided by HarleyDavidson in its petition and do not 

reflect the views of the Agency. 

Harley-Davidson describes the subject 

noncompliance and states that the 

noncompliance is inconsequential as it 

relates to motor vehicle safety. In 

support of its petition, Harley-Davidson 

offers the following reasoning: 

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 when a 

motorcycle owner inflates the tire to the 

recommended inflation level that is 

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 required front tire 

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 when a 

motorcycle owner inflates the tire to 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 required front tire GAWR. 

Harley-Davidson cites 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 falling below the GAWR, 

Harley-Davidson contends that the 

noncompliant tires were designed to 

carry a greater load than specified. 

Harley-Davidson supports its position 

by submitting test results conducted by 


ddrumheller on DSK120RN23PROD with NOTICES1
76184 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices 

1See Gen. Motors, LLC; Grant of Petition for 

Decision of Inconsequential Noncompliance, 78 FR 

35355 (June 12, 2013) (finding noncompliance had 

no effect on occupant safety because it had no effect 

on the proper operation of the occupant 

classification system and the correct deployment of 

an air bag); Osram Sylvania Prods. Inc.; Grant of 

Petition for Decision of Inconsequential 

Noncompliance, 78 FR 46000 (July 30, 2013) 

(finding occupant using noncompliant light source 

would not be exposed to significantly greater risk 

than occupant using similar compliant light 

source). 

2See Morgan 3 Wheeler Limited; Denial of 

Petition for Decision of Inconsequential 

Noncompliance, 81 FR 21663, 21666 (Apr. 12, 

2016); see also United States v. Gen. Motors Corp., 

565 F.2d 754, 759 (D.C. Cir. 1977) (finding defect 

poses an unreasonable risk when it ‘‘results in 

hazards as potentially dangerous as sudden engine 

fire, and where there is no dispute that at least some 

such hazards, in this case fires, can definitely be 

expected to occur in the future’’). 

its 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 required GAWR 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 

No. 119, S7.2 and Table III. Tires for the 

test were set to the recommended tire 

pressure of 41 psi. The test simulated 

the three phases of the endurance test 

detailed in Table III of FMVSS No. 

119—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 of 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 

No. 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 

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 adds that the abovereferenced 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 concludes that the 

noncompliance does not expose the 

riders of the noncompliant motorcycles 

to a significantly greater risk than the 

riders of compliant motorcycles. 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 also notes 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). 

Harley-Davidson concludes by again 

contending 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 

noncompliance, as required by 49 

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

VI. NHTSA’s Analysis 

In determining inconsequentiality of a 

noncompliance, NHTSA focuses on the 

safety risk to individuals who 

experience the type of event against 

which a recall would otherwise 

protect.1 In general, NHTSA does not 

consider the absence of complaints or 

injuries when determining if a 

noncompliance is inconsequential to 

safety. The absence of complaints does 

not mean vehicle occupants have not 

experienced a safety issue, nor does it 

mean that there will not be safety issues 

in the future.2

Harley-Davidson explains the 

noncompliance is that, at the stated cold 

tire inflation front tire pressure listed on 

the vehicle’s certification label, the load 

rating (according to the Tire and Rim 

Association yearbook) may be less than 

the stated vehicle’s front GAWRs, and 

therefore may not comply with FMVSS 

No. 120, S5.3.1. Furthermore, HarleyDavidson asserts that although the 

certification label indicates an inflation 

pressure for the forward axle/wheel of 

30 psi, the operator is not at a 

significantly greater safety risk than if 

the front tire/wheel were inflated to the 

‘‘correct’’ inflation pressure that is 

required to achieve the vehicle’s stated 

GAWR. Harley-Davidson enlisted both 

tire manufacturers that it utilizes to 

outfit its motorcycles to conduct 

additional tire testing to verify that its 

claims are correct. 

For the Dunlop brand tire used on 

Harley-Davidson’s FXBB model 

motorcycles, Harley-Davidson 

commissioned the manufacturer to 

perform the endurance test of FMVSS 

No. 119, S7.2 and Table III consisting of 

four phases of various test loading 

conditions, tire pressures and testing 

miles. Phases 1 through 3 were run for 

a combined total of 34 hours and 1,700 

miles as well as with load up to 125 

percent greater than the maximum 

sidewall load. While for the fourth 

phase test, Dunlop ran the test at a load 

of 125% of the GAWR (495 lbs.— 

derived by applying the 0.88 correction 

factor under the FMVSS No. 119 test 

procedures) for a total of 8,300 miles 

and at 30 psi. 

The Michelin tires used by HarleyDavidson (original fitment on the 

‘‘FXLR’’ model and optional/ 

replacement fitment on the FXBB 

model) were also tested by Michelin on 

a smooth high-speed drum. The tire was 

inflated to 30 psi, run at 130 mph with 

an applied load of 450 lbs. This highspeed test resulted in a duration of 77 

minutes and equated to a distance of 

208 kilometers or 129 miles. Based upon 

these tests, Michelin certified that the 

tires would adequately support a GAWR 

of 450 lbs. 

The supplemental tire testing 

conducted by the tire manufacturers 

utilized by Harley-Davidson on the 

subject motorcycles is significant and 

does help NHTSA understand the tire’s 

potential durability at initial sale. 

However, these wheel dynamometer 

tests and live on-road usage over the 

entire useful life of the tires are not 

interchangeable. The nuances of a 

dynamic load on a tire combined with 


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Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Notices 76185 

varying road conditions, weather and 

driver reactions/abilities is not 

representative of the laboratory tests 

commissioned by Harley-Davidson. In 

addition, the reductions in tire pressure 

and load-carrying capacities for the 

given labeling error are significant. At a 

tire pressure of 30 psi for Dunlop 100/ 

90–19 57H tire, there is a 26.8% 

reduction in the required recommended 

tire pressure of 41 psi, and the loadcarrying capacity reductions range up to 

17% compared to the GAWR of the 

vehicle. Also, the 2023 TRA book 

suggests that the load-carrying capacity 

of the Dunlop tire (100/90–19 57H) at 

the recommended tire pressure of 35 psi 

should be able to withstand 450 lb, 

which is a 14.3% difference in the tire 

pressure. That being said, if the Dunlop 

tire can hold up to 450 lb then the 

recommended tire pressure on the 

certification label should be 35 psi 

instead of 30 psi. This 5 psi change is 

significant because it reduces the tire’s 

load carrying capacity by 64 lb which is 

a 17% reduction. In avoiding certain 

crashes, even the slightest change in tire 

pressure effects vehicle safety. If the 

recommended tire pressure on the 

certification label is 30 psi then the 

GAWR should be 386 lb. 

Furthermore, three out of four of the 

laboratory endurance tests performed to 

FMVSS No. 119, S7.2 and Table III 

conducted by Dunlop, were set to a 

recommended tire pressure of 41 psi 

and not 30 psi. Only one endurance test 

performed by Dunlop was conducted at 

30 psi—representing the pressure the 

tires would likely experience on-road. 

However, during this test, despite using 

loading ranging from 11.7% to 28.2% 

greater than the GAWR of the vehicle 

and conducted for 10,000 miles, these 

conditions are well below the expected 

tread life of the tires. This factor is 

heightened given that additional tire 

pressure losses are expected during 

normal use of the vehicle will reduce 

the load carrying capacity of a tires as 

the inflation pressure decreases from 30 

psi. At these pressures, the loading can 

cause premature tire wear and possible 

failures. 

Consequently, NHTSA disagrees with 

Harley-Davidson’s conclusion that the 

subject noncompliant certification label 

is inconsequential to motor vehicle 

safety. Without additional notification 

and/or follow-up, it is reasonable to 

assume motorcycle operators may 

simply observe and fill their tires to the 

significantly less safe cold tire pressure 

displayed on the incorrect motorcycle’s 

certification label. Combined with the 

lack of real world testing, owneroperators of the subject Harley-Davidson 

motorcycles may be considered to be at 

increased risk of increased bodily harm 

than those owner-operators which 

receive a unit with the correct 

compliant certification label. 

VII. NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA has decided that HarleyDavidson has not met its burden of 

persuasion that the subject FMVSS No. 

120 noncompliance is inconsequential 

to motor vehicle safety. Accordingly, 

Harley-Davidson’s petition is hereby 

denied and Harley-Davidson is 

consequently obligated to provide 

notification of and free remedy for that 

noncompliance under 49 U.S.C. 30118 

and 30120. 

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

delegations of authority at 49 CFR 1.95 and 

501.8) 

Eileen Sullivan, 

Associate Administrator for Enforcement. 

[FR Doc. 2024–21065 Filed 9–16–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2024–0047; Notice 1] 

Volkswagen Group of America, Inc., 

Receipt of Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Receipt of petition. 

SUMMARY: Volkswagen Group of 

America, Inc. (Volkswagen) has 

determined that certain model year 

(MY) 2019–2024 Volkswagen and Audi 

motor vehicles do not fully comply with 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 208, Occupant Crash 

Protection. Volkswagen filed a 

noncompliance report dated April 10, 

2024, and subsequently petitioned 

NHTSA (the ‘‘Agency’’) on May 3, 2024, 

for a decision that the subject 

noncompliance is inconsequential as it 

relates to motor vehicle safety. This 

document announces receipt of 

Volkswagen’s petition. 

DATES: Send comments on or before 

October 17, 2024. 

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 

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). 


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