Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 6171 

the online instructions for submitting 

comments. 

(2) Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

(3) Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., between 

9 a.m. and 5 p.m. Eastern time, Monday 

through Friday, except Federal holidays. 

(4) Fax: 202–493–2251. Instructions: 

You must include the agency name 

(Federal Transit Administration) and 

Docket number (FTA–2015–0002) for 

this notice at the beginning of your 

comments. Submit two copies of your 

comments if you submit them by mail. 

For confirmation that FTA received 

your comments, include a selfaddressed stamped postcard. All 

comments received will be posted 

without change to www.regulations.gov 

including any personal information 

provided and will be available to 

internet users. You may review DOT’s 

complete Privacy Act Statement 

published in the Federal Register on 

April 11, 2000 (65 FR 19477) or 

http://DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents and 

comments received, go to 

www.regulations.gov at any time or to 

the U.S. Department of Transportation, 

1200 New Jersey Ave SE., Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590 between 9:00 

a.m. and 5:00 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

questions about the ER Program, contact 

Adam Schildge, Office of Program 

Management, 1200 New Jersey Ave SE., 

Washington, DC 20590, phone: (202) 

366–0778, or email, adam.schildge@

dot.gov. For legal questions regarding 

the final program regulations, contact 

Bonnie Graves, Office of Chief Counsel, 

same address, phone: (202) 366–0944, or 

email, Bonnie.Graves@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Transit Administration (FTA) 

has published proposed guidance on 

FTA’s Emergency Relief (ER) Program 

for states and transit agencies that may 

be affected by a declared emergency or 

disaster and that may seek Federal 

disaster assistance for emergency related 

expenses. This guidance document, 

Reference Manual for States & Transit 

Agencies on Response and Recovery 

from Declared Disasters and FTA’s 

Emergency Relief Program, includes 

information on disaster relief resources 

available for transit systems from both 

FTA and FEMA, in addition to detailed 

program guidance and application 

instructions for FTA’s Emergency Relief 

Program. This manual has been 

produced in coordination with FEMA, 

and incorporates current guidance on 

FEMA disaster relief programs. This 

includes guidance for transit agencies 

on the appropriate circumstances under 

which to apply to FTA or FEMA for 

disaster relief assistance. 

This reference manual includes 

background information on other 

sources of Federal disaster relief 

assistance, in addition to recommended 

practices for states and transit agencies 

for disaster preparation and response, 

that was previously included in 

‘‘Response and Recovery from Declared 

Emergencies and Disasters: A Reference 

for Transit Agencies.’’ This information 

has been updated and is contained in 

Chapters 1, 2 and 3 of this reference 

manual. 

Guidance specific to FTA’s ER 

Program is contained in Chapter 4 of 

this reference manual. This includes an 

overview of eligible recipients, eligible 

projects, application procedures, and 

other key program policies and 

requirements. The guidance in this 

manual is based on final program 

regulations published on October 7, 

2014 at 49 CFR part 602 (79 FR 60349), 

which were developed through a public 

notice and comment process. In 

addition, the guidance document 

includes previously issued policy 

statements and information from 

Federal Register notices that FTA 

published subsequent to Hurricane 

Sandy. The document has been placed 

in the docket and has been posted on 

FTA’s Web site at www.fta.dot.gov/

emergencyrelief. With this notice, FTA 

invites public comment on this 

proposed guidance. 

Therese W. McMillan, 

Acting Administrator. 

[FR Doc. 2015–02137 Filed 2–3–15; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2014–0113; 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. 

SUMMARY: Harley-Davidson Motor 

Company, Inc. (Harley-Davidson) has 

determined that certain MY 2015 

Harley-Davidson model XG500 and 

model XG750 motorcycles do not fully 

comply with speedometer markings as 

specified in table 3, footnote 4, of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 123, Motorcycle Controls 

and Displays. Harley-Davidson has filed 

an appropriate report dated September 

3, 2014, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. 

ADDRESSES: For further information on 

this decision contact Stuart Seigel, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5287, facsimile (202) 366– 

5930. 

SUPPLEMENTARY INFORMATION: 

I. Harley-Davidson’s Petition: 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) (see implementing rule at 49 

CFR part 556), Harley-Davidson 

submitted a petition for an exemption 

from the notification and remedy 

requirements of 49 U.S.C. Chapter 301 

on the basis that this noncompliance is 

inconsequential to motor vehicle safety. 

Notice of receipt of the petition was 

published, with a 30-day public 

comment period, on November 21, 2014 

in the Federal Register (79 FR 69553). 

No comments were received. To view 

the petition and all supporting 

documents log onto the Federal Docket 

Management System (FDMS) Web site 

at: http://www.regulations.gov/. Then 

follow the online search instructions to 

locate docket number ‘‘NHTSA–2014– 

0113.’’ 

II. Motorcycles Involved: Affected are 

approximately 3,929 MY 2015 HarleyDavidson model XG500 and model 

XG750 motorcycles manufactured from 

March 6, 2014 through August 12, 2014. 

III. Noncompliance: Harley-Davidson 

explains that the numerals on the 

speedometers of the affected 

motorcycles are labeled at 20 mph 

intervals instead of 10 mph intervals as 

required by table 3, footnote 4, of 

FMVSS No. 123. 

Rule Text: Footnote 4 of FMVSS No. 

123 table 3 requires in pertinent part: 

. . . Major graduations and numerals 

appear at 10 mph intervals, minor 

graduations at 5 mph intervals. . . 

V. Summary of HARLEYDAVIDSON’s Analyses: HarleyDavidson stated its belief that the 

subject noncompliance is 

inconsequential to motor vehicle safety 

for the following reasons: 

(A) Harley-Davidson stated that FMVSS 

No. 123 does not require that motorcycles be 

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6172 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 

equipped with speedometers. Specifically, 

the standard only requires that if motorcycles 

are in fact equipped with a speedometer, that 

the speedometer be marked in 10 mph 

intervals. This has led Harley-Davidson to 

believe that NHTSA has implicitly 

acknowledged that a speedometer is not, 

itself, necessary for the safe operation of 

motorcycles, which is consistent with 

NHTSA’s decision in 1982 to rescind FMVSS 

No. 127 which had required installation of 

speedometers on all vehicles. 

(B) Harley-Davidson also stated that while 

the labeling error constitutes a technical 

noncompliance with table 3, footnote 4, of 

FMVSS No. 123, the noncompliance does not 

affect any aspect of vehicle performance— 

braking, steering, acceleration, visibility, etc. 

The speedometer remains fully visible to the 

operator and Harley-Davidson believes that 

the 20 mph numeral intervals adequately 

provide indication of speed to the rider. 

(C) Harley-Davidson believes that the lack 

of 10 mph numerical labels will not present 

confusion for riders, as evidenced by the lack 

of complaints, claims or incidents. 

Furthermore, they believe that motorcycle 

owners typically also own and operate other 

vehicles, such as passenger cars and light 

trucks, which are not subject to any 

speedometer graduation requirements and 

which, in many cases, are equipped with 

speedometers with 20 mph numeral 

intervals. 

Harley-Davidson has additionally 

informed NHTSA that beginning on 

August 12, 2014 it corrected the 

noncompliance so that the subject 

motorcycles produced on or after that 

date fully comply with FMVSS No. 123. 

In summation, Harley-Davidson 

believes that the described 

noncompliance of the subject 

motorcycles is inconsequential to motor 

vehicle safety, and that its petition, to 

exempt Harley-Davidson from providing 

recall notification of noncompliance as 

required by 49 U.S.C. 30118 and 

remedying the recall noncompliance as 

required by 49 U.S.C. 30120 should be 

granted. 

NHTSA Decision 

NHTSA Analysis: The purpose of 

FMVSS No. 123 is to minimize 

accidents caused by operator error in 

responding to the motoring environment 

by standardizing certain motorcycle 

controls and displays. In the case of the 

subject vehicles, the agency believes 

that the incomplete labeling of the 

analog speedometers at 20 mph 

intervals instead of the 10 mph intervals 

as required by FMVSS No. 123 does not 

conflict with motorcycle speedometer 

standardization. Although numerals do 

not appear at 10 mph intervals, the 

fundamental components for motorcycle 

speedometer standardization are still 

present—MPH increase in a clockwise 

direction, major graduations appear at 

10 mph interval, minor graduations 

appear at 5 mph intervals, and 

numerical labeling is provided at 20, 40, 

60, 80 and 100 mph. In addition, a top 

speed of 110 mph is delineated on the 

gauge at the required 10 mph major 

graduation which reinforces to the 

operator, that the major graduations are 

in fact at 10 mph intervals further 

reducing the likelihood of any 

speedometer confusion. 

Harley-Davidson correctly notes that 

UN ECE Regulation 39, a commonlyused international speedometer 

standard, states that for vehicles 

manufactured for sale in any country 

where imperial units are used, the speed 

shall be indicated on the dial at 

intervals not exceeding 20 mph, and 

commencing at 10 to 20 mph. This is 

consistent with the speedometer 

markings on the subject noncompliant 

motorcycles. 

As noted by Harley-Davidson, most 

motorcyclists typically own and operate 

other vehicles such as passenger 

vehicles and light trucks which must 

comply with FMVSS NO. 101, Controls 

and Displays. However, that standard 

does not specify requirements for 

speedometer graduations, numerical 

intervals or markings. Many of these 

vehicles have speedometer markings at 

20 mph intervals. The agency believes 

that motorcyclists, accustomed to seeing 

speedometers with 20 mph intervals, 

will not be confused due to the 

omission of numerals at every 10 mph 

delineation on the subject motorcycle 

speedometers. 

The XG 500 and 750 models are 

Harley-Davidson’s low-displacement 

entry-level motorcycles which tend to 

be operated, in part, by less experienced 

riders with limited familiarity with 

motorcycle controls and displays. With 

marking at 20 mph intervals versus 10, 

the speedometer face is less cluttered 

allowing these beginning riders to more 

easily determine vehicle speed and 

recognize other information displayed 

on the speedometer face such as turn 

signal activation, neutral gear position, 

and fuel and oil level indicators. 

The 20 mph increments on the 

speedometers mounted on the subject 

motorcycles, adequately provide vehicle 

speed indication to the vehicle 

operators. Although numerals marking 

some of the major 10 mph graduations 

are not present, there is no ambiguity as 

to the meaning of the graduations, and 

speedometer standardization between 

motorcycles is effectively maintained. 

Lastly, the Agency agrees with HarleyDavidson that the noncompliance does 

not affect any aspect of vehicle 

performance related to braking, steering, 

acceleration or visibility. 

NHTSA Decision: In consideration of 

the foregoing, NHTSA has decided that 

Harley-Davidson has met its burden of 

persuasion that the FMVSS No. 123 

noncompliance is inconsequential to 

motor vehicle safety. Accordingly, 

Harley-Davidson’s petition is hereby 

granted and Harley-Davidson is 

exempted from the obligation of 

providing notification of, and a remedy 

for, that noncompliance 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, 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 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). 

Jeffrey M. Giuseppe, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2015–02176 Filed 2–3–15; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2015–0004] 

Pipeline Safety: Information Collection 

Activities 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

PHMSA invites comments on an 

information collection identified under 

Office of Management and Budget 

(OMB) Control No. 2137–0047, titled 

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