[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69558-69559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27583]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2014-0055; 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) 2009-2014 Harley-Davidson FL 
Touring motorcycles do not fully comply with paragraph S6.1.3 of 
Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, 
reflective devices, and associated equipment. Harley-Davidson has filed 
an appropriate report dated April 7, 2014, pursuant to 49 CFR part 573, 
Defect and Noncompliance Responsibility and Reports.

ADDRESSES: For further information on this decision contact Mike Cole, 
Office of Vehicle Safety Compliance, the National Highway Traffic 
Safety Administration (NHTSA), telephone (202) 366-2334, 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 July 7, 2014 in the Federal Register (79 FR 
38360). 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-2014-0055.''
    II. Vehicles Involved: Affected are approximately 343,680 MY 2009-
2014 Harley-Davidson FL Touring motorcycles manufactured between June 
10, 2008 and March 25, 2014.
    III. Noncompliance: Harley-Davidson explains that the noncompliance 
is that the location of the rear reflex reflectors on the subject 
vehicles are mounted between an average of 0.3<gr-thn-eq> to 
0.7<gr-thn-eq> below the required 15<gr-thn-eq> height-above-road 
surface as required by paragraph S6.1.3 of FMVSS No. 108.
    IV. Rule Text: Paragraph S6.1.3.1 of FMVSS No. 108 requires in 
pertinent part:

    S6.1.3.1 Each lamp, reflective device, and item of associated 
equipment must be securely mounted on a rigid part of the vehicle, 
other than glazing, that is not designed to be removed except for 
repair, within the mounting location and height limits as specified 
in Table I, and in a location where it complies with all applicable 
photometric requirements, effective projected luminous lens area 
requirements, and visibility requirements with all obstructions 
considered.

    V. Summary of Harley-Davidson's Analyses: Harley-Davidson stated 
its belief that the subject noncompliance is inconsequential to motor 
vehicle safety for the following reasons:
    <bullet> Harley-Davidson had a third-party conduct testing on the 
subject motorcycles and reflex reflectors and they exhibited no 
reduction in conspicuity as compared to compliant vehicles. The 
independent company tested five test heights, for a test range of 
11<gr-thn-eq>-15<gr-thn-eq> height above-road surface, and all five 
tests far exceeded the minimum required values at each of the 10 test 
points specified in Table XVI. Due to the substantial safety margin 
designed into these reflex reflectors, photometry remained well above 
the minimums even when mounted a full 4<gr-thn-eq> inches below the 
minimum mounting height.
    <bullet> Harley-Davidson believes that the lower mounting height of 
these reflectors may actually increase conspicuity and motor vehicle 
safety compared to fully compliant (higher mounted) reflectors.
    <bullet> Harley-Davidson notes that the United Nations ECE 
regulations specify a minimum mounting height of 9.84<gr-thn-eq> 
(240mm). And further notes that in one study of daytime side vehicle

[[Page 69559]]

conspicuity of motorcycles, NHTSA's researchers concluded that the 
mounting height of the side reflex reflectors (12 inches vs 15 inches) 
was an ``insignificant'' factor for vehicle identification distance.
    <bullet> Harley-Davidson further states that under FMVSS No. 108, 
tail lamps and license plate lamps on motorcycles are required to be 
illuminated whenever the headlamp is activated. And that since all 
Harley-Davidson models are equipped with automatic headlights on (AHO) 
functionality, the headlamps and tail lamps are automatically 
illuminated when the ignition is in the on position, thus providing 
conspicuity during daylight and darkness while the motorcycle is 
operating.
    Harley-Davidson also made reference to a withdrawal of rulemaking 
regarding a lower height for reflex reflectors.
    Harley-Davidson has additionally informed NHTSA that it has 
corrected the noncompliance so that all future production motorcycles 
will comply with FMVSS No. 108.
    In summation, Harley-Davidson believes that the described 
noncompliance of the subject vehicles 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: NHTSA has reviewed and accepts Harley-Davidson's 
analyses that the subject noncompliance is inconsequential to motor 
vehicle safety.
    The primary function of a reflex reflector is to reduce accidents 
by permitting early detection of an unlighted motor vehicle approaching 
an intersection or parked by the side of the road. NHTSA has concluded 
that the test data provided by Harley-Davidson relative to the 
photometric performance of the reflex reflectors as mounted on the 
subject motorcycles is sufficient justification for NHTSA to concur 
with Harley-Davidson's assessment that the location of the rear reflex 
reflectors as mounted on the subject vehicles poses little if any risk 
to motor vehicle safety.
    NHTSA Decision: In consideration of the foregoing, NHTSA has 
decided that Harley-Davidson has met its burden of persuasion that the 
FMVSS No. 108 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. 2014-27583 Filed 11-20-14; 8:45 am]
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