Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 49475 

Authority: 23 U.S.C. Section 405(c)(3)(E). 

Issued in Washington, DC. 

Terry T. Shelton, 

Associate Administrator, National Center for 

Statistics and Analysis. 

[FR Doc. 2017–23124 Filed 10–24–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2016–0128; 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 model year 

(MY) 2016–2017 Harley-Davidson XL 

1200CX Roadster 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 

information report dated November 4, 

2016. Harley-Davidson also petitioned 

NHTSA on November 28, 2016, for a 

decision that the subject noncompliance 

is inconsequential as it relates to motor 

vehicle safety. 

ADDRESSES: For further information on 

this decision, contact Kerrin Bressant, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–1110, facsimile (202) 366– 

3081. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Harley-Davidson Motor 

Company, Inc. (Harley-Davidson), has 

determined that certain model year 

(MY) 2016–2017 Harley-Davidson XL 

1200CX Roadster motorcycles do not 

fully comply with paragraph S5.3.2 of 

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 report dated November 4, 2016, 

pursuant to 49 CFR part 573, Defect and 

Noncompliance Responsibility and 

Reports. Harley-Davidson also 

petitioned NHTSA on November 28, 

2016, pursuant to 49 U.S.C. 30118(d) 

and 30120(h) and 49 CFR part 556, 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. 

Notice of receipt of the petition was 

published with a 30-day public 

comment period, on April 7, 2017, in 

the Federal Register (82 FR 17074). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) Web site 

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

follow the online search instructions to 

locate docket number ‘‘NHTSA–2016– 

0128.’’ 

II. Vehicles Involved: Approximately 

2,352 MY 2016–2017 Harley-Davidson 

XL 1200CX Roadster motorcycles 

manufactured between March 8, 2016 

and August 23, 2016, are potentially 

involved. 

III. Noncompliance: Harley-Davidson 

explains that the noncompliance is that 

the certification label on the subject 

vehicles incorrectly identifies the rear 

wheel rim size as 18 X 4.50 instead of 

18 X 4.25, and therefore does not meet 

the requirements of paragraph S5.3.2 of 

FMVSS No. 120. 

IV. Rule Text: paragraph 5.3 of 

FMVSS No. 120 states: 

Each vehicle shall show the 

information specified in S5.3.1. and 

S5.3.2 . . . in the English language, 

lettered in block capitals and numerals 

not less than 2.4 millimeters high and 

in the format set forth following this 

paragraph. This information shall 

appear either: 

(a) After each GAWR listed on the 

certification label required by § 567.4 or 

§ 567.5 of this chapter; or at the option 

of the manufacturer, 

(b) On the tire information label 

affixed to the vehicle in the manner, 

location, and form described in 

§ 567.4(b) through (f) of this chapter as 

appropriate of each GVWR–GAWR 

combination listed on the certification 

label. 

Paragraph S5.3.2 of FMVSS No. 120 

states: 

S5.3.2 Rims. The size designation and, if 

applicable, the type designation of Rims (not 

necessarily those on the vehicle) appropriate 

for those tires. 

V. Summary of Harley-Davidson’s 

Petition: Harley-Davidson described the 

subject noncompliance and stated its 

belief that the noncompliance is 

inconsequential as it relates to motor 

vehicle safety. 

In support of its petition, HarleyDavidson submitted the following 

reasoning: 

1. Harley-Davidson believes this 

labeling noncompliance is 

inconsequential to motor vehicle safety 

because consumers have the following 

sources to reliably identify the correct 

tire and rim combination: 

a. The correct tire size is listed on the 

sidewall of the tire originally installed 

on the rim; 

b. The correct tire, including tire size, 

is listed in the Owner’s Manual; 

c. The correct wheel size is shown in 

the Original Equipment & 

Recommended Replacement Tires table 

in the Harley-Davidson Genuine Motor 

Parts and Accessories catalog; and 

d. The correct wheel size is imprinted 

in the wheel. 

Harley-Davidson believes these 

sources, particularly the tire size 

information listed on the rear tire’s 

sidewall, are the most likely places for 

consumers to look when replacing tires 

and rims. 

2. Harley-Davidson states that NHTSA 

has granted petitions for 

inconsequential noncompliance for 

similar labeling errors regarding the rim 

size or the omission of the rim size. 

(Please see Harley-Davidson’s petition 

for a complete list of referenced 

petitions.) 

In these cases, Harley-Davidson stated 

that the agency reasoned that consumers 

were unlikely to mismatch tires and 

rims because ‘‘the rim size information 

can be found in the vehicle’s owner’s 

manual or on the rim itself, and the tire 

size information is available from 

multiple sources including the owner’s 

manual, the sidewalls of the tires on the 

vehicle and on the tire placard or 

information label located on the door or 

door opening. The rim size can be 

derived using this tire information. 

3. The incorrect rim size on the 

subject motorcycles’ certification label 

is unlikely to expose operators to a 

significantly greater risk than an 

operator riding a compliant motorcycle. 

Operators have several reliable sources 

to assist them in correctly matching the 

rims and tires. 

4. Lastly, Harley-Davidson is not 

aware of any warranty claims, field 

reports, customer complaints, legal 

claims, or any incidents or injuries 

related to the subject condition. 

Harley-Davidson concluded by 

expressing the belief 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 


sradovich on DSK3GMQ082PROD with NOTICES
49476 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 

noncompliance, as required by 49 

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

To view Harley-Davidson’s petition 

analyses in its entirety you can visit 

https://www.regulations.gov by 

following the online instructions for 

accessing the dockets and by using the 

docket ID number for this petition 

shown in the heading of this notice. 

NHTSA Decision 

NHTSA Analysis: NHTSA has 

evaluated the merits of Harley 

Davidson’s inconsequential 

noncompliance petition and has 

determined that this particular 

noncompliance is inconsequential to 

motor vehicle safety. Specifically, the 49 

C.F.R Part 567 label containing the 

FMVSS No. 120 S5.3 rim information 

incorrectly identifies the rear-wheel rim 

size as 18 X 4.50 instead of 18 X 4.25. 

NHTSA has concluded that the 

mislabeling noncompliance does not 

affect motor vehicle safety because the 

18 X 4.50 rim size identified on the 

certification label is compatible with 

both the tire fitted to the vehicle and to 

the tire specified on the label (which are 

the same in this case). Also, the 

intended rim and tire sizing 

combination is available and accessible 

from multiple sources and locations. 

The 2016 Tire and Rim Association 

guide for rim contours for motorcycle 

tires, indicates that both the 4.25-inch 

and the 4.50-inch rim widths are 

approved rim contours for the tire size 

(150/70R18), which is the size specified 

on the certification label and the size of 

the tires fitted to the vehicle. Therefore, 

use of either rim size is acceptable for 

the tire indicated and tire/rim mismatch 

should not occur. 

If the rim size listed on the 

certification label is not used to 

determine tire and rim combination 

when either is being replaced, there are 

numerous other sources and locations of 

that information available to the 

consumer and service technician. These 

sources include: (1) The correct wheel 

size imprinted on the wheel, (2) correct 

wheel size shown in the original 

equipment and recommended 

replacement tires table in the HarleyDavidson Genuine Motor Parts and 

Accessories Catalog, (3) the correct tire 

size listed in the Owner’s Manual, and 

(4) the correct tire size listed on the 

sidewall of the tire originally installed 

on the wheel rim. In particular, we agree 

with Harley-Davidson’s assertion that 

source number ‘‘4’’ is the most likely 

place for consumers to look when 

replacing tires and rims to verify tire 

size. 

NHTSA’S Decision: In consideration 

of the foregoing, NHTSA finds that 

Harley-Davidson has met its burden of 

persuasion that the FMVSS No. 120 

noncompliance is inconsequential as it 

relates to motor vehicle safety. 

Accordingly, Harley-Davidson’s petition 

is hereby granted and Harley-Davidson 

Motor Company, Inc. is consequently 

exempted from the obligation to provide 

notification of, and remedy for, the 

subject noncompliance in the affected 

vehicles 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, on 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 vehicles 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, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2017–23209 Filed 10–24–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2017–0023; Notice 2] 

Porsche Cars North America, 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: Porsche Cars North America, 

Inc. (PCNA), on behalf of Dr. Ing. h.c.F. 

Porsche AG (PAG), has determined that 

certain model year (MY) 2017 Porsche 

911 Turbo and Porsche 911 Turbo 

Cabriolet motor vehicles do not fully 

comply with Federal Motor Vehicle 

Safety Standard (FMVSS) No. 101, 

Controls and Displays, and FMVSS No. 

135, Light Vehicle Brake Systems. PCNA 

filed a noncompliance report dated 

March 16, 2017. PCNA also petitioned 

NHTSA on March 17, 2017, for a 

decision that the subject noncompliance 

is inconsequential as it relates to motor 

vehicle safety. 

ADDRESSES: For further information on 

this decision contact Stu Seigel, Office 

of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–5287, facsimile (202) 366– 

3081. 

SUPPLEMENTARY INFORMATION: 

I. Overview: Porsche Cars North 

America, Inc. (PCNA), on behalf of Dr. 

Ing. h.c.F. Porsche AG (PAG), has 

determined that certain model year 

(MY) 2017 Porsche 911 Turbo and 

Porsche 911 Turbo Cabriolet motor 

vehicles do not fully comply with 

paragraph S5.2.1 of FMVSS No. 101, 

Controls and Displays, and paragraph 

S5.5.5 of FMVSS No. 135, Light Vehicle 

Brake Systems. PCNA filed a 

noncompliance report dated March 16, 

2017, pursuant to 49 CFR part 573, 

Defect and Noncompliance 

Responsibility and Reports. PCNA 

petitioned NHTSA on March 17, 2017, 

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

30120(h) and 49 CFR part 556, 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. 

Notice of receipt of the petition was 

published with a 30-day public 

comment period, on April 11, 2017, in 

the Federal Register (82 FR 17507). No 

comments were received. To view the 

petition and all supporting documents 

log onto the Federal Docket 

Management System (FDMS) Web site 

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

follow the online search instructions to 

locate docket number ‘‘NHTSA–2017– 

0023.’’ 

II. Vehicles Involved: Approximately 

17 MY 2017 Porsche 911 Turbo and 

Porsche 911 Turbo Cabriolet motor 

vehicles, manufactured between May 

31, 2016, and January 11, 2017, are 

potentially involved. 

III. Noncompliance: PCNA explains 

that the noncompliance is that the 

telltales used for Brake Warning, Park 

Brake Warning and Antilock Braking 

System (ABS) failure warnings are 

displayed using International 

Organization for Standardization (ISO) 

symbols instead of the words ‘‘Brake’’ 

and ‘‘ABS’’ as required by paragraph 


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