Federal Register/Vol. 79, No. 225/Friday, November 21, 2014
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69554 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices Federal Register published on April 11, had required installation of Authority: 49 U.S.C. 30118, 30120: 2000, (65 FR 19477–78). speedometers on all vehicles. delegations of authority at 49 CFR 1.95 and The petition, supporting materials, (B) Harley-Davidson also stated that 501.8. and all comments received before the while the labeling error constitutes a Jeffrey M. Giuseppe, close of business on the closing date technical noncompliance with table 3, Acting Director, Office of Vehicle Safety indicated below will be filed and will be footnote 4, of FMVSS No. 123, the Compliance. considered. All comments and noncompliance does not affect any [FR Doc. 2014–27587 Filed 11–20–14; 8:45 am] aspect of vehicle performance—braking, supporting materials received after the BILLING CODE 4910–59–P closing date will also be filed and will steering, acceleration, visibility, etc. The be considered to the extent possible. speedometer remains fully visible to the When the petition is granted or denied, operator and Harley-Davidson believes DEPARTMENT OF TRANSPORTATION notice of the decision will be published that the 20 mph numeral intervals in the Federal Register pursuant to the adequately provide indication of speed National Highway Traffic Safety authority indicated below. to the rider. Administration (C) Harley-Davidson believes that the SUPPLEMENTARY INFORMATION: lack of 10 mph numerical labels will not [Docket No. NHTSA–2014–0107; Notice 1] I. Harley-Davidson’s Petition: present confusion for riders, as Continental Tire the Americas, LLC, Pursuant to 49 U.S.C. 30118(d) and evidenced by the lack of complaints, 30120(h) (see implementing rule at 49 Receipt of Petition for Decision of claims or incidents. Furthermore, they Inconsequential Noncompliance CFR part 556), Harley-Davidson believe that motorcycle owners typically submitted a petition for an exemption also own and operate other vehicles, AGENCY: National Highway Traffic from the notification and remedy such as passenger cars and light trucks, Safety Administration (NHTSA), requirements of 49 U.S.C. Chapter 301 which are not subject to any Department of Transportation (DOT). on the basis that this noncompliance is speedometer graduation requirements ACTION: Receipt of Petition. inconsequential to motor vehicle safety. and which, in many cases, are equipped This notice of receipt of Harley- with speedometers with 20 mph SUMMARY: Continental Tire the Davidson’s petition is published under numeral intervals. Americas, LLC (CTA) has determined 49 U.S.C. 30118 and 30120 and does not Harley-Davidson has additionally that certain Continental General represent any agency decision or other informed NHTSA that beginning on Altimax RT43 replacement tires do not exercise of judgment concerning the August 22, 2014 it corrected the fully comply with paragraphs S5.5(c) merits of the petition. noncompliance so that all future and (f) of Federal Motor Vehicle Safety II. Motorcycles Involved: Affected are production of the subject motorcycles Standard (FMVSS) No. 139, New approximately 3,929 MY 2015 Harley- comply with FMVSS No. 123. Pneumatic Radial Tires for Light Davidson model XG500 and model In summation, Harley-Davidson Vehicles. CTA has filed an appropriate XG750 motorcycles manufactured from believes that the described report dated August 19, 2014, pursuant March 6, 2014 through August 12, 2014. noncompliance of the subject to 49 CFR part 573, Defect and III. Noncompliance: Harley-Davidson motorcycles is inconsequential to motor Noncompliance Responsibility and explains that due to a label design error vehicle safety, and that its petition, to Reports. the numerals on the speedometers of the exempt Harley-Davidson from providing DATES: The closing date for comments affected motorcycles are labeled at 20 recall notification of noncompliance as on the petition is December 22, 2014. mph intervals instead of 10 mph required by 49 U.S.C. 30118 and ADDRESSES: Interested persons are intervals as required by table 3, footnote remedying the recall noncompliance as invited to submit written data, views, 4, of FMVSS No. 123. required by 49 U.S.C. 30120 should be and arguments on this petition. Rule Text: Footnote 4 of FMVSS No. granted. Comments must refer to the docket and 123 table 3 requires in pertinent part: NHTSA notes that the statutory notice number cited at the beginning of provisions (49 U.S.C. 30118(d) and . Major graduations and numerals appear this notice and submitted by any of the 30120(h)) that permit manufacturers to following methods: at 10 mph intervals, minor graduations at 5 file petitions for a determination of • mph intervals. Mail: Send comments by mail inconsequentiality allow NHTSA to addressed to: U.S. Department of V. Summary of HARLEY– exempt manufacturers only from the Transportation, Docket Operations, M– DAVIDSON’s Analyses: Harley- duties found in sections 30118 and 30, West Building Ground Floor, Room Davidson stated its belief that the 30120, respectively, to notify owners, W12–140, 1200 New Jersey Avenue SE., subject noncompliance is purchasers, and dealers of a defect or Washington, DC 20590. inconsequential to motor vehicle safety noncompliance and to remedy the • Hand Deliver: Deliver comments by for the following reasons: defect or noncompliance. Therefore, any hand to: U.S. Department of (A) Harley-Davidson stated that decision on this petition only applies to Transportation, Docket Operations, M– FMVSS No. 123 does not require that the subject motorcycles that Harley- 30, West Building Ground Floor, Room motorcycles be equipped with Davidson no longer controlled at the W12–140, 1200 New Jersey Avenue SE., speedometers. Specifically, the standard time it determined that the Washington, DC 20590. The Docket only requires that if motorcycles are in noncompliance existed. However, any Section is open on weekdays from 10 fact equipped with a speedometer, that decision on this petition does not a.m. to 5 p.m. except Federal Holidays. the speedometer must be marked in 10 relieve vehicle distributors and dealers • Electronically: Submit comments mph intervals. This has led Harley- of the prohibitions on the sale, offer for electronically by: logging onto the Davidson to believe that NHTSA has sale, or introduction or delivery for Federal Docket Management System implicitly acknowledged that a introduction into interstate commerce of (FDMS) Web site at http:// speedometer is not, itself, necessary for the noncompliant motorcycles under www.regulations.gov/. Follow the online the safe operation of motorcycles, which their control after Harley-Davidson instructions for submitting comments. is consistent with NHTSA’s decision in notified them that the subject Comments may also be faxed to (202) 1982 to rescind FMVSS No. 122 which noncompliance existed. 493–2251. VerDate Sep<11>2014 18:00 Nov 20, 2014 Jkt 235001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\21NON1.SGM 21NON1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 69555 Comments must be written in the describe the maximum inflation subject tire sidewalls as the source of English language, and be no greater than pressure as required by paragraph 5.5 (c) information for the recommended 15 pages in length, although there is no and the actual number plies in the tread inflation pressure will not result in an limit to the length of necessary area of the tires as required by overloading of the tires or their load attachments to the comments. If paragraph S5.5(f) of FMVSS No. 139. carrying capacity. CTA says this is comments are submitted in hard copy Specifically, the 195/65R15 91T General because both values (300 kPa and 350 form, please ensure that two copies are Altimax RT43 tires were manufactured kPa) are above the inflation pressure of provided. If you wish to receive with ‘‘Max Inflation Pressure: 350 kPa 250 kPa (36 PSI) at which the tire’s confirmation that your comments were (51 PSI); Tread: 1 Polyester + 2 Steel + maximum load capacity is defined by received, please enclose a stamped, self- 2 Polyamide.’’ The correct labeling and the European Tyre and Rim Technical addressed postcard with the comments. stamping should have been ‘‘Max Organisation (ETRTO) standard. Note that all comments received will be Inflation Pressure: 300 kPa (44 PSI); (C) Strength: CTA stated that each posted without change to http:// Tread: 1 Polyester + 2 Steel + 1 standard load tire has a specified tire www.regulations.gov, including any Polyamide.’’ The 195/65R15 91H strength requirement. Which is defined personal information provided. General Altimax RT43 tires were in paragraph S6.5 of FMVSS No. 139 Documents submitted to a docket may manufactured with ‘‘Max Inflation (and paragraph S5.3 of FMVSS No. 109) be viewed by anyone at the address and Pressure 300 kPa (44 PSI); Tread: 1 and must be met whether the selected times given above. The documents may Polyester + 2 Steel + 1 Polyamide.’’ The maximum permissible pressure marking also be viewed on the Internet at correct labeling and stamping should value is 240 kPa (35 PSI), 300 kPa (44 http://www.regulations.gov by following have been ‘‘Max Inflation Pressure 350 PSI), or 350 kPa (51 PSI). CTA believes the online instructions for accessing the kPa (51 PSI); Tread: 1 Polyester + 2 Steel that both of the subject tires meet this dockets. DOT’s complete Privacy Act + 2 Polyamide.’’ requirement. Statement is available for review in the V. Rule Text: Paragraph S5.5(c) and (f) (D) Incidents: CTA stated that they are Federal Register published on April 11, of FMVSS No. 139 requires in pertinent not aware of any crashes, injuries, 2000, (65 FR 19477–78). part: customer complaints, or field reports The petition, supporting materials, S5.5 Tire Markings. Except as specified in associated with the subject and all comments received before the paragraphs (a) through (i) of S5.5, each tire noncompliance.