[Federal Register Volume 68, Number 22 (Monday, February 3, 2003)]
[Notices]
[Pages 5336-5337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2426]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-14229]


Kawasaki Motors Corporation, U.S.A., Notice of Application for 
Decision of Inconsequential Noncompliance

    Kawasaki Motors Corporation U.S.A. of Irvine, California (``KMC''), 
has determined that some 2002 and 2003 model year Kawasaki motorcycles 
produced for sale in the U.S. fail to comply with a requirement in 
Federal Motor Vehicle Safety Standards (FMVSS) No. 123, ``Motorcycle 
Controls and Displays.'' The motorcycles in question have ignition 
switches which are not labeled with the word ``ignition.'' Pursuant to 
49 U.S.C. 30118(d) and 30120(h), KMC has petitioned for a determination 
that this noncompliance is inconsequential to motor vehicle safety so 
that KMC would be exempted from recall and remedy requirements.
    KMC filed an appropriate report with the agency pursuant to 49 CFR 
part 573, ``Defect and Noncompliance Reports.'' The report indicates 
that KMC produced 7,630 noncompliant motorcycles, all of which are 
Vulcan 1500 models. That includes 4,450 model VN1500-P1 (MY2002) and 
3,180 model VN1500-P2 (MY2003) motorcycles with this noncompliance as 
of October 18, 2002.
    We are publishing this notice of receipt of the KMC application as 
required by 49 U.S.C. 30118 and 30120. This action does not represent 
any agency decision or other exercise of judgment concerning the merits 
of the application.
    FMVSS No. 123 standardizes motorcycle controls to minimize the risk 
of crashes resulting from operator errors in the use of controls. In 
FMVSS No. 123, paragraph S5.2.3 specifies that certain motorcycle 
components must be labeled as listed in Table 3 of the Standard. Table 
3, Item no. 1, specifies that the ignition shall be labeled with the 
word ``ignition'' as well as the word ``off'' at the appropriate 
ignition switch position. Proper labeling of the ignition helps to 
ensure that a rider who needs to quickly turn off a motorcycle for 
safety reasons will be able to locate, identify, and operate the 
ignition control.
    KMC described the operation of the motorcycles with the 
noncompliance as follows:

    The ignition switch is located in a pod positioned immediately 
in front of the operator, just ahead of the fuel filler opening on 
the top of the fuel tank. The switch is operated by an ignition key 
and has three positions, sequentially in a clockwise direction: 
``off'' where the ignition is disabled; ``on'' where the ignition is 
enabled; and ``park'' where the ignition is disabled but minimal 
lighting functions are enabled. These ignition switch positions are 
labeled on a metal plate that surrounds the ignition switch and 
which also contains the turn signal indicator lamps, neutral and 
high beam indicators. Unlike standard automotive practice, the 
ignition switch does not operate the starter motor--the starter 
button is located on the handlebar. Starting the motorcycle involves 
insertion of the key into the switch and turning the ignition to the 
``on'' position, then operating the separate starter button. An 
operator would not be able to start the engine inadvertently by 
using only the ignition switch.

    KMC stated the following in support of its application for 
inconsequential noncompliance:

    No safety consequences attach to the omission of the 
``ignition'' identification for the switch. Operators are familiar 
with the function and location of the ignition switch as well as the 
use of the ignition key to operate the switch. The location of the 
switch, in combination with frequently referenced displays such as 
turn signal, neutral, and high beam indicators means that the 
operator is quite familiar with the switch and its location, and 
experiences no adverse consequences from the lack of ``ignition'' 
identification for the switch. In fact, an operator unable to 
identify the ignition switch, due to the lack of labeling, would be 
unable to start or operate the motorcycle in the first place.

    The other ignition switch labeling, i.e., the word ``off'' at the 
appropriate switch position, is present as required, and the remainder 
of the vehicle controls and displays otherwise meet the requirements of 
FMVSS No. 123.
    KMC is not aware of any accidents, injuries, owner complaints or 
field reports for the subject vehicles related to

[[Page 5337]]

this condition and has received no communications of any kind from 
owners, dealers, or anyone else indicating any awareness of the missing 
label.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590. It is requested that two copies be 
submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below. Comment 
closing date: March 5, 2003.

(49 U.S.C. 301118, 301120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: January 27, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-2426 Filed 1-31-03; 8:45 am]
BILLING CODE 4910-59-P