[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35987-35989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12714]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0077; Notice 1]


Harley-Davidson Motor Company, Receipt of Petition for Decision 
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Harley-Davidson Motor Company, (Harley-Davidson), has 
determined that certain model year (MY) 2018-2019 Harley-Davidson 
Softail 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 report dated June 20, 
2019. Harley-Davidson subsequently petitioned NHTSA on July 17, 2019, 
for a decision that the subject noncompliance is inconsequential as it 
relates to motor vehicle safety. This document announces receipt of 
Harley-Davidson's petition.

DATES: The closing date for comments on the petition is July 13, 2020.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket number cited in the title of this notice and may be submitted by 
any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal Holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language, and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the dockets. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

SUPPLEMENTARY INFORMATION: 
    I. Overview: Harley-Davidson has determined that certain MY 2018-
2019 Harley-Davidson Softail motorcycles, do not fully comply with 
paragraph S5.3.1 of 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) 
(49 CFR 571.120). Harley-Davidson filed a noncompliance report for the 
motorcycles dated June 20, 2019, pursuant to 49 CFR part 573, Defect 
and Noncompliance Responsibility and Reports. Harley-Davidson 
petitioned NHTSA on July 17,

[[Page 35988]]

2019, 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, pursuant to 49 
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for 
Inconsequential Defect or Noncompliance.
    This notice of receipt, of Harley-Davidson's petition, is published 
under 49 U.S.C. 30118 and 30120 and does not represent any agency 
decision or other exercises of judgment concerning the merits of the 
petition.
    II. Motorcycles Involved: Approximately 12,931 MY 2018-2019 Harley-
Davidson Softail FXBB Street Bob and FXLR Low Rider motorcycles, 
manufactured between June 22, 2017, and June 11, 2019, are potentially 
involved.
    III. Noncompliance: Harley-Davidson explains that the noncompliance 
is that the subject motorcycles are equipped with a certification label 
which incorrectly states the recommended cold inflation pressure for 
the front tires and therefore, does not fully comply with paragraph 
S5.3.1 of FMVSS No. 120. Specifically, at the inflation pressure stated 
on the certification label, the load ratings of the front tires per the 
Tire and Rim Association Year Book (TRA Year Book) are less than the 
stated front gross axle weight ratings (GAWR) of the motorcycles.
    IV. Rule Requirements: Paragraphs S5.1.2 and S5.3.1 of FMVSS No. 
120 provide the relevant requirements to this petition. Under FMVSS 120 
S5.1.2, the sum of the maximum load ratings of the tires fitted to an 
axle shall be not less than the GAWR of the axle system as specified on 
the vehicle's certification label required by 49 CFR part 567. FMVSS 
120 S5.3.1 requires the tire size designation (not necessarily for the 
tires on the vehicle) and the recommended cold inflation pressure for 
those tires such that the sum of the load ratings of the tires on each 
axle (when the tires' load carrying capacity at the specified pressure 
is reduced by dividing by 1.10, in the case of a tire subject to FMVSS 
No. 109) is appropriate for the GAWR as calculated in accordance with 
S5.1.2.
    V. Summary of Harley-Davidson's Petition: The following views and 
arguments presented in this section, V. Summary of Harley-Davidson's 
petition, are the views and arguments provided by Harley-Davidson. They 
have not been evaluated by the Agency and do not reflect the views of 
the Agency.
    Harley-Davidson described the subject noncompliance and stated that 
the noncompliance is inconsequential as it relates to motor vehicle 
safety. Harley-Davidson submitted the following views and arguments in 
support of the petition:
    The front wheel of the FXBB motorcycle is fitted with a Dunlop 
D401F 100/90-19 57H BW tire as original equipment. The model has a GAWR 
of 450 lbs., but at the recommended inflation level shown on the 
certification label (i.e., 30 psi), the calculated load rating of the 
front tire according to the TRA Year Book is 386 lbs. Because the 
FXBB's GAWR is 450 lbs., the tire's load rating at its recommended 
inflation pressure is 64 lbs. below the specified front GAWR.
    The front wheel of the FXLR motorcycle is fitted with a Michelin 
Scorcher ``31'' 100/90B19 62H BW tire as original equipment. The front 
axle has a GAWR of 450 lbs., but at the recommended inflation level 
shown on the certification label (i.e., 30 psi), the calculated load 
rating of the front tire according to the TRA Year Book is 443 lbs. 
Because the FXLR's GAWR is 450 lbs., the tire's load rating at its 
recommended inflation pressure is 7 lbs. below the specified front 
GAWR.
    Harley-Davidson cited NHTSA as explaining that the GAWR 
``formalizes the decision each manufacturer makes about the load-
bearing ability of the tires, rims, axle, brakes, and suspension 
components (at a minimum) chosen to support and control the loaded 
vehicle.'' See 42 FR 7140 (February 7, 1977). FMVSS No. 120 S5.3.1 
seeks to ensure that the combination of the tire size designation and 
the recommended cold inflation pressure can support and control the 
loaded vehicle.
    In its views, despite the load rating of the tires at the 
recommended inflation pressure as stated in the TRA Year Book falling 
below the GAWR, Harley-Davidson contends that the noncompliant tires 
were designed to carry a greater load than specified. Harley-Davidson 
supported its position by submitting test results conducted by their 
respective tire manufacturers (Michelin and Dunlop) to confirm that the 
subject tires could be safely operated on the motorcycles at 30 psi to 
support the GAWRs of 450 lbs. Accordingly, Harley-Davidson believes the 
noncompliance is inconsequential to motor vehicle safety.
    For the Dunlop tire, Harley-Davidson commissioned an endurance test 
that tracks the testing conditions in FMVSS 119 S7.2 and Table III. The 
test simulated the three phases of the endurance test detailed in Table 
III of FMVSS 119 at the recommended tire pressure of 41 psi beginning 
with maximum sidewall load and increasing the load at each phase. The 
test also added a fourth, extended phase that tested the tire at the 
recommended tire pressure (30 psi). The phases break down as follows:
     Phase 1: 100% maximum sidewall load (507 lbs.) for 4 hours 
totaling 200 miles;
     Phase 2: 108% maximum sidewall load (549 lbs.) for 6 hours 
totaling 300 miles;
     Phase 3: 117% maximum sidewall load (594 lbs.) for 24 
hours totaling 1,200 miles; and
     Phase 4: 125% of the gross axle load (495 lbs., derived by 
applying the 0.88 correction factor under the FMVSS 119 test procedure) 
for 8,300 miles at 30 psi.
    In total, the four-phase endurance test ran the tire for 10,000 
total miles at loads above the stated GAWR of the motorcycles. The tire 
passed all four phases of the endurance test. Based on the endurance 
test results--including the worst-case scenario of Phase 4--the load 
carrying capacity of the Dunlop tire at 30 psi would adequately support 
a GAWR of 450 lbs.
    For the Michelin Scorcher tire, which is the original fitment for 
the FXLR model and optional/replacement fitment for the FXBB model, 
Harley-Davidson worked with Michelin to confirm that the Scorcher 
``31'' could be operated safely at a recommended tire pressure of 30 
psi on both of these models when loaded to the full GAWR of 450 lbs. 
Michelin confirmed the performance of the tires through a high-speed 
test on a smooth drum by inflating the tire to 30 psi, applying a load 
of 450 lbs., and running the tire at a maximum speed of 210 kph (130 
mph). Based on its testing, Michelin provided Harley-Davidson with 
letters certifying that the tire would adequately support a GAWR of 450 
lbs.
    Harley-Davidson added that the above-referenced Dunlop and Michelin 
tires are the only fitments specified as original or replacement 
equipment for the two model types of motorcycles. Based upon this 
factor and the test results from its tire manufacturers, Harley-
Davidson concluded that the noncompliance does not expose the rider of 
the noncompliant motorcycles to a significantly greater risk than a 
rider on a compliant motorcycle. 69 FR at 19900. While the recommended 
inflation pressure of 30 psi would reduce the tire's load rating as 
stated in the TRA Year Book, the tire's actual load carrying capacity 
is sufficient to allow the motorcycles to be safely operated at the 
full GAWR of 450 lbs. Accordingly, Harley-Davidson believes that the 
difference is inconsequential to motor vehicle safety. Harley-Davidson

[[Page 35989]]

also noted that NHTSA has previously granted a petition for 
inconsequential noncompliance where the recommended cold inflation 
pressure on the certification label was below the appropriate ``GAWR as 
calculated in accordance with S5.1.2''. See 55 FR 49365 (November 27, 
1990).
    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, any decision on 
this petition only applies to the subject motorcycles that Harley-
Davidson no longer controlled at the time it determined that the 
noncompliance existed. However, any decision on 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.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2020-12714 Filed 6-11-20; 8:45 am]
BILLING CODE 4910-59-P