[Federal Register Volume 68, Number 167 (Thursday, August 28, 2003)]
[Notices]
[Pages 51827-51828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22041]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2003-14229; Notice 2]


Kawasaki Motors Corporation, U.S.A.; Grant 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 Standard (FMVSS) No. 123, ``Motorcycle 
Controls and Displays''. The motorcycles in question have ignition 
switches that 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 and 
has filed an appropriate report pursuant to 49 CFR part 573, ``Defect 
and Noncompliance Reports''.
    Notice of receipt of the application was published, with a 30-day 
comment period, on February 3, 2003, in the Federal Register (67 FR 
72026). NHTSA received no comment on this application.
    Federal Motor Vehicle Safety Standard 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 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.
    Kawasaki Motors Corporation 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

[[Page 51828]]

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.

    Kawasaki Motors Corporation 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 comply with the requirements of 
FMVSS No. 123.
    In their application, KMC stated that it is unaware of any 
accidents, injuries, owner complaints or field reports for the subject 
vehicles vis-[agrave]-vis this noncompliance, and has received no 
communications of any kind from owners, dealers, or anyone else 
indicating any awareness of the missing label.
    After reviewing KMC's application, NHTSA concludes that the 
noncompliance of KMC with respect to FMVSS No. 123 does not constitute 
a consequential vehicle safety concern. Motorcycles, including the non-
complying Kawasaki motorcycles, are equipped with an engine kill switch 
located on the right handlebar where it is within reach of the rider's 
right hand. A motorcycle operator confronted with the need to quickly 
shut off the engine can do so without moving his hand from the 
handgrip. By using the kill switch, there is no need for the operator 
to locate the ignition switch. As a result, the missing label on the 
ignition switch should not prevent immediate engine shut-down.
    Accordingly, KMC's application is granted and the applicant is 
exempted from providing the notification of the noncompliance as 
required by 49 U.S.C. 30118, and from remedying the noncompliance as 
required by 49 U.S.C. 30120.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
501.8)

    Issued on: August 15, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-22041 Filed 8-27-03; 8:45 am]
BILLING CODE 4910-59-M