[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Pages 2507-2508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00568]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2013-0102; Notice 1]
Morgan 3 Wheeler Limited, 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: Morgan 3 Wheeler Limited (Morgan) \1\ has determined that
certain model year (MY) 2012 and 2013 Morgan model M3W three-wheeled
motorcycles, do not fully comply with paragraph S6 of Federal Motor
Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials. Morgan has
filed an appropriate report dated August 6, 2013, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports.
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\1\ Morgan 3 Wheeler Limited is an English corporation that
manufactures motor vehicles.
DATES: The closing date for comments on the petition is February 13,
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2014.
ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
Mail: Send comments by mail addressed to: 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 Deliver: Deliver comments by hand to: 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
Federal Holidays.
Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at http://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 your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
SUPPLEMENTARY INFORMATION:
I. Morgan's petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), Morgan submitted a petition
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety.
This notice of receipt of Morgan's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
II. Vehicles involved: Affected are approximately 139 MY 2012 and
2013 Morgan model M3W three-wheeled motorcycles manufactured during the
period August 1, 2012 to August 14, 2013.
III. Noncompliance: Morgan explains that the noncompliance is that
the wind deflectors on the vehicles do not have the markings required
by FMVSS No. 205.
IV. Rule Text: Paragraph S6 of FMVSS No. 205 requires in pertinent
part:
S6.1 A prime glazing material manufacturer must certify, in
accordance with 49 U.S.C. 30115, each piece of glazing material to
which this standard applies that is designed--
(a) As a component of any specific motor vehicle or camper; or
(b) To be cut into components for use in motor vehicles or items
of motor vehicle equipment.
S6.2 A prime glazing manufacturer certifies its glazing by
adding to the marks required by section 7 of ANSI/SAE Z26.1-1996, in
letters and numerals of the same size, the symbol ``DOT'' and a
manufacturer's code mark that NHTSA assigns to the manufacturer.
NHTSA will assign a code mark to a manufacturer after the
manufacturer submits a written request to the Office of Vehicle
Safety Compliance, National Highway Traffic Safety Administration,
400 Seventh Street SW., Washington, DC 20590. The request must
include the company name, address, and a statement from the
manufacturer certifying its status as a prime glazing manufacturer
as defined in S4.
S6.3 A manufacturer or distributor who cuts a section of glazing
material to which this standard applies, for use in a motor vehicle
or camper, must--
(a) Mark that material in accordance with section 7 of ANSI/SAE
Z26.1-1996; and
(b) Certify that its product complies with this standard in
accordance with 49 U.S.C. 30115.
V. Summary of Morgan's Analyses: Morgan stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
a. The wind deflector fitted in the M3W uses glazing that
conforms to item 6 ANSI 226.1-1996-windshields for motorcycles. It
is so small (its dimensions are 1O x 5) that
it is not requisite for driving visibility.
b. Morgan owners will go to Morgan dealers for replacement of
the wind deflector.
c. The noncompliance is not likely to increase the safety risk
to individual occupants who experience the type of injurious event
against which the standard was designed to protect.
d. There have been no reports of any safety issues. Both in the
US and the rest of the world, Morgan knows of no injuries caused by
the noncompliance.
e. The subject noncompliance here is inconsequential in view of
the nature of the vehicle in question because Morgan possesses
attributes enumerated in several previous NHTSA inconsequential
noncompliance determinations that it believes can be applied to a
decision on its petition. See Morgan's petition for a complete
discussion of its reasoning.
Morgan additionally stated that it shall as regards ongoing
production; mark the wind deflector to comply with the FMVSS No. 205
requirements.
In summation, Morgan believes that the described noncompliance of
the subject vehicles is inconsequential to motor vehicle safety, and
that its petition, to exempt from providing
[[Page 2508]]
recall notification of noncompliance as required by 49 U.S.C. 30118 and
remedying the recall noncompliance as required by 49 U.S.C. 30120
should be granted.
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 vehicles that Morgan no longer
controlled at the time it determined that the noncompliance existed.
However, a decision on this petition cannot relieve vehicle
distributors and dealers of the prohibitions on the sale, offer for
sale, introduction or delivery for introduction into interstate
commerce of the noncompliant motor vehicles under their control after
Morgan 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)
Issued on: January 9, 2014.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-00568 Filed 1-13-14; 8:45 am]
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