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KBC America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance


American Government Motorcycles Topics:  Harley-Davidson

KBC America, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
June 6, 2014 

[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32817-32818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13184]



[[Page 32817]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0145; Notice 1]


KBC America, Inc., 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: KBC America, Inc. ``KBCA'' has determined that certain 
motorcycle helmets manufactured by KBC Corporation for Harley-Davidson 
as Harley-Davidson brand helmets do not fully comply with paragraph S4 
of Federal Motor Vehicle Safety Standard (FMVSS) No. 218, Motorcycle 
Helmets. KBCA has filed an appropriate report dated December 12, 2013, 
pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility 
and Reports.

DATES: The closing date for comments on the petition is July 7, 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. KBCA's Petition

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), KBCA 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 KBCA'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. Helmets Involved

    Affected are approximately 566 Jet model helmets that KBC 
Corporation manufactured in December 2012 for Harley Davidson, who in 
turn marketed these helmets under its own brand by the model name 
``Black Label Retro \3/4\.''

III. Noncompliance

    KBCA explains that the subject helmets fail to fully comply with 
the requirements of S5.6.1(e) of FMVSS No. 218 that was in effect on 
the date of manufacture of these helmets because the goggle strap 
holders on the rear of the helmets obscure the DOT certification label 
from view.

IV. Rule Text

    Paragraph S5.6.1(e) of FMVSS No. 218 requires in pertinent part:

    S5.6.1 Each helmet shall be labeled permanently and legibly, in 
a manner such that the label(s) can be read easily without removing 
padding or any other permanent part, with the following: * * *
    (e) The symbol DOT, constituting the manufacturer's 
certification that the helmet conforms to the applicable Federal 
motor vehicle safety standards. This symbol shall appear on the 
outer surface, in a color that contrasts with the background, in 
letters at least 3/8 inch (1 cm) high, centered laterally with the 
horizontal centerline of the symbol located a minimum of 1 1/8 
inches (2.9 cm) and a maximum of 1 3/8 inches (3.5 cm) from the 
bottom edge of the posterior portion of the helmet.

V. Summary of KBCA's Analyses

    KBCA stated its belief that the subject noncompliance is 
inconsequential to motor vehicle safety for the following reasons:
    1. KBCA believes that the subject helmets comply with the 
performance requirements of FMVSS No. 218 and that neither the presence 
of the strap holder nor the fact that it can obscure the DOT label 
affects the helmet's ability to protect the wearer in the event of a 
crash.
    2. KBCA states that other than the subject noncompliance the DOT 
label on the subject helmets comply with the requirements of FMVSS No. 
218.
    3. KBCA also believes that while the DOT label is not visible when 
the strap holder is fastened, a user can easily view the label by 
unfastening the strap holder to confirm that the helmet has been 
certified and thus complies with the requirements set forth in FMVSS 
No. 218.
    4. KBCA further believes that if their company were required to do 
a recall of the subject helmets, it would be likely that a very low 
percentage of helmets would be returned, if any, and that in doing so 
would leave the owners without a helmet while the subject helmets are 
retrofitted with a new label.
    5. KBCA expressed its belief that in similar situations NHTSA has 
granted petitions for inconsequential noncompliance regarding other 
products that have incorrect or missing label information required by 
other FMVSS's.
    KBCA has additionally informed NHTSA that it no longer manufactures 
the subject helmets.
    In summation, KBCA believes that the described noncompliance of the 
subject helmets is inconsequential to motor vehicle safety, and that 
its petition, to exempt KBCA from providing 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.

[[Page 32818]]

    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 helmets that KBCA no longer 
controlled at the time it determined that the noncompliance existed. 
However, any decision on this petition does not relieve distributors 
and dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce of 
the noncompliant helmets under their control after KBCA 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)

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2014-13184 Filed 6-5-14; 8:45 am]
BILLING CODE 4910-59-P




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