
[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Notices]               
[Page 49020-49022]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au10-104]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0106; Notice 1]

 
CFMOTO Powersports, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    CFMOTO Powersports, Inc. (CFMOTO),\1\ agent for the Chunfeng 
Holding Group Hangshou Motorcycles Manufacturing Co., LTD. (formerly 
known as Zhejiang CFMOTO Power Co., Ltd. (CHG)) has determined that 
certain model year 2005-2009 CHG Model CF250T-3(V3) and CF250T-5(V5)

[[Page 49021]]

motorcycles that CFMOTO imported did not fully comply with paragraph 
S5.2.1 of 49 CFR 571.123 Federal Motor Vehicle Safety Standards (FMVSS) 
No. 123, Motorcycle Controls and Displays. CFMOTO has filed an 
appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
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    \1\ CFMOTO Powersports, Inc., a Minnesota Corporation, is an 
importer of motor vehicles.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49 CFR part 556), CFMOTO has petitioned 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 CFMOTO'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.
    Affected are a total of 6,405 model year 2005-2009 CHG model 
CF250T-3(V3) and CF250T-5(V5) motorcycles,\2\ produced January 1, 2005, 
through December 31, 2009.
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    \2\ CFMOTO's petition, which was filed under 49 CFR Part 556, 
requests an agency decision to exempt CFMOTO as a manufacturer 
(motor vehicle importers are defined as manufacturers by 49 U.S.C. 
30102(5)(B)) of motor vehicles from the notification and recall 
responsibilities of 49 CFR Part 573 for all 6,405 of the affected 
vehicles. However, the agency cannot relieve CFMOTO's distributors 
of the prohibitions on the sale, offer for sale, or introduction or 
delivery for introduction into interstate commerce of the 
noncompliant vehicles under their control after CFMOTO recognized 
that the subject noncompliance existed. Those vehicles must be 
brought into conformance, exported, or destroyed.
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    Paragraph S5.2.1 of FMVSS No. 123 requires in pertinent part:

    S5.2.1 Control location and operation. If any item of equipment 
listed in Table 1, Column 1, is provided, the control for such item 
shall be located as specified in Column 2, and operable as specified 
in Column 3. Each control located on a right handlebar shall be 
operable by the operator's right hand throughout its full range 
without removal of the operator's right hand from the throttle. Each 
control located on a left handlebar shall be operable by the 
operator's left hand throughout its full range without removal of 
the operator's left hand from the handgrip. If a motorcycle with an 
automatic clutch other than a scooter is equipped with a 
supplemental rear brake control, the control shall be located on the 
left handlebar. If a scooter with an automatic clutch is equipped 
with a supplemental rear brake control, the control shall be on the 
right side and operable by the operator's right foot. A supplemental 
control shall provide brake actuation identical to that provided by 
the required control of Table 1, Item 11, of this Standard. If a 
motorcycle is equipped with self-proportioning or antilock braking 
devices utilizing a single control for front and rear brakes, the 
control shall be located and operable in the same manner as a rear 
brake control, as specified in Table 1, Item 11, and in this 
paragraph.

    Item 11 from:

                         Table 1--Motorcycle Control Location and Operation Requirements
----------------------------------------------------------------------------------------------------------------
       Equipment control--column 1               Location--column 2                 Operation--column 3
----------------------------------------------------------------------------------------------------------------
11. Rear wheel brakes...................  Right foot control.............  Depress to engage.
                                          Left handlebar for a motor-      Squeeze to engage.
                                           driven cycle and for a scooter
                                           with an automatic clutch.
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See S5.2.1 for requirements for vehicles with a single control for front and rear brakes, and with a
  supplemental rear brake control.

    CFMOTO explains that the noncompliance is that, the rear wheel 
brake control is located on the left handlebar instead of as a right 
foot control as required by paragraph S5.2.1 FMVSS No. 123.
    CFMOTO provided the following arguments to support their contention 
that the subject noncompliance is inconsequential to motor vehicle 
safety:

    The subject vehicles were certified as scooter type motorcycles 
by the CHG. CHG believed that the vehicles met all of the 
requirements for a scooter under FMVSS No. 123. As a result of the 
scooter certification the rear wheel brake was placed on the left 
handlebar.
    The placement of the rear brake on the left handlebar should be 
deemed by the NHTSA as an inconsequential noncompliance, based on 
the history and safety records of the vehicles. No consumer 
complaints and no warranty claims or incident reports have been 
received by CFMOTO or CHG that relate to the lack of a right foot 
actuated rear wheel brake.
    One of the main reasons consumers have been attracted to the 
subject vehicles is that they have the appearance of a motorcycle 
and the operation or function of a scooter. Aside from a lack of 
pass-through leg area, the vehicles are scooters in all technical 
respects. It is the scooter functionality that has been the driving 
force behind consumer demand for the vehicles.
    Individuals with disabilities prefer the left hand rear brake 
controls to those of a foot operated actuator. Similarly, many 
consumers want to upgrade from a scooter to a motorcycle without the 
complexities of operating a motorcycle and therefore choose the 
subject vehicles.

    In summation, CFMOTO believes that the described noncompliance is 
inconsequential to motor vehicle safety. Therefore, CFMOTO requests 
that its petition, to exempt it 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.
    CFMOTO also stated that CHG has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    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.
    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:
    a. 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.
    b. By hand delivery 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.
    c. 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 1-202-493-2251.
    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

[[Page 49022]]

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.
    Comment closing date: September 13, 2010.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.50 and 501.8.

    Issued on: August 6, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-19877 Filed 8-11-10; 8:45 am]
BILLING CODE 4910-59-P

