[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21787-21790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08451]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0118; Notice 1]


Kawasaki Motors Corp., U.S.A. 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: Kawasaki Motors Corp., U.S.A. (KMC), has determined that 
certain model year (MY) 2020-2012;2021 Kawasaki ZR900F and ZRT00K 
motorcycles do not fully comply with Federal Motor Vehicle Safety 
Standard (FMVSS) No. 123, Motorcycle Controls and Displays. KMC filed a 
noncompliance report dated November 16, 2020. KMC simultaneously 
petitioned NHTSA on November 16, 2020, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This notice announces receipt of KMC's petition.

DATES: Send comments on or before May 24, 2021.

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 in the title of this notice and 
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://

[[Page 21788]]

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 docket. 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-
2012;78).

FOR FURTHER INFORMATION CONTACT: Frederick Smith, Compliance Engineer, 
NHTSA, Office of Vehicle Safety Compliance, (202) 366-7407.

SUPPLEMENTARY INFORMATION:
    I. Overview: KMC has determined that certain MY 2020-2012;2021 
Kawasaki ZR900F and ZRT00K motorcycles do not fully comply with the 
requirements of paragraph S5.2.3(b) of FMVSS No. 123, Motorcycle 
Controls and Displays (49 CFR 571.123). KMC filed a noncompliance 
report dated November 16, 2020, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. KMC simultaneously petitioned 
NHTSA on November 16, 2020, 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 KMC'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: Approximately 2,302 MY 2020-2012;2021 
Kawasaki ZR900F and ZRT00K motorcycles, manufactured between December 
4, 2019, and November 2, 2020, are potentially involved.
    III. Noncompliance: KMC explains that the noncompliance is that the 
subject motorcycles are equipped with ignition switches that use the 
ISO identification symbol to identify the off position instead of the 
word ``Off'' as specified in paragraph S5.2.3(b) of FMVSS No. 123.
    IV. Rule Requirements: Paragraph 5.2.3(b) of FMVSS No. 123 includes 
the requirements relevant to this petition. If an item of equipment 
listed in Table 3, Colum 1 of FMVSS No. 123 is provided, the item and 
its operational function shall be identified by (b) Wording shown in 
both Column 2 and Column 4. In this case, Table 3, No. 1, shows the 
Control and Display Identification Word ``Ignition'' and the 
Identification at Appropriate Position of Control and Display as 
``Off''.
    V. Summary of KMC's Petition: The following views and arguments 
presented in this section, ``V. Summary of KMC's Petition,'' are the 
views and arguments provided by KMC. They have not been evaluated by 
the Agency and do not reflect the views of the Agency. KMC describes 
the subject noncompliance and contends that the noncompliance is 
inconsequential as it relates to motor vehicle safety.

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[GRAPHIC] [TIFF OMITTED] TN23AP21.097

    KMC concludes that the subject noncompliance is inconsequential as 
it relates to motor vehicle safety, and that its petition to be 
exempted from providing notification of the noncompliance, as required 
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 
49 U.S.C. 30120, should be granted.

[[Page 21790]]

    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 KMC 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 KMC 
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. 2021-08451 Filed 4-22-21; 8:45 am]
BILLING CODE 4910-59-P


