[Federal Register Volume 63, Number 155 (Wednesday, August 12, 1998)]
[Notices]
[Pages 43230-43231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21583]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4209]


Red River Manufacturing, Inc., Receipt of Application for 
Decision of Inconsequential Noncompliance

    Red River Manufacturing, Inc. (Red River), a manufacturer of 
trailers, of

[[Page 43231]]

West Fargo, North Dakota, has determined that since March 14, 1996, its 
tire and rim label information was not in full compliance with 49 CFR 
571.120, Federal Motor Vehicle Safety Standard (FMVSS) No. 120, ``Tire 
Selection and Rims for Vehicles Other Than Passenger Cars,'' and has 
filed an appropriate report pursuant to 49 CFR Part 573, ``Defect and 
Noncompliance Reports.'' Red River has also applied to be exempted from 
the notification and remedy requirements of 49 U.S.C. Chapter 301--
``Motor Vehicle Safety'' on the basis that the noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of an application 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 application.
    Paragraph S5.3 of FMVSS No. 120 states that each vehicle shall show 
the information specified on the tire information level in both English 
and metric units. The standard also shows an example of the prescribed 
format.
    Since the law went into effect on March 14, 1996, Red River 
manufactured and/or distributed 1,063 trailers that do not meet the 
requirements stated in the standard. The certification label affixed to 
Red River's trailers pursuant to Part 567 failed to comply with S5.3 of 
FMVSS No. 120 because of the omission of metric measurements, and Red 
River did not separately provide the metric measurements on another 
label, an alternative allowed by FMVSS No. 120. The use of metric 
measurements is required by FMVSS No. 120, pursuant to Federal Motor 
Vehicle Safety Standards: Metric Conversion, 50 FR 13639, published on 
March 14, 1995, and effective on March 14, 1996.
    Red River supports its application for inconsequential 
noncompliance with the following statements:
    1. The label contained the correct English unit information.
    2. Red River had been unaware of the metric measurement requirement 
because Red River interpreted Part 567 as suggesting the use of metric 
measurements is permissive, not mandatory, and did not understand that 
FMVSS No. 120 made the use of certain metric measurements mandatory.
    3. FMVSS No. 120's metric measurement requirements were not 
mandated for safety purposes. Rather, in designating the matric system 
as the preferred system of weights and measures, Congress was concerned 
chiefly with the contributions that the metric system could make to the 
international competitiveness of U.S. industries and to the efficiency 
of governmental operations.
    4. The dual labeling requirement is to continue until consumers 
become familiar with metric measurements.
    5. The omission of metric measurements from Red River's FMVSS No. 
120 certification label is highly unlike to have any effect whatever on 
motor vehicle safety, both because the correct English units are used 
on Red River's labels and because of the small number of trailers 
involved.
    6. As soon as practicable upon learning of its noncompliance, Red 
River has converted its labels to metric measurements, in conformity 
with those requirements.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, 
S.W., Washington, D.C., 20590. It is requested that two copies be 
submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: September 11, 1998.

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

    Issued on: August 6, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-21583 Filed 8-11-98; 8:45 am]
BILLING CODE 4910-59-P