[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Notices]
[Page 59624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29518]


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DEPARTMENT OF TRANSPORTATION

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


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

    Red River Manufacturing, Inc. (Red River) of West Fargo, North 
Dakota, a manufacturer of trailers, 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.
    Notice of receipt of the application was published, with a 30-day 
comment period, on August 12, 1998, in the Federal Register (63 FR 
43230). NHTSA received no comments on this application during the 30-
day comment period.
    Paragraph S5.3 of FMVSS No. 120 states that each vehicle shall show 
the information specified in both metric and English units. The 
standard also shows an example of the prescribed format.
    Since the amendment requiring metric units 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 49 CFR 
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.
    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 metric 
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 unlikely to have any effect 
whatsoever 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.

    The purpose of labeling requirements in S5.3, Label information, of 
FMVSS No. 120 is to provide safe operation of vehicles by ensuring that 
those vehicles are equipped with tires of appropriate size and load 
rating; and rims of appropriate size and type designation. Section 5164 
of the Omnibus Trade and Competitiveness Act (Pub. L. 100-418) makes it 
the United States policy that the metric system of measurement is the 
preferred system of weights and measures for U.S. trade and commerce. 
On March 14, 1995, NHTSA published in the Federal Register (60 FR 
13693) the final rule that metric measurements be used in S5.3 of FMVSS 
No. 120. The effective date for this final rule was March 14, 1996.
    Paragraph S5.3 states that each vehicle shall show the appropriate 
tire information (such as: recommended cold inflation pressure) and rim 
information (such as: size and type designations) in metric and English 
units. This information must appear either on the certification label 
or a tire information label, lettered in block capitals and numerals 
not less than 2.4 millimeters high, and in the prescribed format.
    The agency agrees with Red River that the label on these trailers 
is likely to achieve the safety purpose of the required label. The 
vehicle user will have the correct safety information sans the metric 
conversion in the prescribed location. First, all the correct English 
unit information required by FMVSS No. 120 is provided on the 
certification label. Second, the information contained on the label is 
of the correct size. Third, the information contained on the label is 
in the prescribed format.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that the noncompliance it 
describes is inconsequential to safety. Accordingly, its application is 
granted, and the applicant is exempted from providing the notification 
of the noncompliance that is required by 49 U.S.C. 30118, and from 
remedying the noncompliance, as required by 49 U.S.C. 30120.

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

    Issued on October 30, 1998.
James R. Hackney,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 98-29518 Filed 11-3-98; 8:45 am]
BILLING CODE 4910-59-P