[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Notices]
[Pages 52118-52119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25065]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-6209; Notice 1]


American Transportation Corporation, Receipt of Application for 
Decision of Inconsequential Noncompliance

    American Transportation Corporation (AmTran) has determined certain 
certification labels on its AmTran buses are not in full compliance 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 120, ``Tire 
selection and rims for motor vehicles other than passenger cars,'' and 
49 CFR Part 567, ``Certification,'' and has filed an appropriate report 
pursuant to 49 CFR Part 573, ``Defect and Noncompliance Reports.'' 
AmTran 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 and defect (represented by the failures to 
meet Part 567) are 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.
    FMVSS No. 120 paragraph S5.3 specifies that the certification label 
on buses include the recommended cold inflation pressure for the tires 
such that the sum of the load ratings of the tires on each axle is 
appropriate for the GAWR.
    From October 27, 1991 through February 11, 1999, AmTran produced 
approximately 1,600 buses with an incorrect certification label. AmTran 
states that the tire inflation pressure, as it is currently written on 
the required label, can not support the weight of the vehicle. The 
majority of the certification labels specify an inflation pressure that 
is five to ten pounds below the required inflation pressure. A few 
certification labels specify an inflation pressure that is ten to 
twenty pounds below the required inflation pressure. However, if the 
same tires are inflated to the maximum inflation pressure that is 
molded on the sidewall, then the tires will support the vehicle's 
weight. AmTran, in effect, is asking to be excused from preparing and 
sending corrected labels to the vehicles' owners.
    AmTran supports its application for inconsequential noncompliance 
by stating the following:
     Even with the incorrect cold pressure on the certification 
label, this bus has enough capacity for 4,090 pounds of options. Adding 
major options (such as: an air brakes; a larger transmission; a 21,000 
pound axle; a 100 gallon gas tank; a higher head room body; extended 
body skirts; and a plywood floor) would increase the weight only 2,270 
pounds. Therefore, this bus with these options has an additional 
capacity of 1,820 pounds, if the tires are inflated at the cold 
inflation pressure stated on the certification label.
     There have been no tire warranty claims related to low 
pressure.

[[Page 52119]]

     Most buses do not run at full GVWR and if they do, it is 
for a very short period of time.
     Most tires are inflated by charts used at maintenance 
areas and the certification document is not used as a guide.
     The difference between the specified tire pressure and the 
required tire pressure is not a safety issue in this case.
    In addition, 49 CFR Part 567 specifies that the certification label 
be written to specify the Gross Vehicle Weight Rating (GVWR) in pounds. 
According to AmTran, all of the AmTran buses produced prior to February 
11, 1999, have a certification label that correctly specifies the 
weight of the vehicle without identifying it as ``lbs.''
    AmTran supports its application for inconsequential defect 
determination by stating the following:
     Not aware of any problems created by the missing unit 
identification.
     It is understood in the U.S. school bus industry that the 
GAWR and GVWR is listed in pounds.
    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: October 27, 1999.

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

    Issued on: September 22, 1999.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 99-25065 Filed 9-24-99; 8:45 am]
BILLING CODE 4910-59-P