[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Notices]
[Pages 67924-67926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27235]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0165; Notice 1]


Medical Coaches, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Medical Coaches, Inc. (Medical Coaches), has determined that 
certain model year 1996-2008 trailers did not fully comply with 
paragraph S5.3 of 49 CFR 571.120, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 120 Tire Selection and Rims for Motor Vehicles With a GVWR 
of More Than 4,536 Kilograms (10,000 pounds). Medical Coaches has filed 
an appropriate report pursuant to 49 CFR Part 573, Defect and 
Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule 
at 49

[[Page 67925]]

CFR part 556), Medical Coaches 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 Medical Coaches 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 approximately 310 Trailers manufactured between March 
14, 1996 and May 19, 2008.
    Paragraphs S5.3 of FMVSS No. 120 requires in pertinent part:

    S5.3 Each vehicle shall show the information specified in S5.3.1 
and S5.3.2 and, in the case of a vehicle equipped with a non-
pneumatic spare tire, the information specified in S5.3.3, in the 
English language, lettered in block capitals and numerals not less 
than 2.4 millimeters high and in the format set forth following this 
paragraph. This information shall appear either--
    (a) After each GAWR listed on the certification label required 
by Sec. 567.4 or Sec. 567.5 of this chapter; or at the option of the 
manufacturer,
    (b) On the tire information label affixed to the vehicle in the 
manner, location, and form described in Sec. 567.4 (b) through (f) 
of this chapter as appropriate of each GVWR-GAWR combination listed 
on the certification label * * *

Truck Example--Suitable Tire-Rim Choice

GVWR: 7,840 KG (17,289 LB)
GAWR: FRONT--2,850 KG (6,280 LB) WITH 7.50-20(D) TIRES, 20x6.00 RIMS 
AT 520 KPA (75 PSI) COLD SINGLE
GAWR: REAR--4,990 KG (11,000 LB) WITH 7.50-20(D) TIRES, 20x6.00 
RIMS, AT 450 KPA (65 PSI) COLD DUAL
GVWR: 13,280 KG (29,279 LB)
GAWR: FRONT--4,826 KG (10,640 LB) WITH 10.00-20(F) TIRES, 20x7.50 
RIMS, AT 620 KPA (90 PSI) COLD SINGLE
GAWR: REAR--8,454 KG (18,639 LB) WITH 10.00-20(F) TIRES, 20x2.70 
RIMS, AT 550 KPA (80 PSI) COLD DUAL

    In its petition, Medical Coaches explained that, as of March 14, 
1996, its tire and rim label information was not in full compliance 
with FMVSS No. 120. The combined certification/tire information labels 
affixed to Medical Coaches' trailers pursuant to 49 CFR part 567 
Certification failed to comply with S5.3 of FMVSS No. 120 because 
metric measurements were omitted. The labels contained the correct 
English unit information.
    Medical Coaches also stated that since September of 2006 its 
trailer combined certification/tire information labels did not comply 
with the requirements of 49 CFR Part 567 due to the omission of metric 
units for gross vehicle weight rating (GVWR) and gross axle weight 
ratings (GAWR). The label contained the correct English unit 
information.
    Medical Coaches learned of its noncompliance after submitting 
sample certification labels to the National Truck Equipment Association 
(NTEA) for review as part of their Member Verification Program (MVP).
    Medical Coaches has determined that 310 trailers have noncompliant 
labels. All of those labels failed to fully comply with FMVSS 120, and 
46 did not fully comply with 49 CFR part 567.
    Medical Coaches supported its application for inconsequential 
noncompliance with the following statements:

    The Medical Coaches' certification label did contain the correct 
information in English units and displayed this information in the 
correct format.
    The omission of the metric units is highly unlikely to have any 
affect whatsoever on motor vehicle safety since the correct English 
units were included and because of the small number of trailers 
involved.
    The metric requirements of 49 CFR 571.120 and 49 CFR 567 were 
not mandated for safety reasons.
    Several inconsequential noncompliance requests have been granted 
by NHTSA in the past for the omission of metric units on 
certification labels. These petitions involved thousands of 
trailers, well over the 310 involved in this petition.
    Medical Coaches has not received any complaints from customers 
on the omission of the metric data from the certification labels and 
is not aware of accidents or injuries caused by these omissions.
    Medical Coaches has purchased a certification label printing 
program from the NTEA that assures certification label compliance 
from now and into the future.
    Additionally, Medical Coaches states that it does not question 
the need and usefulness of detailing metric units on certification 
labels. Medical Coaches' error of omission, while regrettable, was 
corrected as soon as the nonconformance was realized and believes 
that it is now in full compliance with assurances for the future.
    Medical Coaches believes the metric equivalents on certification 
labels, while mandated, have little affect on vehicle safety and 
respectfully requests that NHTSA grant a petition.

    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 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.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).
    You may view documents submitted to a docket at the address and 
times given above. You may also view the documents on the Internet at 
http://www.regulations.gov by following the online instructions for 
accessing the dockets available at that Web site.
    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.

[[Page 67926]]

    Comment closing date: December 17, 2008.

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

    Issued on: November 10, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-27235 Filed 11-14-08; 8:45 am]
BILLING CODE 4910-59-P