[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77876-77877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30137]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0210; Notice 1]


Newell Coach Corporation, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Newell Coach Corporation (Newell), has determined that certain 
motor homes that it manufactured between June 17, 1996 and August 26, 
2008 do not fully comply with paragraph S5.3 of 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). 
Newell 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 CFR part 556), Newell 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 Newell'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.
    Affected are approximately 456 motor homes manufactured by Newell 
between June 17, 1996 and August 26, 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.
    S5.3.1 Tires. The size designation (not necessarily for the 
tires on the vehicle) and the recommended cold inflation pressure 
for those tires such that the sum of the load ratings of the tires 
on each axle (when the tires' load carrying capacity at the 
specified pressure is reduced by dividing by 1.10, in the case of a 
tire subject to FMVSS No. 109) is appropriate for the GAWR as 
calculated in accordance with S5.1.2.
    S5.3.2. Rims. The size designation and, if applicable, the type 
designation of Rims (not necessarily those on the vehicle) 
appropriate for those tires.

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* * *

    Newell explains that the noncompliance is that the tire and rim 
information lettering on the vehicles' certification labeling is only 
1.8 millimeters high, as opposed to the 2.4 millimeter height required 
under paragraph S5.3 of FMVSS No. 120.
    Newell stated that it discovered the noncompliance after 
investigating an inquiry from National Highway Traffic Safety 
Administration (NHTSA) concerning readability of the tire and rim 
information on the vehicles' certification labels.
    Newell argues that while the required tire and rim information 
lettering is only 0.6 mm (about 1/45 of an inch) shorter than the 2.4 
mm height required by the standard that it creates no risk to motor 
vehicle safety. Newell believes that all of the relevant information is 
set forth on the certification label, and that it is easily readable.
    Newell further states that for vehicles manufactured from 2002 
through 2008, if an operator has difficulty reading the information on 
the label, the tire inflation information is available in the owner's 
manuals provided with the vehicles.
    Newell additionally stated that it has provided tire inflation 
information in the Newell's News, a newsletter that Newell sends to its 
customers. Newell also points out that the rim size and type are marked 
on the wheels of the vehicle, and the tire designation is marked on the 
tires themselves, thus providing a further source for most of the 
information required by the standard.
    Newell also believes that NHTSA has previously granted at least one 
petition for inconsequential noncompliance where the facts were almost 
identical to those stated in this petition. Moreover, Newell believes 
that on numerous occasions NHTSA has granted petitions for 
inconsequential noncompliance where there has been a complete omission 
of required tire and/or rim information on the certification label.
    Finally, Newell notes that these vehicles have been on the road for 
up to 12 years, and the company has not received any consumer 
complaints regarding an inability to read the tire and rim information 
on the certification label.
    Newell also stated that it has corrected the problem that caused 
these errors so that they will not be repeated in future production.
    In summation, Newell states that it believes that because the 
noncompliances are inconsequential to motor vehicle safety that no 
corrective action is warranted.
    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, these provisions 
only apply to vehicles and equipment that have already passed from the 
manufacturer to an owner, purchaser, or dealer.
    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

[[Page 77877]]

Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 am to 5 pm 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.
    Comment closing date: January 20, 2009.

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

    Issued on: December 15, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-30137 Filed 12-18-08; 8:45 am]
BILLING CODE 4910-59-P