[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27478-27479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11093]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0210; Notice 2]


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

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Grant of petition.

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SUMMARY: 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 filed an appropriate report pursuant to 49 CFR Part 573, Defect 
and Noncompliance Responsibility and Reports on September 9, 2008.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule 
implementing those provisions 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. Notice of receipt of the 
petition was published, with a 30-day public comment period, on 
December 19, 2008 in the Federal Register (73 FR 77876). No comments 
were received. To view the petition and all supporting documents log 
onto the Federal Docket Management System (FDMS) Web site at: http://www.regulations.gov/. Then follow the online search instructions to 
locate docket number ``NHTSA-2008-0210.''
    Contact Information: For further information on this decision, 
contact Mr. John Finneran, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-0654, facsimile (202) 366-5930.
    Tires Involved: Affected are approximately 456 motor homes 
manufactured by Newell between June 17, 1996 and August 26, 2008. 
Newell explains that the noncompliance is that the tire and rim 
information lettering engraved on the vehicles' certification labels\1\ 
is only 1.8 millimeters high, as opposed to the 2.4 millimeter height 
required under paragraph S5.3 of FMVSS No. 120.
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    \1\ 49 CFR Part 567 states the requirements for the 
certification label. FMVSS No. 120 states the requirements for tire 
and rim information included on a certification label.
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    Summary of Newell's Petition: 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 certification 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

[[Page 27479]]

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's Analysis and Decision: Section 5.3 of FMVSS 120 
specifically states:
    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) and (b) . . .
    NHTSA notes that the certification labels in question are 
constructed of clear polymer plates that are 3 mm in thickness. 
Lettering is engraved on the reverse side of the label plate. While the 
size of the lettering as measured on the back side of the label is only 
1.8 mm in height, its apparent height when viewed from the front 
(intended viewing side) of the label is 2 mm.
    The agency agrees with Newell that the certification labels on the 
subject vehicles are likely to achieve the safety purpose of the tire 
and rim labeling. First, the tire size, and cold inflation pressure 
information required by FMVSS No. 120 is correct and contained in the 
label, and maximum inflation pressure is marked on the tires and the 
rim size is marked on the rims. Second, based on NHTSA's inspection of 
the sample nonconforming label provided by Newell, the letters can be 
easily read. Third, while NHTSA does not agree with Newell's assertion 
that the owner's manuals and newsletters provide all the information 
described by Newell, the information provided does supplement the 
information provided on the subject label. Lastly, NHTSA has elected to 
not address Newell's assertions on previous petitions for 
inconsequential noncompliance.
    In consideration of the foregoing, NHTSA has determined that Newell 
has met its burden of persuasion that the subject FMVSS No. 120 
labeling noncompliance is inconsequential to motor vehicle safety. 
Accordingly, Newell's petition is hereby granted, and Newell is 
exempted from the obligation of providing notification of, and a remedy 
for, the subject noncompliance under 49 U.S.C. 30118 and 30120.
    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, this decision 
only applies to approximately 456 vehicles that Newell no longer 
controlled at the time that it determined that a noncompliance existed 
in the subject vehicles. However, the granting of this petition does 
not relieve vehicle distributors and dealers of the prohibitions on the 
sale, offer for sale, or introduction or delivery for introduction into 
interstate commerce of the noncompliant vehicles under their control 
after Newell notified them that the subject noncompliance existed.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at 
CFR 1.95 and 501.8.

    Issued on: May 1, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-11093 Filed 5-9-13; 8:45 am]
BILLING CODE 4910-59-P