Medical Coaches, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 67924-67926 [E8-27235]

Download as PDF 67924 Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Notices North Side (Alpine Ski Area) • Reconstruction of an existing gravel access road, approximately 1,400-ft in length • Reconstruction of an existing gravel parking area • Construction of a covered 20–30 passenger transit shelter at the south end of the parking lot jlentini on PROD1PC65 with NOTICES South Side Recreational Area • Construction of a new access road off of Edgerton Park Road, approximately 5,500-ft in length • Nordic and other non-motorized multiple-use trails • Parking areas and trailheads • Construction of a covered 20–30 passenger transit shelter at the south end of the parking lot The Hatcher Pass Ski Area project involves MSB’s plans to construct two Alpine ski lifts, Alpine trails, and a small day lodge providing food and ski concessions as part of the overall Alpine ski area development, and a small chalet and conference facility as part of the overall South Side Recreational Area development. These components are not part of the FTA-funded project, but will be considered in the EIS as part of the secondary and cumulative impact analysis. Three preliminary road alignments have been developed for the South Side Recreational Area access road. MSB plans to utilize the EIS scoping process to continue refining and exploring the various development options for this project. These refinements will be developed in consultation with state and local agencies and the surrounding community, and will be explored in the context of the EIS. The EIS Process and the Role of Participating Agencies and the Public: The purpose of the EIS process is to explore in a public setting potentially significant effects of implementing the proposed action and alternatives on the physical, human, and natural environment. Areas of investigation include but are not limited to: land use, development potential, land acquisition and displacements, historic resources, visual and aesthetic qualities, air quality, noise and vibration, energy use, safety and security, and ecosystems, including threatened and endangered species. Measures to avoid, minimize, or mitigate any significant adverse impacts will be identified. Regulations implementing NEPA, as well as provisions of the recently enacted Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), call for public involvement in the EIS process. Section VerDate Aug<31>2005 18:18 Nov 14, 2008 Jkt 217001 6002 of SAFETEA–LU requires that FTA and the MSB do the following: (1) Extend an invitation to other Federal and non-Federal agencies and Indian tribes that may have an interest in the proposed project to become ‘‘participating agencies,’’ (2) provide an opportunity for involvement by participating agencies and the public in helping to define the purpose and need for a proposed project as well as the range of alternatives for consideration in the impact statement, and (3) establish a plan for coordinating public and agency participation in and comment on the environmental review process. An invitation to become a participating agency, with the scoping information packet appended, will be extended to other Federal and non-Federal agencies and Indian tribes that may have an interest in the proposed project. It is possible that we may not be able to identify all Federal and non-Federal agencies and Indian tribes that may have such interest. Any Federal or nonFederal agency or Indian tribe interested in the proposed project that does not receive an invitation to become a participating agency should notify at the earliest opportunity the contacts identified above under ADDRESSES. A comprehensive public involvement program has been developed and a public and agency involvement Coordination Plan will be created. The program includes a project Web site (https://www.hatcherpass.com); outreach to local and Borough officials and community and civic groups; a public scoping process to define the issues of concern among all parties interested in the project; establishment of a community advisory committee and organizing periodic meetings with that committee; a public hearing on release of the draft environmental impact statement (DEIS); establishment of a walk-in project office near the project area; and development and distribution of project newsletters. The purposes of and need for the proposed project have been preliminarily identified in this notice. We invite the public and participating agencies to consider the preliminary statement of purposes of and need for the proposed project, and to provide input on the purpose and need statement and potential alternatives that should be considered. Suggestions for modifications to the statement of purposes of and need for the proposed project and any other alternatives that meet the purpose of and need for the proposed project are welcomed and will be given serious consideration. Comments on potentially significant environmental impacts that may be PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 associated with the proposed project and alternatives are also welcomed. There will be additional opportunities to participate in the scoping process at the public meeting announced in this notice. In accordance with 23 CFR 771.105(a) and 771.133, FTA will comply with all Federal environmental laws, regulations, and executive orders applicable to the proposed project during the environmental review process to the maximum extent practicable. These requirements include, but are not limited to, the regulations of the Council on Environmental Quality and FTA implementing NEPA (40 CFR parts 1500–1508, and 23 CFR Part 771), the project-level air quality conformity regulation of the U.S. Environmental Protection Agency (EPA) (40 CFR part 93), the Section 404(b)(1) guidelines of EPA (40 CFR part 230), the regulation implementing Section 106 of the National Historic Preservation Act (36 CFR part 800), the regulation implementing section 7 of the Endangered Species Act (50 CFR part 402), Section 4(f) of the Department of Transportation Act (23 CFR 771.135) and Executive Orders 12898 on environmental justice, 11988 on floodplain management, and 11990 on wetlands. Issued on: November 6, 2008. Linda Gehrke, Deputy Regional Administrator, FTA Region 10. [FR Doc. E8–27147 Filed 11–14–08; 8:45 am] BILLING CODE 4910–57–P 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 E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Notices 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: 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: 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 * * * 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. jlentini on PROD1PC65 with NOTICES 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 VerDate Aug<31>2005 18:18 Nov 14, 2008 Jkt 217001 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 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 67925 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 https:// 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, selfaddressed postcard with the comments. Note that all comments received will be posted without change to https:// 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 https:// 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. E:\FR\FM\17NON1.SGM 17NON1 67926 Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Notices 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2008–0167; Notice 1] Volvo Cars of North America, LLC, Receipt of Petition for Decision of Inconsequential Noncompliance jlentini on PROD1PC65 with NOTICES Volvo Cars of North America, LLC (Volvo), has determined that certain model year 2003–2009 multipurpose passenger vehicles (MPV) did not fully comply with paragraphs S4.4.2(a) and 4.4.2(c) of 49 CFR 571.110, Federal Motor Vehicle Safety Standard (FMVSS) No. 110 Tire Selection and Rims for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or Less. Volvo 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), Volvo 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 Volvo’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 201,914 model years 2003–2009 XC90 MPV manufactured from August 5, 2002 through March 28, 2008, and 14,147 model years 2008–2009 XC70 MPV manufactured from May 21, 2007 through March 28, 2008. Paragraphs S4.4.2(a) and 4.4.2(c) of FMVSS No. 110 require in pertinent part: S4.4.2. Rim markings for vehicles other than passenger cars. Each rim or, at the option of the manufacturer in the case of a single-piece wheel, each wheel disc shall be marked with the information listed in S4.4.2 (a) through (e), in lettering not less than 3 millimeters in height, impressed to a depth, or at the option of the manufacturer, embossed to a height of not less than 0.125 VerDate Aug<31>2005 18:18 Nov 14, 2008 Jkt 217001 millimeters. The information listed in S4.4.2 (a) through (c) shall appear on the outward side. In the case of rims of multi piece construction, the information listed in S4.4.2 (a) through (e) shall appear on the rim base and the information listed in S4.4.2 (b) and (d) shall also appear on each other part of the rim. (a) A designation that indicates the source of the rim’s published nominal dimensions, as follows: (1) ‘‘T’’ indicates The Tire and Rim Association. (2) ‘‘E’’ indicates The European Tyre and Rim Technical Organization. (3) ‘‘J’’ indicates Japan Automobile Tire Manufacturers Association, Inc. (4) ‘‘L’’ indicates ABPA (Brazil), a.k.a. Associacao Latino Americana De Pneus E Aros. (5) ‘‘F’’ indicates Tire and Rim Engineering Data Committee of South Africa (Tredco). (6) ‘‘S’’ indicates Scandinavian Tire and Rim Organization (STRO). (7) ‘‘A’’ indicates The Tyre and Rim Association of Australia. (8) ‘‘I’’ indicates Indian Tyre Technical Advisory Committee (ITTAC). (9) ‘‘R’’ indicates Argentine Institute of Rationalization of Materials, a.k.a. Instituto Argentino de Racionalizacion de Materiales, (ARAM). (10) ‘‘N’’ indicates an independent listing pursuant to S4.1 of Sec. 571.139 or S5.1(a) of Sec. 571.119 * * * (c) The symbol DOT, constituting a certification by the manufacturer of the rim that the rim complies with all applicable Federal motor vehicle safety standards. In its petition, Volvo described the noncompliance as the omission of the certification symbol (‘‘DOT’’) and the designation symbol (in this case ‘‘E’’) which indicates the source of the rims’ published nominal dimensions. Volvo argues that this noncompliance is inconsequential to motor vehicle safety for the following reason: Apart from S4.4.2 (a) and S4.4.2(c), which require the designation of the source of the rims’ dimensions, and use of the symbol DOT, respectively the subject rims contain all information required within FMVSS No. 110. The tire and rim of the affected vehicles are properly matched, and are appropriate for the load-carrying characteristics of these vehicles. The information on the wheel provides users with the information necessary to ensure that the wheel is mounted on the appropriate vehicle; the omission of the ‘‘DOT-E’’ stamping will not result in misapplication of the wheels. Also, the rim markings and vehicle placard, which are used to identify the correct replacement rim, both contain the correct and complete size of rims installed on the subject vehicles. Volvo stated that it is unaware of any accidents or injuries or customer complaints related to the lack of these PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 markings and that the missing markings do not affect the performance of the wheels or the tire and wheel assemblies. In addition, Volvo states that it has corrected the problem that caused these errors so that they will not be repeated in future production and that it believes that because the noncompliance is 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. 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 https:// 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, selfaddressed postcard with the comments. Note that all comments received will be posted without change to https:// 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 E:\FR\FM\17NON1.SGM 17NON1

Agencies

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


-----------------------------------------------------------------------

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 https://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 https://
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 
https://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

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