Medical Coaches, Inc.; Grant of Petition for Decision of Inconsequential Noncompliance, 34627-34628 [E9-16954]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34627-34628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16954]



[[Page 34627]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0165; Notice 2]


Medical Coaches, Inc.; Grant 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) and the rule 
implementing those provisions at 49 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. Notice of 
receipt of the petition was published, with a 30-day public comment 
period, on November 17, 2008 in the Federal Register (73 FR 67924). No 
comments were received. To view the petition and all supporting 
documents, log on to the Federal Docket Management System (FDMS) Web 
site at: https://www.regulations.gov/. Then follow the online search 
instructions to locate docket number ``NHTSA-2008-0165.''
    For further information on this decision, contact Mr. John 
Finneran, Office of Vehicle Safety Compliance, the National Highway 
Traffic Safety Administration (NHTSA), telephone (202) 366-0645, 
facsimile (202) 366-7097. Affected are approximately 310 trailers 
manufactured between March 14, 1996 and May 19, 2008.
    Paragraph 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 and FMVSS No. 120 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 the combined certification/tire 
information labels on all trailers it manufactured since 2006 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 labels contained the correct English unit 
information.
    Medical Coaches learned of its noncompliance after submitting 
sample labels to the National Truck Equipment Association (NTEA) for 
review as part of their Member Verification Program (MVP).
    In summary, trailers manufactured by Medical Coaches, Inc., from 
March 1996 until May 19, 2008 did not comply with FMVSS No. 120 
requirements for metric equivalents for tire pressure on the 
certification labels. Trailers manufactured by Medical Coaches from 
September 1, 2006 until May 19, 2008 did not comply with the 
requirements for metric equivalents for GVWR and GAWR on the 
certification labels.
    Medical Coaches supported its application for inconsequential 
noncompliance with the following statements:

    The 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 
effect 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 Decision

    Section 5164 of the Omnibus Trade and Competitiveness Act (Pub. L. 
100-418) makes it the United States policy that the metric system of 
measurement is the preferred system of weights and measures for U.S. 
trade and commerce. On March 14, 1995, NHTSA published in the Federal 
Register (60 FR 13693) the final rule that metric measurements be used 
in S5.3 of FMVSS No. 120. The effective date for this final rule was 
March 14, 1996. On February 14, 2005, NHTSA published in the Federal 
Register (70 FR 7430) the final rule Vehicles Built in Two or More 
Stages that included the use of combined Metric/English measurements 
for GVWR and GAWR on certification labels. The effective date for this 
final rule was September 1, 2006.
    The purpose of labeling requirements in paragraph S5.3 of FMVSS No. 
120 is to provide safe operation of vehicles by ensuring that vehicles 
are equipped with tires of appropriate size and load rating, and rims 
of appropriate size and type designation.
    After review of Medical Coaches' petition, the agency has 
determined that the failure to include metric measurement units for 
GVWR and GAWR on the subject combined certification/tire information is 
a violation of 49 CFR Part 567 which draws its authority from 49 U.S.C. 
30115 Certification of Compliance. A

[[Page 34628]]

violation of 49 U.S.C. 30115 does not impose notification or remedy 
because it is not a noncompliance with an FMVSS. Consequently, that 
portion of its inconsequentiality petition is moot.
    However, the failure to provide metric units on the subject 
combined certification/tire information labels as required by FMVSS No. 
120 is a noncompliance that is violation of Chapter 301.
    While NHTSA strongly encourages manufacturers to include both 
English and Metric units on all certification and tire information 
labels, we do not believe that in this particular situation that the 
omission of metric units is likely to have any affect on motor vehicle 
safety. The agency agrees with Medical Coaches that the present label 
on these trailers is likely to achieve the safety purposes of the 
required information. First, all the correct English unit information 
required by FMVSS No. 120 is provided on the combined certification/
tire information label. Second, the information contained on the label 
is of the correct size. Third, the information contained on the label 
is in the prescribed format.
    In consideration of the foregoing, NHTSA has decided that Medical 
Coaches has met its burden of persuasion that the failure to include 
metric units on the combined certification/tire information labels on 
the subject vehicles, as required by paragraph S5.3 of FMVSS No. 120, 
is inconsequential to motor vehicle safety. Accordingly, Medical 
Coaches' application is granted, and it is exempted from providing the 
notification of noncompliance that is required by 49 U.S.C. 30118, and 
from remedying the noncompliance, as required by 49 U.S.C. 30120. All 
products manufactured or sold on and after May 9, 2008, must comply 
fully with the requirements of FMVSS No. 120.

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

    Issued on: July 13, 2009.
Daniel C. Smith
Associate Administrator for Enforcement.
[FR Doc. E9-16954 Filed 7-15-09; 8:45 am]
BILLING CODE 4910-59-P