[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Notices]
[Page 59624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29518]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-4209]
Red River Manufacturing, Inc., Grant of Application for Decision
of Inconsequential Noncompliance
Red River Manufacturing, Inc. (Red River) of West Fargo, North
Dakota, a manufacturer of trailers, has determined that since March 14,
1996, its tire and rim label information was not in full compliance
with 49 CFR 571.120, Federal Motor Vehicle Safety Standard (FMVSS) No.
120, ``Tire Selection and Rims for Vehicles Other Than Passenger
Cars,'' and has filed an appropriate report pursuant to 49 CFR Part
573, ``Defect and Noncompliance Reports.'' Red River has also applied
to be exempted from the notification and remedy requirements of 49
U.S.C. Chapter 301--``Motor Vehicle Safety'' on the basis that the
noncompliance is inconsequential to motor vehicle safety.
Notice of receipt of the application was published, with a 30-day
comment period, on August 12, 1998, in the Federal Register (63 FR
43230). NHTSA received no comments on this application during the 30-
day comment period.
Paragraph S5.3 of FMVSS No. 120 states that each vehicle shall show
the information specified in both metric and English units. The
standard also shows an example of the prescribed format.
Since the amendment requiring metric units went into effect on
March 14, 1996, Red River manufactured and/or distributed 1,063
trailers that do not meet the requirements stated in the standard. The
certification label affixed to Red River's trailers pursuant to 49 CFR
Part 567 failed to comply with S5.3 of FMVSS No. 120 because of the
omission of metric measurements, and Red River did not separately
provide the metric measurements on another label, an alternative
allowed by FMVSS No. 120.
Red River supports its application for inconsequential
noncompliance with the following statements:
1. ``The label contained the correct English unit information.''
2. ``Red River had been unaware of the metric measurement
requirement because Red River interpreted Part 567 as suggesting the
use of metric measurements is permissive, not mandatory, and did not
understand that FMVSS No. 120 made the use of certain metric
measurements mandatory.''
3. ``FMVSS No. 120's metric measurement requirements were not
mandated for safety purposes. Rather, in designating the metric
system as the preferred system of weights and measures, Congress was
concerned chiefly with the contributions that the metric system
could make to the international competitiveness of U.S. industries
and to the efficiency of governmental operations.''
4. ``The dual labeling requirement is to continue until
consumers become familiar with metric measurements.''
5. ``The omission of metric measurements from Red River's FMVSS
No. 120 certification label is highly unlikely to have any effect
whatsoever on motor vehicle safety, both because the correct English
units are used on Red River's labels and because of the small number
of trailers involved.''
6. As soon as practicable upon learning of its noncompliance,
Red River has converted its labels to metric measurements, in
conformity with those requirements.
The purpose of labeling requirements in S5.3, Label information, of
FMVSS No. 120 is to provide safe operation of vehicles by ensuring that
those vehicles are equipped with tires of appropriate size and load
rating; and rims of appropriate size and type designation. 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.
Paragraph S5.3 states that each vehicle shall show the appropriate
tire information (such as: recommended cold inflation pressure) and rim
information (such as: size and type designations) in metric and English
units. This information must appear either on the certification label
or a tire information label, lettered in block capitals and numerals
not less than 2.4 millimeters high, and in the prescribed format.
The agency agrees with Red River that the label on these trailers
is likely to achieve the safety purpose of the required label. The
vehicle user will have the correct safety information sans the metric
conversion in the prescribed location. First, all the correct English
unit information required by FMVSS No. 120 is provided on the
certification 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 the
applicant has met its burden of persuasion that the noncompliance it
describes is inconsequential to safety. Accordingly, its application is
granted, and the applicant is exempted from providing the notification
of the noncompliance that is required by 49 U.S.C. 30118, and from
remedying the noncompliance, as required by 49 U.S.C. 30120.
(49 U.S.C. 30118, delegations of authority at 49 CFR 1.50 and
501.8).
Issued on October 30, 1998.
James R. Hackney,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 98-29518 Filed 11-3-98; 8:45 am]
BILLING CODE 4910-59-P
