[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Notices]
[Page 8768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3694]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
[Docket No. 94-103; Notice 2]
American Transportation Corporation; Grant of Application for
Decision of Inconsequential Noncompliance
American Transportation Corporation (AmTran) of Conway, Arkansas
determined that some of its vehicles failed to comply with 49 CFR
571.120, Federal Motor Vehicle Safety Standard (FMVSS) No. 120, ``Tire
Selection and Rims for Vehicles Other Than Passenger Cars,'' and filed
an appropriate report pursuant to 49 CFR part 573, ``Defect and
Noncompliance Reports.'' AmTran 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 on November 22,
1994, and an opportunity afforded for comment (59 FR 60190).
Paragraph S5.3 of FMVSS No. 120 requires that each vehicle to which
it applies must have a label affixed which includes the size
designation of the tires and the size designation of the rims. AmTran
produced approximately 38,000 buses and school buses from 1987 through
1994 which do not meet the labeling requirements stated in the standard
in that they lack the rim diameter designation on the label. However,
the label does bear the complete tire size, which includes the tire
diameter.
AmTran supported its application for inconsequential noncompliance
with the following:
The rim width is listed on the certification label; however, the
rim diameter is not listed. The complete tire size, including the
diameter (which is identical to the rim diameter), is listed on each
label. Therefore, [AmTran] believes that sufficient information is
available for the user to match tire and rim sizes appropriately.
No comments were received in response to the notice.
Lack of rim size designation could result in installation of
replacement tires of an improper size, or installation of a replacement
rim that is not congruent with the other (unmarked) rims. Presumably, a
tire too small for the rim would not fit and a tire too large for the
rim would be noticeable. Further, in determining an appropriate
replacement rim, the individual servicing the vehicle would most likely
look at the size of the tire on the rim being replaced. NHTSA deems it
unlikely that such an individual would simply guess at the correct rim
diameter without confirmation from a reliable source. The vehicles
whose labels lack the rim size designation are buses and school buses,
are typically serviced by experienced individuals, and, as a practical
matter, the noncompliance is unlikely to have adverse safety
consequences.
In consideration of the foregoing, the applicant has met its burden
of persuasion, and the Administrator has decided that the noncompliance
herein described is inconsequential to safety. Accordingly, American
Transportation Corporation is hereby exempted from providing
notification according to 49 U.S.C. 30118, and remedy according to 49
U.S.C. 30120.
(49 U.S.C. 30118, 30120; delegation of authority at 49 CFR 501.8)
Issued on: February 9, 1995.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 95-3694 Filed 2-14-95; 8:45 am]
BILLING CODE 4910-59-P
