[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Notices]
[Pages 52118-52119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25065]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-99-6209; Notice 1]
American Transportation Corporation, Receipt of Application for
Decision of Inconsequential Noncompliance
American Transportation Corporation (AmTran) has determined certain
certification labels on its AmTran buses are not in full compliance
with Federal Motor Vehicle Safety Standard (FMVSS) No. 120, ``Tire
selection and rims for motor vehicles other than passenger cars,'' and
49 CFR Part 567, ``Certification,'' and has filed an appropriate report
pursuant to 49 CFR Part 573, ``Defect and Noncompliance Reports.''
AmTran 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 and defect (represented by the failures to
meet Part 567) are inconsequential to motor vehicle safety.
This notice of receipt of an application 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 application.
FMVSS No. 120 paragraph S5.3 specifies that the certification label
on buses include the recommended cold inflation pressure for the tires
such that the sum of the load ratings of the tires on each axle is
appropriate for the GAWR.
From October 27, 1991 through February 11, 1999, AmTran produced
approximately 1,600 buses with an incorrect certification label. AmTran
states that the tire inflation pressure, as it is currently written on
the required label, can not support the weight of the vehicle. The
majority of the certification labels specify an inflation pressure that
is five to ten pounds below the required inflation pressure. A few
certification labels specify an inflation pressure that is ten to
twenty pounds below the required inflation pressure. However, if the
same tires are inflated to the maximum inflation pressure that is
molded on the sidewall, then the tires will support the vehicle's
weight. AmTran, in effect, is asking to be excused from preparing and
sending corrected labels to the vehicles' owners.
AmTran supports its application for inconsequential noncompliance
by stating the following:
Even with the incorrect cold pressure on the certification
label, this bus has enough capacity for 4,090 pounds of options. Adding
major options (such as: an air brakes; a larger transmission; a 21,000
pound axle; a 100 gallon gas tank; a higher head room body; extended
body skirts; and a plywood floor) would increase the weight only 2,270
pounds. Therefore, this bus with these options has an additional
capacity of 1,820 pounds, if the tires are inflated at the cold
inflation pressure stated on the certification label.
There have been no tire warranty claims related to low
pressure.
[[Page 52119]]
Most buses do not run at full GVWR and if they do, it is
for a very short period of time.
Most tires are inflated by charts used at maintenance
areas and the certification document is not used as a guide.
The difference between the specified tire pressure and the
required tire pressure is not a safety issue in this case.
In addition, 49 CFR Part 567 specifies that the certification label
be written to specify the Gross Vehicle Weight Rating (GVWR) in pounds.
According to AmTran, all of the AmTran buses produced prior to February
11, 1999, have a certification label that correctly specifies the
weight of the vehicle without identifying it as ``lbs.''
AmTran supports its application for inconsequential defect
determination by stating the following:
Not aware of any problems created by the missing unit
identification.
It is understood in the U.S. school bus industry that the
GAWR and GVWR is listed in pounds.
Interested persons are invited to submit written data, views, and
arguments on the application described above. Comments should refer to
the docket number and be submitted to: U.S. Department of
Transportation, Docket Management, Room PL-401, 400 Seventh Street,
S.W., Washington, D.C., 20590. It is requested that two copies be
submitted.
All comments received before the close of business on the closing
date indicated below will be considered. The application and supporting
materials, and all comments received after the closing date, will also
be filed and will be considered to the extent possible. When the
application is granted or denied, the notice will be published in the
Federal Register pursuant to the authority indicated below.
Comment closing date: October 27, 1999.
(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and
501.8)
Issued on: September 22, 1999.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 99-25065 Filed 9-24-99; 8:45 am]
BILLING CODE 4910-59-P
