Motor vehicle safety standards; exemption petitions, etc.: Red River Manufacturing, Inc.,

[Federal Register: August 12, 1998 (Volume 63, Number 155)]

[Notices]

[Page 43230-43231]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12au98-95]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-4209]

Red River Manufacturing, Inc., Receipt of Application for Decision of Inconsequential Noncompliance

Red River Manufacturing, Inc. (Red River), a manufacturer of trailers, of

[[Page 43231]]

West Fargo, North Dakota, 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 filedan 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.

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.

Paragraph S5.3 of FMVSS No. 120 states that each vehicle shall show the information specified on the tire information level in both English and metric units. The standard also shows an example of the prescribed format.

Since the law 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 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. The use of metric measurements is required by FMVSS No. 120, pursuant to Federal Motor Vehicle Safety Standards: Metric Conversion, 50 FR 13639, published on March 14, 1995, and effective on March 14, 1996.

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 matric 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 unlike to have any effect whatever 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.

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 filedand 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: September 11, 1998.

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

Issued on: August 6, 1998. L. Robert Shelton, Associate Administrator for Safety Performance Standards.

[FR Doc. 98-21583Filed8-11-98; 8:45 am]

BILLING CODE 4910-59-P