American Transportation Corporation; Receipt of Application for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Barry Felrice Date: 22 November 1994 Subjects: American Government • Buses • Safety Topic: AmTran

[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28773]


[[Page Unknown]]

[Federal Register: November 22, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-103; Notice 1]

 

American Transportation Corporation; Receipt of Application for 
Decision of Inconsequential Noncompliance

    American Transportation Corporation (AmTran) of Conway, Arkansas, 
has determined that some of its vehicles fail 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 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 is 
inconsequential to motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 (formerly Section 157 of the National Traffic 
and Motor Vehicle Safety Act (15 U.S.C. 1417)) 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 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. The vehicles lack the rim diameter designation on the 
label. The label does include the rim width and complete tire size.
    AmTran supports its application with the following:

    American Transportation (AmTran) requests that an exemption be 
granted based on the grounds that the noncompliance is 
inconsequential as it related to motor vehicle safety. 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.

    Interested persons are invited to submit written data, views, and 
arguments on the application of AmTran, described above. Comments 
should refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW., Washington, DC 20590. It is requested but not required 
that six 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: December 22, 1994.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at 
49 CFR 1.50 and NHTSA Order 800-2.

    Issued on: November 16, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-28773 Filed 11-21-94; 8:45 am]
BILLING CODE 4910-59-M