American Transportation Corporation; Grant of Application for Decision of Inconsequential Noncompliance Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Barry Felrice Date: 15 February 1995 Subject: American Government • Buses • Safety Topic: AmTran

[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]



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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]
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