Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices 34627 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2008–0165; Notice 2] 

Medical Coaches, Inc.; Grant of 

Petition for Decision of 

Inconsequential Noncompliance 

Medical Coaches, Inc. (Medical 

Coaches), has determined that certain 

model year 1996–2008 trailers did not 

fully comply with paragraph S5.3 of 49 

CFR 571.120, Federal Motor Vehicle 

Safety Standard (FMVSS) No. 120 Tire 

Selection and Rims for Motor Vehicles 

With a GVWR of More Than 4,536 

Kilograms (10,000 Pounds). Medical 

Coaches has filed an appropriate report 

pursuant to 49 CFR Part 573, Defect and 

Noncompliance Responsibility and 

Reports. 

Pursuant to 49 U.S.C. 30118(d) and 

30120(h) and the rule implementing 

those provisions at 49 CFR Part 556, 

Medical Coaches has petitioned for an 

exemption from the notification and 

remedy requirements of 49 U.S.C. 

Chapter 301 on the basis that this 

noncompliance is inconsequential to 

motor vehicle safety. Notice of receipt of 

the petition was published, with a 30- 

day public comment period, on 

November 17, 2008 in the Federal 

Register (73 FR 67924). No comments 

were received. To view the petition and 

all supporting documents, log on to the 

Federal Docket Management System 

(FDMS) Web site at: http:// 

www.regulations.gov/. Then follow the 

online search instructions to locate 

docket number ‘‘NHTSA–2008–0165.’’ 

For further information on this 

decision, contact Mr. John Finneran, 

Office of Vehicle Safety Compliance, the 

National Highway Traffic Safety 

Administration (NHTSA), telephone 

(202) 366–0645, facsimile (202) 366– 

7097. Affected are approximately 310 

trailers manufactured between March 

14, 1996 and May 19, 2008. 

Paragraph S5.3 of FMVSS No. 120 

requires in pertinent part: 

S5.3 Each vehicle shall show the 

information specified in S5.3.1 and S5.3.2 

and, in the case of a vehicle equipped with 

a non-pneumatic spare tire, the information 

specified in S5.3.3, in the English language, 

lettered in block capitals and numerals not 

less than 2.4 millimeters high and in the 

format set forth following this paragraph. 

This information shall appear either— 

(a) After each GAWR listed on the 

certification label required by Sec. 567.4 or 

Sec. 567.5 of this chapter; or at the option of 

the manufacturer, 

(b) On the tire information label affixed to 

the vehicle in the manner, location, and form 

described in Sec. 567.4(b) through (f) of this 

chapter as appropriate of each GVWR–GAWR 

combination listed on the certification label 

* * *. 

Truck Example—Suitable Tire-Rim Choice 

GVWR: 7,840 KG (17,289 LB) 

GAWR: FRONT—2,850 KG (6,280 LB) WITH 

7.50–20(D) TIRES, 20x6.00 RIMS AT 520 

KPA (75 PSI) COLD SINGLE 

GAWR: REAR—4,990 KG (11,000 LB) WITH 

7.50–20(D) TIRES, 20x6.00 RIMS, AT 450 

KPA (65 PSI) COLD DUAL 

GVWR: 13,280 KG (29,279 LB) 

GAWR: FRONT—4,826 KG (10,640 LB) 

WITH 10.00–20(F) TIRES, 20x7.50 RIMS, 

AT 620 KPA (90 PSI) COLD SINGLE 

GAWR: REAR—8,454 KG (18,639 LB) WITH 

10.00–20(F) TIRES, 20x2.70 RIMS, AT 550 

KPA (80 PSI) COLD DUAL 

In its petition, Medical Coaches 

explained that, as of March 14, 1996, its 

tire and rim label information was not 

in full compliance with FMVSS No. 

120. The combined certification/tire 

information labels affixed to Medical 

Coaches’ trailers pursuant to 49 CFR 

Part 567 Certification and FMVSS No. 

120 failed to comply with S5.3 of 

FMVSS No. 120 because metric 

measurements were omitted. The labels 

contained the correct English unit 

information. 

Medical Coaches also stated that the 

combined certification/tire information 

labels on all trailers it manufactured 

since 2006 did not comply with the 

requirements of 49 CFR Part 567 due to 

the omission of metric units for gross 

vehicle weight rating (GVWR) and gross 

axle weight ratings (GAWR). The labels 

contained the correct English unit 

information. 

Medical Coaches learned of its 

noncompliance after submitting sample 

labels to the National Truck Equipment 

Association (NTEA) for review as part of 

their Member Verification Program 

(MVP). 

In summary, trailers manufactured by 

Medical Coaches, Inc., from March 1996 

until May 19, 2008 did not comply with 

FMVSS No. 120 requirements for metric 

equivalents for tire pressure on the 

certification labels. Trailers 

manufactured by Medical Coaches from 

September 1, 2006 until May 19, 2008 

did not comply with the requirements 

for metric equivalents for GVWR and 

GAWR on the certification labels. 

Medical Coaches supported its 

application for inconsequential 

noncompliance with the following 

statements: 

The certification label did contain the 

correct information in English units and 

displayed this information in the correct 

format. 

The omission of the metric units is highly 

unlikely to have any effect whatsoever on 

motor vehicle safety since the correct English 

units were included and because of the small 

number of trailers involved. 

The metric requirements of 49 CFR 571.120 

and 49 CFR 567 were not mandated for safety 

reasons. 

Several inconsequential noncompliance 

requests have been granted by NHTSA in the 

past for the omission of metric units on 

certification labels. These petitions involved 

thousands of trailers, well over the 310 

involved in this petition. 

Medical Coaches has not received any 

complaints from customers on the omission 

of the metric data from the certification labels 

and is not aware of accidents or injuries 

caused by these omissions. 

Medical Coaches has purchased a 

certification label printing program from the 

NTEA that assures certification label 

compliance from now and into the future. 

Additionally, Medical Coaches states that 

it does not question the need and usefulness 

of detailing metric units on certification 

labels. Medical Coaches’ error of omission, 

while regrettable, was corrected as soon as 

the nonconformance was realized and 

believes that it is now in full compliance 

with assurances for the future. 

Medical Coaches believes the metric 

equivalents on certification labels, while 

mandated, have little affect on vehicle 

safety and respectfully requests that 

NHTSA grant a petition. 

NHTSA Decision 

Section 5164 of the Omnibus Trade 

and Competitiveness Act (Pub. L. 100– 

418) makes it the United States policy 

that the metric system of measurement 

is the preferred system of weights and 

measures for U.S. trade and commerce. 

On March 14, 1995, NHTSA published 

in the Federal Register (60 FR 13693) 

the final rule that metric measurements 

be used in S5.3 of FMVSS No. 120. The 

effective date for this final rule was 

March 14, 1996. On February 14, 2005, 

NHTSA published in the Federal 

Register (70 FR 7430) the final rule 

Vehicles Built in Two or More Stages 

that included the use of combined 

Metric/English measurements for GVWR 

and GAWR on certification labels. The 

effective date for this final rule was 

September 1, 2006. 

The purpose of labeling requirements 

in paragraph S5.3 of FMVSS No. 120 is 

to provide safe operation of vehicles by 

ensuring that vehicles are equipped 

with tires of appropriate size and load 

rating, and rims of appropriate size and 

type designation. 

After review of Medical Coaches’ 

petition, the agency has determined that 

the failure to include metric 

measurement units for GVWR and 

GAWR on the subject combined 

certification/tire information is a 

violation of 49 CFR Part 567 which 

draws its authority from 49 U.S.C. 

30115 Certification of Compliance. A 


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34628 Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices 

violation of 49 U.S.C. 30115 does not 

impose notification or remedy because 

it is not a noncompliance with an 

FMVSS. Consequently, that portion of 

its inconsequentiality petition is moot. 

However, the failure to provide metric 

units on the subject combined 

certification/tire information labels as 

required by FMVSS No. 120 is a 

noncompliance that is violation of 

Chapter 301. 

While NHTSA strongly encourages 

manufacturers to include both English 

and Metric units on all certification and 

tire information labels, we do not 

believe that in this particular situation 

that the omission of metric units is 

likely to have any affect on motor 

vehicle safety. The agency agrees with 

Medical Coaches that the present label 

on these trailers is likely to achieve the 

safety purposes of the required 

information. First, all the correct 

English unit information required by 

FMVSS No. 120 is provided on the 

combined certification/tire information 

label. Second, the information 

contained on the label is of the correct 

size. Third, the information contained 

on the label is in the prescribed format. 

In consideration of the foregoing, 

NHTSA has decided that Medical 

Coaches has met its burden of 

persuasion that the failure to include 

metric units on the combined 

certification/tire information labels on 

the subject vehicles, as required by 

paragraph S5.3 of FMVSS No. 120, is 

inconsequential to motor vehicle safety. 

Accordingly, Medical Coaches’ 

application is granted, and it is 

exempted from providing the 

notification of noncompliance that is 

required by 49 U.S.C. 30118, and from 

remedying the noncompliance, as 

required by 49 U.S.C. 30120. All 

products manufactured or sold on and 

after May 9, 2008, must comply fully 

with the requirements of FMVSS No. 

120. 

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at 49 CFR 1.50 and 

501.8. 

Issued on: July 13, 2009. 

Daniel C. Smith 

Associate Administrator for Enforcement. 

[FR Doc. E9–16954 Filed 7–15–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Request for Applications for the 

Federal Motor Carrier Safety 

Administration Medical Review Board 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Request for applications for the 

Medical Review Board. 

SUMMARY: FMCSA solicits applications 

from interested physicians to serve on 

the Agency’s Medical Review Board 

(MRB). The MRB, authorized by the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), provides 

scientific advice to the Secretary of 

Transportation (the Secretary) and the 

FMCSA Administrator on medical 

issues relating to the physical 

qualification standards for commercial 

motor vehicle (CMV) drivers. In 2006, 

the Secretary appointed five physicians 

for 2-year terms to serve on the MRB. In 

2008, the Secretary reappointed the 

physicians to the MRB, with the 

chairperson currently serving a 2-year 

term, and the other four members 

serving staggered 1-year terms. In 2009, 

the Secretary appointed two new 

members to a 2-year term, and 

reappointed two of the current members 

to a 1-year term to ensure the MRB 

continued to operate with five active 

members. The term of the chairman and 

two members will expire in 2010. 

Therefore, in 2010, the Secretary will 

appoint three new MRB members to fill 

the vacancies created when the three 

current members’ terms expire. In 

addition, the Secretary will appoint 

alternates to serve if one or more of the 

appointed MRB members is unable to 

complete his/her term. The appointment 

of alternates ensures that the MRB will 

operate continuously with five active 

members. 

DATES: Applications must be received 

by August 17, 2009. FMCSA will 

periodically call for applications as 

deemed necessary. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, 202–366–4001, FMCSA, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. Office hours are from 8 a.m. 

to 5 p.m., E.T., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FMCSA has current statutory 

authority under 49 U.S.C. 31502 and 

31136 to determine the physical 

qualifications of interstate CMV drivers. 

The physical qualifications regulations 

for commercial motor vehicle (CMV) 

drivers in interstate commerce are found 

in 49 CFR 391.41. Section 391.43 

contains instructions to medical 

examiners for performing physical 

examinations of CMV drivers. FMCSA 

medical standards and guidelines are 

critical medical program components in 

accomplishing FMCSA’s mission to 

reduce crashes, injuries, and fatalities 

involving large trucks and buses. 

In 2005, Congress passed the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act; A Legacy for 

Users (SAFETEA–LU) (Pub. L. 109–59). 

Section 4116 (a) of SAFETEA–LU 

(codified at 49 U.S.C. 31149) required 

FMCSA to establish the MRB to provide 

scientific advice on matters related to 

CMV driver health and safety. The 

Charter for the MRB was originally 

approved and filed with the General 

Services Administration on September 

20, 2005 [FR 70 57642], and renewed on 

November 2, 2007. 

The MRB promotes CMV safety by 

providing science-based medical 

expertise on the medical qualification of 

CMV drivers, reviewing and revising 

medical standards, and interpreting 

medical research. These activities 

address the appropriateness and 

viability of the medical standards in the 

Federal Motor Carrier Safety 

Regulations, the framework that relates 

driver health to safe CMV operation. 

The MRB assesses and provides 

recommendations to FMCSA about 

regulations that may need to be changed 

or updated. FMCSA’s MRB provides 

information, advice, and 

recommendations to the Secretary of 

Transportation and the FMCSA 

Administrator on the development and 

implementation of science-based 

physical qualification standards 

applicable to interstate CMV drivers, 

and implementation of a national 

registry of medical examiners. The MRB 

does not hold regulatory development 

responsibilities, manage programs, or 

make decisions affecting such programs. 

The MRB provides a forum for the 

development, consideration, and 

communication of information from a 

knowledgeable, scientific perspective. 

The MRB began operations in February 

2006, with formal deliberations 

beginning in August 2006. The MRB 

meets 3–4 times each year and has 

issued many recommendations on 

cardiovascular diseases, seizure 

disorders, musculoskeletal diseases, and 

other topics pertinent to the certified 

driver medical examination. 


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