[Federal Register Volume 66, Number 30 (Tuesday, February 13, 2001)]
[Notices]
[Pages 10049-10050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3557]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-6209; Notice 2]


American Transportation Corp., Partial Grant and Partial Denial 
of Application for Decision of Inconsequential Noncompliance

    American Transportation Corporation (AmTran) has determined 
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 noncompliances and the failures to meet part 567 are 
inconsequential to motor vehicle safety.
    Notice of receipt of the application was published, with a 30-day 
comment period, on September 27, 1999, in the Federal Register (64 FR 
52118). NHTSA received no comments.
    From October 27, 1991 through February 11, 1999, AmTran produced 
1,514 buses with incorrect certification labels. AmTran states that the 
tire inflation pressure, as it is written on the certification label 
required by part 567, cannot support the weight capacity of the bus. 
AmTran has determined that a majority of the certification labels 
specify an inflation pressure that is five

[[Page 10050]]

to ten pounds below the inflation pressure that is necessary to support 
the weight of the bus when it operates with a full load of passengers. 
In addition, a few certification labels specify an inflation pressure 
that is ten to twenty pounds below the inflation pressure that is 
necessary to support the weight of the bus when it operates at maximum 
capacity. 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 certification labels to 
the vehicles' owners.
    In addition, the information on the certification label is required 
to be specified in English and metric units. 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 noncompliance 
for the certification label by stating the following:
    <bullet> Most buses do not run at full GVWR or full capacity.
    <bullet> When buses operate at full capacity, it is for a very 
short period of time.
    <bullet> There have been no tire warranty claims related to low 
pressure.
    <bullet> Most tires are inflated by charts used at maintenance 
areas and the certification document is not used as a guide.
    <bullet> The difference between the specified tire pressure and the 
required tire pressure is not a safety issue in this case.
    In addition, AmTran supports its application for inconsequential 
noncompliance for the missing units of ``lbs'' by stating the 
following:
    <bullet> Not aware of any problems created by the missing unit 
identification.
    <bullet> It is understood in the U.S. bus industry that the GAWR 
and GVWR are listed in pounds.
    We have reviewed the petitioner's arguments. The purpose for the 
labeling requirements in FMVSS No. 120 is to provide the vehicle user 
with information for the safe operation of the vehicle. FMVSS No. 120 
paragraph S5.3.1 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. Part 567 specifies the content and location of the 
certification label. In this case, no units of measure were provided.
    Of the 1,514 buses, our analysis indicates that 557 have specified 
a tire inflation pressure on the label that is incorrect and may not be 
able to handle the load. Under-inflation and overloading produces 
structural failure in a tire; this could cause loss of control while 
the vehicle is traveling on the highway. This presents a clear and 
distinct safety hazard. However, the remaining 957 buses, based on our 
analysis of supplemental data, should be able to handle the full 
occupant capacity loads when the vehicle tires are inflated to the 
recommended inflation pressures.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has not met its burden of persuasion that the noncompliance 
it describes is inconsequential to safety for 557 buses. Accordingly, 
in regards to the certification label, its application is hereby denied 
for 557 buses and granted for 957 buses. In addition, the replacement 
labels should contain the correct data in both metric and English 
units.
    According to AmTran, the processes have been extensively reviewed, 
the causes of these noncompliances have been isolated, and changes in 
the processes have been instituted to prevent any future occurrences. 
In addition, the noncompliance is limited to the buses addressed in 
this notice, and AmTran stated that its future products will comply 
with the prescribed requirements.
    The agency agrees with AmTran that the label on these buses whose 
only deficiency is the failure to provide the marking ``lbs'' for the 
units, and a metric conversion, is likely to achieve the safety purpose 
of the required label. The vehicle user will have the correct safety 
information in the prescribed location and format. Since petitioning 
the agency on this subject, AmTran has corrected its certification 
label process to include the prescribed format.
    In consideration of the foregoing, NHTSA has decided that the 
applicant has met its burden of persuasion that this labeling 
noncompliance portion of its petition is inconsequential to motor 
vehicle safety. Accordingly, we grant its petition on this issue.


(49 U.S.C. 30118, 30120, delegations of authority at 49 CFR 1.50 and 
501.8)
    Issued on February 2, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-3557 Filed 2-12-01; 8:45 am]
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