[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Rules and Regulations]
[Pages 15620-15621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7132]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA 2009-0175]
RIN 2127-AK62
Federal Motor Vehicle Safety Standards; Air Brake Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; correcting amendments.
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SUMMARY: In July 2009, NHTSA published a final rule that amended the
Federal motor vehicle safety standard for air brake systems by
requiring substantial improvements in stopping distance performance. In
November 2009, the agency published a final rule that provided a
partial response to petitions for reconsideration of the earlier rule.
Today's document corrects errors in the November 2009 final rule.
DATES: This rule is effective April 29, 2010.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr.
Jeff Woods, Office of Crash Avoidance Standards (Telephone: 202-366-
5274) (Fax: 202-366-7002). For legal issues, you may call Mr. Edward
Glancy, Office of Chief Counsel (Telephone: 202-366-2992). You may send
mail to these officials at the National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., West Building, Washington,
DC 20590.
SUPPLEMENTARY INFORMATION: On July 27, 2009, NHSTA published a final
rule \1\ in the Federal Register (74 FR 37122) amending Federal Motor
Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems, to require
improved stopping distance performance for truck tractors. The agency
provided two years of lead time for typical three-axle tractors, which
comprise approximately 82 percent of the truck tractor fleet. The
agency concluded that other types of tractors, which are produced in
far fewer numbers and may require additional work to fully develop
improved brake systems and also to ensure vehicle control and stability
while braking, would require more lead time, and the agency provided
four years for these vehicles to comply with the new stopping distance
requirements.
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\1\ Docket NHTSA-2009-0083
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NHTSA received eight petitions for reconsideration to the July 2009
final rule. The petitions were submitted by manufacturers of truck
tractors, an association of truck manufacturers, and heavy truck brake
component manufacturers.
On November 13, 2009, NHTSA published in the Federal Register (74
FR 58562) a final rule; partial response to petitions for
reconsideration.\2\ One of the issues we addressed in that document was
how typical three-axle tractors should be defined for purposes of
determining whether a three axle tractor is subject to the upgraded
requirements with two years of leadtime rather than a longer period. In
that document, we explained that we intended to limit the definition of
typical three axle tractors to those that have a steer axle GAWR of
14,600 pounds or less and a combined drive axle GAWR of 45,000 pounds
or less.\3\
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\2\ Docket NHTSA-2009-0175.
\3\ 74 FR at 58564.
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The Truck Manufacturers Association (TMA) submitted a petition for
reconsideration of the November 2009 final rule, citing an issue that
it believed to be an error. TMA noted that the agency used the term
``rear axles'' instead of ``rear drive axles'' in two portions of the
regulatory text defining the typical three axle tractors subject to the
upgraded requirements with two years of leadtime rather than a longer
period. TMA stated that based strictly on the regulatory text using the
term ``rear axles,'' certain three-axle tractors with one driven rear
axle and one non-driven rear axle (a 6x2 tractor configuration) may
fall under the two-year leadtime implementation date for the new
requirements. That organization stated that 6x2 tractors are specialty
vehicles that are manufactured in low volumes. TMA noted statements in
the preamble referring to drive axles. TMA requested that the agency
revise S5 and the title of Table IIa to use the term ``rear drive
axles.''
NHTSA has reviewed TMA's submission and agrees that the omission of
the word ``drive'' in S5 and the title heading of Table IIa was an
error. We are correcting FMVSS No. 121 by adding the word ``drive'' in
those locations.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, and Tires.
0
Accordingly, 49 CFR part 571 is corrected by making the following
correcting amendments:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 of title 49 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
0
2. Section 571.121 is amended by revising S5 and Table IIa to read as
follows:
Sec. 571.121 Standard No. 121; Air brake systems.
* * * * *
S5. Requirements. Each vehicle shall meet the following
requirements under the conditions specified in S6. However, at the
option of the manufacturer, the following vehicles may meet the
stopping distance requirements specified in Table IIa instead of Table
II: Three-axle tractors with a front axle that has a GAWR of 14,600
pounds or less, and with two rear drive axles that have a combined GAWR
of 45,000 pounds or less, that are manufactured before August 1, 2011;
and all other tractors that are manufactured before August 1, 2013.
* * * * *
[[Page 15621]]
Table IIa--Stopping Distance in Feet: Optional Requirements for: (1) Three-Axle Tractors With a Front Axle That
Has a GAWR of 14,600 Pounds or Less, and With Two Rear Drive Axles That Have a Combined GAWR of 45,000 Pounds or
Less, Manufactured Before August 1, 2011; and (2) All Other Tractors Manufactured Before August 1, 2013
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Service brake Emergency brake
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Vehicle speed in miles per hour PFC PFC PFC PFC PFC PFC
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0.9 (1) 0.9 (2) 0.9 (3) 0.9 (4) 0.9 (5) 0.9 (6)
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20................................ 32 35 38 40 83 85
25................................ 49 54 59 62 123 131
30................................ 70 78 84 89 170 186
35................................ 96 106 114 121 225 250
40................................ 125 138 149 158 288 325
45................................ 158 175 189 200 358 409
50................................ 195 216 233 247 435 504
55................................ 236 261 281 299 520 608
60................................ 280 310 335 355 613 720
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Note: (1) Loaded and unloaded buses; (2) Loaded single unit
trucks; (3) Unloaded truck tractors and single unit trucks; (4)
Loaded truck tractors tested with an unbraked control trailer; (5)
All vehicles except truck tractors; (6) Unloaded truck tractors.
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Issued on: March 25, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-7132 Filed 3-29-10; 8:45 am]
BILLING CODE 4910-59-P