[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Proposed Rules]
[Pages 31135-31137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14461]
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DEPARTMENT OF TRANSPORTATION
49 CFR Part 571
[Docket No. 90-3; Notice 5]
RIN 2127-AF63
Federal Motor Vehicle Safety Standards; Air Brake Systems Air
Compressor Cut-In
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: In response to a petition for rulemaking submitted by the
Truck Trailer Manufacturers Association (TTMA), this notice proposes to
amend the requirement for the minimum air compressor cut-in pressure in
Standard No. 121, Air Brake Systems, to require the automatic
activation of the air compressor whenever the pressure in the air brake
system drops below 100 psi. The agency has tentatively concluded that
the proposed amendment would ensure that new truck tractors provide
trailers with sufficient air pressure for release of the trailer
parking brakes and provide adequate service braking.
DATES: Comments. Comments must be received on or before August 14,
1995.
Proposed Effective Date. The proposed amendment in this notice
would become effective 30 days after publication of a final rule in the
Federal Register.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Section, National Highway Traffic Safety
Administration, 400 Seventh Street SW., Washington, DC 20590. Docket
hours are 9:30 a.m. to 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Carter, Office of Vehicle
Safety Standards, National Highway Traffic Safety Administration, 400
Seventh Street SW., Washington, DC 20590. (202-366-5274).
SUPPLEMENTARY INFORMATION:
I. Background
Standard No. 121, Air Brake Systems, specifies performance and
equipment requirements for braking systems on vehicles equipped with
air brakes, including a requirement specifying the minimum air pressure
at which a towing vehicle's air compressor governor must automatically
activate. The governor maintains reservoir air pressure between
predetermined minimum and maximum pressures. Under the current
requirement in S5.1.1.1, the governor must automatically activate the
air compressor when air pressure in the reservoir falls to 85 psi.
Currently manufactured air brake systems typically operate between 100
psi and 120 psi.
NHTSA adopted the air compressor governor minimum cut-in
requirement in S5.1.1.1 on October 8, 1991. (56 FR 50666) The agency
explained that, under this requirement, the air compressor on a tractor
will be activated to restore or maintain pressure in the brake supply
system until the air leak is detected and corrected. The agency further
stated that since most vehicles already comply with this requirement,
it would not result in an undue burden for manufacturers.
The October 1991 final rule also simplified requirements applicable
to air brake systems by amending Standard No. 121 to delete the
requirement for each trailer to have a separate protected reservoir for
the purpose of releasing the parking brake. Under the rule, air
pressure from the tractor supply lines may be used to release the
trailer parking brakes rather than air from a separate reservoir. The
final rule also specified requirements for a minimum air pressure of 70
p.s.i. in the trailer's supply line in the event of pneumatic failure
and for prevention of the automatic application of the trailer parking
brakes while the minimum trailer supply line air pressure is
maintained.
II. Rulemaking Petition
On August 2, 1994, the Truck Trailer Manufacturers Association
(TTMA) submitted a petition for rulemaking to amend Standard No. 121 to
increase the minimum air pressure governor cut-in requirement in
S5.1.1.1 from 85 psi to 100 psi. The petitioner stated that its
requested amendment is necessary to assure that new truck tractors
provide air braked trailers with sufficient [[Page 31136]] pressure for
release of the trailer parking brakes and to provide adequate service
braking. TTMA said that the current 85 psi air pressure governor cut-in
requirement may not supply adequate pressure to a trailer being towed
by a tractor. TTMA also stated that higher truck or tractor air
pressures increase the speed at which trucks or tractors can resupply
trailers with air and these higher pressures will store more air for
use by the braking systems. It further stated that ``all tractor
manufacturers are now building tractors whose nominal compressor cut-in
pressure is at least 100 psi.''
III. NHTSA Proposal
After reviewing TTMA's petition, NHTSA has decided to propose
increasing the minimum air compressor cut-in pressure requirement from
85 psi to 100 psi. There are several reasons for increasing the cut-in
air pressure above the current 85 psi level. First, the agency has
tentatively determined that the proposed amendment would enhance safety
by better ensuring that new truck tractors are capable of providing
trailers with sufficient pressure for release of the trailer parking
brakes and provide adequate service braking. Specifically, by raising
the cut-in pressure, this amendment would allow the storage of an
additional volume of compressed air that would be available for an air
brake system. This is important since the 1991 final rule eliminated
the requirement for a separate protected reservoir with a stored volume
of air used for releasing the trailer parking brakes. Second, the
proposal to maintain an overall higher system air pressure would allow
a better ``match up'' of protection valve settings between the tractors
and trailers. Third, long stroke brake chambers, which need more
compressed air, would have available an additional volume of air at
higher pressure. This would provide a greater margin of safety.
NHTSA has tentatively concluded that increasing the air pressure to
a 100 psi minimum would not result in any safety problems. The agency
invites comments about the effect of this proposed amendment on safety.
NHTSA's analysis of current manufacturing practices confirms TTMA's
statement that tractor manufacturers are now building tractors with a
cut-in pressure of at least 100 psi. The docket includes a memorandum
summarizing the agency's discussions with vehicle manufacturers and the
American Trucking Associations in which they indicate that new truck
tractors are typically equipped with governors that activate the air
compressor when air pressure drops to 100 psi. In addition, NHTSA has
discussed the issue of air pressure cut-in with Midland-Grau and
AlliedSignal, which together produce over 95 percent of the air
compressors and governors in the United States. Midland-Grau sets their
air compressors and governors at 105 psi, while AlliedSignal sets their
air compressors and governors at 100 psi. NHTSA knows of no company
that manufactures these devices with a cut-on pressure between 85 and
100 psi nor of any purchaser that requests a cut-on pressure in this
lower range. Accordingly, NHTSA believes the proposed amendment would
codify existing industry practice, since equipment on new vehicles are
being built with the proposed settings.
The statute requires that each order shall take effect no sooner
than 180 days from the date the order is issued unless good cause is
shown that an earlier effective date is in the public interest. NHTSA
has tentatively concluded that there would be good cause not to provide
the 180 day lead-in period given that this amendment will have no
adverse effect on manufacturers since all manufacturers currently
comply with the proposed requirements. Based on the above, the agency
has tentatively concluded that there is good cause for an effective
date 30 days after publication of the final rule. NHTSA requests
comments about whether a 30 day effective date is appropriate or
whether more lead time is necessary.
Rulemaking Analyses and Notices
1. Executive Order 12866 (Federal Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
This proposal was not reviewed under E.O. 12866. NHTSA has analyzed
this proposal and determined that it is not ``significant'' within the
meaning of the Department of Transportation's regulatory policies and
procedures. A full regulatory evaluation is not required because the
rule, if adopted, would have a minimal effect on costs or benefits of
the existing requirements. In large part, today's proposed amendment
merely codifies an existing industry practice.
2. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, NHTSA has
evaluated the effects of this action on small entities. Based upon this
evaluation, I certify that the proposed amendment would not have a
significant economic impact on a substantial number of small entities.
Vehicle and brake manufacturers typically would not qualify as small
entities. Vehicle manufacturers, small businesses, small organizations,
and small governmental units which purchase motor vehicles would not be
significantly affected by the proposed requirements. Accordingly, no
regulatory flexibility analysis has been prepared.
3. Executive Order 12612 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rule would not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment. No
State laws would be affected.
4. National Environmental Policy Act
Finally, the agency has considered the environmental implications
of this proposed rule in accordance with the National Environmental
Policy Act of 1969 and determined that the proposed rule would not
significantly affect the human environment.
5. Civil Justice Reform
This proposed rule would not have any retroactive effect. Under
section 103(d) of the National Traffic and Motor Vehicle Safety Act (49
U.S.C. 30111), whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard. Section 105 of the Act (49 U.S.C. 30161) sets forth a
procedure for judicial review of final rules establishing, amending or
revoking Federal motor vehicle safety standards. That section does not
require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
Public Comments
Interested persons are invited to submit comments on the proposal.
It is requested but not required that 10 copies be submitted.
All comments must not exceed 15 pages in length. (49 CFR 553.21).
Necessary attachments may be appended to these submissions without
regard to the 15-page limit. This limitation is intended to encourage
commenters to detail their primary arguments in a concise fashion.
If a commenter wishes to submit certain information under a claim
of confidentiality, three copies of the complete submission, including
purportedly confidential business information, should be submitted to
the Chief Counsel, NHTSA, at the street [[Page 31137]] address given
above, and seven copies from which the purportedly confidential
information has been deleted should be submitted to the Docket Section.
A request for confidentiality should be accompanied by a cover letter
setting forth the information specified in the agency's confidential
business information regulation. 49 CFR part 512.
All comments received before the close of business on the comment
closing date indicated above for the proposal will be considered, and
will be available for examination in the docket at the above address
both before and after that date. To the extent possible, comments filed
after the closing date will also be considered. Comments received too
late for consideration in regard to the final rule will be considered
as suggestions for further rulemaking action. The NHTSA will continue
to file relevant information as it becomes available in the docket
after the closing date, and it is recommended that interested persons
continue to examine the docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the rules docket should enclose a self-addressed, stamped
postcard in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
List of Subjects in 49 CFR Part 571
Imports, Incorporation by reference, Motor vehicle safety, Motor
vehicles, Rubber and rubber products, Tires.
In consideration of the foregoing, the agency proposes to amend
Standard No. 121, Air Brake Systems, in Title 49 of the Code of Federal
Regulations at Part 571 as follows:
PART 571--[AMENDED]
1. The authority citation for Part 571 would be revised to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
2. In Sec. 571.121, S5.1.1.1 would be revised to read as follows:
Sec. 571.121 Standard No. 121; Air brake systems.
* * * * *
S5.1.1.1 Air compressor cut-in pressure. The air compressor
governor cut-in pressure shall be greater than 100 p.s.i.
* * * * *
Issued on: June 8, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-14461 Filed 6-12-95; 8:45 am]
BILLING CODE 4910-59-P