[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Notices]
[Pages 9215-9216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4521]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5116; Notice 1]


Johnston Sweeper Company; Application for Temporary Exemption 
From Federal Motor Vehicle Safety Standard No. 105

    We are asking for public comment on the application by Johnston 
Sweeper Company of Chino, California (``JSC''), for an exemption until 
March 1, 2002, from requirements of Motor Vehicle Safety Standard No. 
105, Hyraulic and Electric Brake Systems, that are effective March 1, 
1999. JSC has applied on the basis that ``compliance would cause 
substantial economic hardship to a manufacturer that has tried in good 
faith to comply with the standard.'' 49 CFR 555.6(a).
    We are publishing this notice of receipt of the application in 
accordance with our regulations on temporary exemptions. This action 
does not represent any judgment by us about the merits of the 
application. The discussion that follows is based on information 
contained in JSC's application.

Why JSC Needs a Temporary Exemption

    On and after March 1, 1999, S5.5 of Standard No. 105 requires any 
motor vehicle with a GVWR greater than 10,000 pounds, except for a 
vehicle that has a speed attainable in 2 miles of 30 mph or less, to be 
equipped with an antilock brake system (``ABS''), as specified in 
S5.5.1 of the standard. JSC manufactures street sweepers. One of these, 
the Model M4000, is a ``truck'' as defined by our regulations. The 
M4000 is hydrostatically driven, and has two braking systems: 
hydrostatic braking and hydraulically-braked front and rear axles. Both 
axles are specifically manufactured for JSC by proprietary axle 
manufacturers who produce customized versions of existing conventional 
vehicle axles, in order to make them economically viable. As far as JCS 
can ascertain, it is unique in producing a hydrostatically-driven 
vehicle that can achieve highway speeds of up to 60 mph. A supplier had 
promised axles by August 1998 that would be compatible with ABS control 
systems leading JSC to expect that it could conform with the new 
requirements of Standard No. 105 effective March 1, 1999. However, for 
the reasons discussed below, the supplier is unable to fulfill its 
commitment to JCS in a timely manner.

[[Page 9216]]

Why Compliance Would Cause JSC Substantial Economic Hardship

    JSC produced 303 sweepers in 1998. Its net losses over the past 
three fiscal years have averaged $1,690,815 annually. It estimates that 
``the loss of sales by not being granted an exemption would result in 
20% less turnover.'' JSC stated that it employs 170 persons and 
contributes more than $30,000,000 to the American economy, and, if its 
application is denied, this would have a measurable effect on its 
employment force and the company's economic contributions.
    JCS stated that it believes it will need 18 to 24 months to 
complete compliance work after receipt of prototype axles, in order to 
assure the reliability and endurance of its vehicles when the system is 
put into production.

How JSC Has Tried To Comply With the Standard in Good Faith

    During 1997, JSC concluded a long search to find a manufacturer 
prepared to design and manufacture economically-viable front and rear 
axle and brake assemblies compatible with ABS control systems. Its 
supplier promised to provide axles by August 1998. According to JSC, 
``the supplier subsequently acquired another axle manufacturer and 
instigated a rationalization review of the resulting combined product 
ranges.'' As a result, the supplier has decided not to produce the 
original axle design. JCS does not expect suitable prototypes to be 
available until mid to late 1999. The company has approached other axle 
manufacturers but has not yet located a better alternative. After it 
receives prototype axles, significant testing will be required to 
integrate the ABS with hydrostatic braking and to ensure the 
reliability and durability of the axles and braking system.

Why Exempting JSC Would Be Consistent With the Public Interest and 
Objectives of Motor Vehicle Safety

    JCS said that it is a leading provider of road sweepers to 
municipalities, airports, and the like, which benefits the public by 
helping to reduce health hazards (``air borne, on the ground and in 
run-off water''). The company believes that the fact that its sweepers 
are reliable, durable, and cost effective is also in the public 
interest.
    The sweepers operate at average speeds of from 2 to 8 mph for 
approximately 80 to 90 percent of the time, ``well below the limit 
requiring ABS brakes.'' JSC stated that its sweepers ``have inherently 
safe braking (hydrostatic) since the retardation force applied is 
proportional to the tractive effort being applied, at the time.''

How To Comment on JSC's Application

    If you would like to comment on JSC's application, send two copies 
of your comments, in writing, to: Docket Management, National Highway 
Traffic Safety Administration, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590, in care of the docket and notice number shown at 
the top of this document.
    We shall consider all comments received before the close of 
business on the comment closing date stated below. To the extent 
possible, we shall also consider comments filed after the closing date. 
You may examine the docket in Room PL-401, both before and after that 
date, between 10 a.m. and 5 p.m.
    When we have reached a decision, we shall publish it in the Federal 
Register.
    Comment closing date: March 16, 1999.

    Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR 
1.50 and 501.4.

    Issued on: February 18, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-4521 Filed 2-23-99; 8:45 am]
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