[Federal Register Volume 64, Number 74 (Monday, April 19, 1999)]
[Notices]
[Pages 19214-19215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9706]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5116; Notice 2]


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

    For the reasons explained in this notice, we are granting 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, Hydraulic and Electric Brake Systems, 
that became effective March 1, 1999. JSC applied for an exemption 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 published notice of receipt of the application on February 24, 
1999 (64 FR 9215).
    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.

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.''

Our Findings and Agreement With Johnston's Arguments

    Well in advance of the effective date of the new requirements, 
Johnston found a supplier who would provide front and rear axle and 
brake assemblies compatible with ABS control systems. However, the 
supplier has decided not to produce the axle design agreed upon, and 
will not be able to provide an alternative axle until mid-1999. This 
last-minute change has prevented Johnston from complying with Standard 
No. 105 on March 1, 1999. The company has registered net losses in each 
of its past three fiscal years, and if it does not receive a temporary 
exemption, these losses can be expected to deepen.
    Denial of its application would ``have a measurable effect on its 
employment force'' which numbers 170 persons, as well as reducing the 
number of sweepers available for the sanitary needs of municipalities. 
Although the sweepers are capable of highway speeds of up to 60 miles 
per hour, they are intended for use on city streets which are zoned for 
much lower speeds. The operating speeds average 2 to 8 miles per hour 
while the streets are being swept, below the level of effectiveness of 
ABS systems.
    On the basis of the foregoing, we hereby find that a temporary 
exemption would be in the public interest and consistent with the 
objectives of traffic safety. We further find that compliance at this 
time would cause substantial economic hardship to a manufacturer that 
has tried in good faith to comply with the standard.

The Temporary Exemption

    Accordingly, Johnston Sweeper Company is hereby granted NHTSA 
Temporary Exemption No. 99-4 from

[[Page 19215]]

S5.5 of 49 CFR 571.105 Standard No. 105, Hydraulic and Electric Brake 
Systems, expiring March 1, 2002, for its Model M4000.

    Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 
1.50.

    Issued on: April 12, 1999.
Ricardo Martinez,
Administrator.
[FR Doc. 99-9706 Filed 4-16-99; 8:45 am]
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