[Federal Register Volume 64, Number 221 (Wednesday, November 17, 1999)]
[Notices]
[Page 62740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29953]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-99-6478; Notice 1]
Advanced Bus Industries, LLC; Application for Temporary Exemption
From Federal Motor Vehicle Safety Standard No. 105
We are asking your views on the application by Advanced Bus
Industries, LLC, of Columbus, Ohio, (``ABI'') for a temporary exemption
for its MSV small bus from the requirement of Motor Vehicle Safety
Standard No. 105 Hydraulic and Electric Brake Systems that a service
brake system be provided on all wheels. ABI has applied on the basis
that it ``is otherwise unable to sell a motor vehicle whose overall
level of safety is equivalent to or exceeds the overall level of safety
of nonexempted motor vehicles.'' 49 CFR 555.6(d).
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 ABI's application.
ABI's Reasons Why it Needs a Temporary Exemption
Paragraph S5.1 of Standard No. 105 requires motor vehicles to which
the standard applies to be equipped with a service brake system acting
on all wheels. ABI has applied on behalf of its ``MSV Test and
Development Vehicle,'' a small bus with a GVWR of 13,500 pounds.
ABI describes the configuration of the MSV by saying that the four-
wheel independent-suspension support is augmented by a small-wheeled
tag axle. The tag axle is located behind the two rear-independent
suspension wheels. The four independent-suspension wheels are fitted
with hydraulic-caliper disc brakes but the two small wheels of the tag
axle are not fitted with brakes. ABI asks to be excused from providing
brakes for the wheels of the tag axle.
The MSV was originally developed without the tag axle, but pre-
production changes increased the gross weight on the two rear wheels
beyond the rated load capacity of the rear tires. ABI has added a
Dexter tag axle to support the additional weight.
The standard-equipment brakes operate with a low displacement of
hydraulic fluid at a pressure of approximately 1,600 psi. The vehicle
is equipped with an antilock braking system (ABS). However, ``there is
no commercially-available tag axle with a braking system that is
compatible with the vehicle's main service brake system.'' Absent an
exemption, ABI will not be able to sell the production version of the
MSV. While any exemption provided is in effect, ABI intends ``to
develop a new higher-capacity, rear wheel suspension system that will
eliminate the need for the tag axle'', and does not anticipate selling
more than 75 vehicles for any 12-month period that the exemption is in
effect.
ABI's Reasons Why the Overall Level of Safety of the MSV Is at
Least Equal to That of a Complying Motor Vehicle
Although the MSV does not contain any safety features other than
those required by the Federal motor vehicle safety standards, ABI
argues that it otherwise exceeds the requirements of Standard No. 105
``and easily complies with brake-in-turn (stability and control)
standards expected to be proposed by NHTSA in the near future.''
The company has tested the MSV service brake system to the
requirements of Standard No. 105, and enclosed a copy of the test
report with its petition. The report stated that ``even without brakes
on the tag axle, the vehicle was still able to meet all of the
performance requirements of FMVSS 105 by a significant margin.'' (Test
No. RAI-ABI-01, Radlinski & Associates, Inc., August 1999, p. 2). The
report also concluded that the results demonstrated ``that the tag
axle, which only carries 1,500 lb (11 percent of the total weight),
does not really need brakes in order for the vehicle to provide safe
stopping performance as defined by the requirements of the standard''
(id., p. 2).
ABI's Reasons Why an Exemption Would Be Consistent With the Public
Interest and Objectives of Motor Vehicle Safety
ABI argued that an exemption would be in the public interest and
consistent with traffic safety objectives because granting the
exemption ``will permit public-transit use of the advanced features of
the MSV bus while fulfilling the letter, and the intent, of the FMVSS
standards.'' These advanced features are ``significantly improved ride
and handling characteristics compared to existing small buses and the
MSV's stainless steel frame and FRP body will be more durable than
conventionally-constructed buses in this class.'' In addition, the
company believes that test report shows that the braking performance,
even without brakes on the tag axle, significantly exceeds the
requirements of Standard No. 105.
How To Comment on ABI's Application
If you would like to comment on ABI's petition, please 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.
Comments may also be submitted electronically by logging onto the
Docket Management System website at http://dms.dot.gov. Click on ``Help
& Information'' or ``Help/Info'' to obtain instructions.
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., or by accessing the docket at its
website.
When we have reached a decision, we shall publish it in the Federal
Register.
Comment closing date: December 17, 1999.
Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR
1.50 and 501.4.
Issued on: Novermber 10, 1999.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 99-29953 Filed 11-16-99; 8:45 am]
BILLING CODE 4910-59-P