[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36819-36821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13221]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571.121

[Docket No. NHTSA-02-12053]
RIN No. 2127-AI48


Federal Motor Vehicle Safety Standards; Air Brake Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA, DOT.)

ACTION: Final rule; technical amendment.

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SUMMARY: In a May 3, 1989 final rule, NHTSA changed the brake 
applications and release timing requirements of the Federal motor 
vehicle safety standard on air brake systems. The changes to these 
requirements resulted in the addition of a new schematic diagram of a 
trailer test rig, labeled as Figure 1, to the standard. A pre-existing 
trailer test rig schematic was re-labeled as Figure 1(a) and retained 
for use until the new brake application and release timing requirements 
and the new figure became effective May 3, 1991. We are now deleting 
the obsolete Figure (1)(a). A provision describing the pressure 
characteristics of the trailer test rig depicted in Figure 1(a) is also 
being deleted. We are also taking this opportunity to correct various 
minor errors and omissions in the standard.

DATES: Effective Date: The amendment made by this final rule is 
effective June 27, 2002.
    Petitions: Petitions for reconsideration must be received by July 
12, 2002.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number of this rule and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: The following persons at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590:

For non-legal issues: Mr. Jeffrey Woods, Safety Standards Engineer, 
Office of Crash Avoidance Standards, Vehicle Dynamics Division, 
National Highway Traffic Safety Administration, 400 Seventh Street, SW, 
Washington, DC 20590; telephone (202) 366-8525, fax (202) 493-2739, 
electronic mail ``[email protected]''.
For legal issues: Otto Matheke, Office of the Chief Counsel, NCC-20, 
telephone (202) 366-5253, facsimile (202) 366-3820, electronic mail 
``[email protected]''.

SUPPLEMENTARY INFORMATION: On May 3, 1989, we published a final rule 
(54 FR 18890) amending the brake applications and release timing 
requirements of Standard No. 121, Air brake systems. Under Standard 
121, pneumatic brake systems must meet a number of performance 
requirements when subjected to testing that includes both on-road and 
dynamometer testing. One of the aspects of brake system performance 
measured by Standard No. 121 is how quickly brakes are applied once the 
brake pedal is depressed and how quickly the brakes release after the 
brake pedal is allowed to return to its original position. The 1989 
final rule modified the existing application and release timing 
requirements and made several changes in how these application and 
release times are measured. One of the changes involved the test 
device, the trailer test rig, used in the timing tests. Due to this 
change, a schematic diagram of the test device to be used until the new 
timing requirements became effective on May 3, 1991, was re-labeled as 
Figure 1(a).
    Mr. Robert J. Crail submitted a petition for rulemaking to NHTSA 
dated July 17, 2000 requesting that Figure 1(a) be deleted from 
Standard No. 121. Mr. Crail's petition correctly indicated that Figure 
1(a) depicts a trailer test rig no longer used in the standard. The 
petition requested that Figure 1(a) be deleted because Figure 1 depicts 
the only trailer test rig now used in the standard. NHTSA granted the 
petition on April 6, 2001, indicating that it would review the issue to 
determine if further action would be appropriate.
    The agency has reviewed this issue and concluded that Figure 
(1)(a), which is now obsolete, should be deleted. NHTSA also has 
reviewed Standard No. 121 for other errors and omissions and is 
correcting these matters in this technical amendment. The agency 
believes that none of these corrections will change the substantive 
requirements of the Standard or have any effect on manufacturers of 
vehicles subject to Standard No. 121.
    As noted above, this technical amendment deletes Figure 1(a) 
depicting an obsolete trailer test rig. S6.1.13(b) which describes the 
pressure characteristics of the old trailer test rig depicted in Figure 
1(a), is also being deleted. S6.1.13(a) which references the currently-
used trailer test rig in Figure 1, is renumbered as S6.1.13.
    NHTSA is also correcting other typographical errors and omissions. 
The last sentence of S5.4.1.1 currently states ``after each stop, 
rotate the brake drum or disc until the temperature of the brake falls 
to between 125 [deg]F. And 200 [deg]F.'' This sentence is being 
corrected by deleting the period after ``125 [deg]F'' and removing the 
capitalization of the A in ``and'' to join the two sentences. As 
corrected, the last section of the sentence states ``between 125 [deg]F 
and 200 [deg]F.'' S6.1.2 states that ``the inflation pressure is as 
specified by the vehicle manufacturer for the GVWR.'' The word ``tire'' 
is now being inserted before the word ``inflation.'' Prior to this 
technical amendment, S6.1.8 included this sentence:

    If the vehicle cannot attain a speed of 40 mph in 1 mph, 
continue to accelerate until the vehicle reaches 40 mph or until the 
vehicle has traveled 1.5 miles from the initial point of the 
previous brake application, whichever occurs first.

    We are now correcting S6.1.8 by replacing ``1 mph'' with ``1 mile'' 
so the sentence states ``If the vehicle cannot attain a speed of 40 mph 
in 1 mile, continue * * *'' Prior to the technical corrections set 
forth in this notice, S6.2.5 stated, in part, that ``the rate of brake 
drum or disc rotation on a dynamometer or responding to the rate of 
rotation * * *'' This phrase contained a typographical error as the 
words ``or responding'' were originally intended to be the single word 
``corresponding.'' NHTSA now amends this section of S6.2.5 to state 
``the rate of brake drum or disc rotation on a dynamometer 
corresponding to the rate of rotation * * *''
    Several errors in tables and figures are also being corrected. 
Table III specifies brake chamber pressures that relate to brake 
retardation forces in the dynamometer test requirements in S5.4.1 Brake 
retardation force. NHTSA is modifying Table III to remedy a 
typographical error in the heading for the first column of the table. 
The

[[Page 36820]]

column heading incorrectly read ``Column 1, Brake Retardation Force, 
GAWR.'' The comma in between the word ``Force'' and the abbreviation 
``GAWR'' is being modified to reflect that the numbers in Column 1 are 
the quotient of brake retardation force divided by gross axle weight 
rating. The column heading is being changed to ``Brake Retardation 
Force/GAWR.''
    A correction is also being made to the rated brake chamber volumes 
presented in Table V. In a final rule published in the Federal Register 
on July 11, 1996, (61 FR 36516) NHTSA revised the rated brake chamber 
volumes for long-stroke brake chambers in Table V. However, the revised 
brake volumes were never were put into Table V. Therefore, the correct 
values from the July 11, 1996, final rule are now being put into Table 
V.
    NHTSA is also inserting a new section into the Standard. Standard 
No. 121 establishes brake performance requirements employing both 
dynamometer and road tests to measure braking force. Both tests require 
that brake temperatures be monitored before and during testing and each 
test must be performed when the brakes are in a certain temperature 
range. In order to assist those performing the dynamometer test, S6.2.4 
provides guidance on the placement and mounting of temperature sensing 
devices on the brake shoes and contains a reference to a diagram 
contained in Figure 2. However, reference to Figure 2 and guidance on 
the installation of temperature sensing devices were omitted from the 
conditions for the road test contained in S6.1. In order to remedy this 
omission, S6.1 is amended to add a new paragraph, S6.1.16, outlining 
temperature sensor installation:

    S6.1.16 Thermocouples. The brake temperature is measured by 
plug-type thermocouples installed in the approximate center of the 
facing length and width of the most heavily loaded shoe or disc pad, 
one per brake, as shown in Figure 2. A second thermocouple may be 
installed at the beginning of the test sequence if the lining wear 
is expected to reach a point causing the first thermocouple to 
contact the rubbing surface of a drum or rotor. The second 
thermocouple shall be installed at a depth of .080 inch and located 
within 1 inch circumferentially of the thermocouple installed at 
.040 inch depth. For centergrooved shoes or pads, thermocouples are 
installed within one-eighth of an inch to one-quarter of an inch of 
the groove and as close to the center as possible.

    We find for good cause that notice and the opportunity to comment 
on these technical amendments are unnecessary and contrary to the 
public interest. As noted above, the agency believes that none of these 
corrections will change the substantive requirements of the Standard or 
have any effect on manufacturers of vehicles subject to Standard No. 
121.

Rulemaking Analyses

A. Executive Order 12866 (Federal Regulation) and DOT Regulatory 
Policies and Procedures

    This notice has not been reviewed under E.O. 12866. After 
considering the impacts of this rulemaking action, NHTSA has determined 
that the action is not significant within the meaning of the Department 
of Transportation regulatory policies and procedures. The final rule 
makes no substantive changes. The impacts are so minimal as not to 
warrant the preparation of a full regulatory evaluation.

B. Regulatory Flexibility Act

    The agency has also considered the effects of this action in 
relation to the Regulatory Flexibility Act. For the reasons discussed 
above, I certify that this action would not have a significant economic 
impact upon ``a substantial number of small entities.'' The amendment 
is intended to assist potential applicants for temporary exemptions, 
including small businesses, to understand agency procedures so that, if 
a request for confidentiality is made, the documentation will be 
complete at the time the request is made. It is also designed to 
provide guidance as to arguments the agency considers relevant in 
making decisions upon exemption applications. Governmental 
jurisdictions will not be affected at all since they are generally 
neither importers nor purchasers of nonconforming imported motor 
vehicles.

C. Executive Order 12612 (Federalism)

    The agency has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 
``Federalism'' and determined that the action does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

D. National Environmental Policy Act

    NHTSA has analyzed this action for purposes of the National 
Environmental Policy Act and concludes that the action will not have a 
significant effect upon the environment because it is anticipated that 
the annual volume of motor vehicles produced or imported will not vary 
from that existing before promulgation of the rule.

E. Civil Justice Reform

    This final rule will not have any retroactive effect. Under 49 
U.S.C. 30103, 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. A procedure is set forth in 49 U.S.C. 30161 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.

F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the cost, benefits and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. Since this final rule will not have a $100 
million effect, no Unfunded Mandates assessment has been prepared.

List of Subjects in 49 CFR Part 571

    Motor vehicle safety.


    In consideration of the foregoing, NHTSA amends 49 CFR part 571.121 
as follows:

PART 571.121--[AMENDED]

    1. The authority citation for part 571 continues to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; 
delegation of authority at 49 CFR 1.50.

    2. Amend Section 571.121 by revising S5.4.1.1, S6.1.8, S6.1.13, 
S6.2.5, Table III, Table V, removing figure 1(a), and adding S6.1.16 to 
read as follows:


[sect] 571.121  Air brake systems.

* * * * *
    S5.4.1.1 After burnishing the brake pursuant to S6.2.6, retain the 
brake assembly on the inertia dynamometer. With an initial brake 
temperature between 125 [deg]F. and 200 [deg]F., conduct a stop from 50 
m.p.h., maintaining brake chamber air pressure at a constant 20 psi. 
Measure the average torque exerted by the brake from the time the 
specified air pressure is reached until the brake stops and divide by 
the static loaded tire radius specified by the tire manufacturer to 
determine the retardation force. Repeat the procedure six times, 
increasing the brake chamber

[[Page 36821]]

air pressure by 10 psi each time. After each stop, rotate the brake 
drum or disc until the temperature of the brake falls to between 125 
[deg]F. and 200 [deg]F.
* * * * *
    S6.1.8 For vehicles with parking brake systems not utilizing the 
service brake friction elements, burnish the friction elements of such 
systems prior to the parking brake test according to the manufacturer's 
recommendations. For vehicles with parking brake systems utilizing the 
service brake friction elements, burnish the brakes as follows: With 
the transmission in the highest gear appropriate for a speed of 40 mph, 
make 500 snubs between 40 mph and 20 mph at a deceleration rate of 10 
f.p.s.p.s., or at the vehicle's maximum deceleration rate if less than 
10 f.p.s.p.s. Except where an adjustment is specified, after each brake 
application accelerate to 40 mph and maintain that speed until making 
the next brake application at a point 1 mile from the initial point of 
the previous brake application. If the vehicle cannot attain a speed of 
40 mph in 1 mile, continue to accelerate until the vehicle reaches 40 
mph or until the vehicle has traveled 1.5 miles from the initial point 
of the previous brake application, whichever occurs first. Any 
automatic pressure limiting valve is in use to limit pressure as 
designed. The brakes may be adjusted up to three times during the 
burnish procedure, at intervals specified by the vehicle manufacturer, 
and may be adjusted at the conclusion of the burnishing, in accordance 
with the vehicle manufacturer's recommendation.
* * * * *
    S6.1.13 Trailer test rig.
    The trailer test rig shown in Figure 1 is calibrated in accordance 
with the calibration curves shown in Figure 3. For the requirements of 
S5.3.3.1 and S5.3.4.1, the pressure in the trailer test rig reservoir 
is initially set at 100 psi for actuation tests and 95 psi for release 
tests.
* * * * *
    S6.1.16 Thermocouples.
    The brake temperature is measured by plug-type thermocouples 
installed in the approximate center of the facing length and width of 
the most heavily loaded shoe or disc pad, one per brake, as shown in 
Figure 2. A second thermocouple may be installed at the beginning of 
the test sequence if the lining wear is expected to reach a point 
causing the first thermocouple to contact the rubbing surface of a drum 
or rotor. The second thermocouple shall be installed at a depth of .080 
inch and located within 1 inch circumferentially of the thermocouple 
installed at .040 inch depth. For centergrooved shoes or pads, 
thermocouples are installed within one-eighth of an inch to one-quarter 
of an inch of the groove and as close to the center as possible.
* * * * *
    S6.2.5 The rate of brake drum or disc rotation on a dynamometer 
corresponding to the rate of rotation on a vehicle at a given speed is 
calculated by assuming a tire radius equal to the static loaded radius 
specified by the tire manufacturer.
* * * * *

                   Table III.--Brake Retardation Force
------------------------------------------------------------------------
                                                               Column 2
                                                                brake
           Column 1 brake retardation force/GAWR               chamber
                                                              pressure,
                                                                 PSI
------------------------------------------------------------------------
0.05.......................................................           20
0.12.......................................................           30
0.18.......................................................           40
0.25.......................................................           50
0.31.......................................................           60
0.37.......................................................           70
0.41.......................................................           80
------------------------------------------------------------------------

* * * * *

                  Table V.--Brake Chamber Rated Volumes
------------------------------------------------------------------------
 Brake Chamber type  (nominal area                      Column 2  rated
 of piston or diaphragm in square     Column 1 full      volume  (cubic
              inches)                stroke  (inches)       inches)
------------------------------------------------------------------------
Type 9............................          1.75/2.10                 25
Type 12...........................          1.75/2.10                 30
Type 14...........................          2.25/2.70                 40
Type 16...........................          2.25/2.70                 46
Type 18...........................          2.25/2.70                 50
Type 20...........................          2.25/2.70                 54
Type 24...........................          2.50/3.20                 67
Type 30...........................          2.50/3.20                 89
Type 36...........................          3.00/3.60                135
------------------------------------------------------------------------


    Dated: Issued: May 21, 2002.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 02-13221 Filed 5-24-02; 8:45 am]
BILLING CODE 4910-59-P