
[Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Rules and Regulations]               
[Page 15620-15621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr10-11]                         

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 2009-0175]
RIN 2127-AK62

 
Federal Motor Vehicle Safety Standards; Air Brake Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Final rule; correcting amendments.

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SUMMARY: In July 2009, NHTSA published a final rule that amended the 
Federal motor vehicle safety standard for air brake systems by 
requiring substantial improvements in stopping distance performance. In 
November 2009, the agency published a final rule that provided a 
partial response to petitions for reconsideration of the earlier rule. 
Today's document corrects errors in the November 2009 final rule.

DATES: This rule is effective April 29, 2010.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr. 
Jeff Woods, Office of Crash Avoidance Standards (Telephone: 202-366-
5274) (Fax: 202-366-7002). For legal issues, you may call Mr. Edward 
Glancy, Office of Chief Counsel (Telephone: 202-366-2992). You may send 
mail to these officials at the National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue, SE., West Building, Washington, 
DC 20590.

SUPPLEMENTARY INFORMATION: On July 27, 2009, NHSTA published a final 
rule \1\ in the Federal Register (74 FR 37122) amending Federal Motor 
Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems, to require 
improved stopping distance performance for truck tractors. The agency 
provided two years of lead time for typical three-axle tractors, which 
comprise approximately 82 percent of the truck tractor fleet. The 
agency concluded that other types of tractors, which are produced in 
far fewer numbers and may require additional work to fully develop 
improved brake systems and also to ensure vehicle control and stability 
while braking, would require more lead time, and the agency provided 
four years for these vehicles to comply with the new stopping distance 
requirements.
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    \1\ Docket  NHTSA-2009-0083
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    NHTSA received eight petitions for reconsideration to the July 2009 
final rule. The petitions were submitted by manufacturers of truck 
tractors, an association of truck manufacturers, and heavy truck brake 
component manufacturers.
    On November 13, 2009, NHTSA published in the Federal Register (74 
FR 58562) a final rule; partial response to petitions for 
reconsideration.\2\ One of the issues we addressed in that document was 
how typical three-axle tractors should be defined for purposes of 
determining whether a three axle tractor is subject to the upgraded 
requirements with two years of leadtime rather than a longer period. In 
that document, we explained that we intended to limit the definition of 
typical three axle tractors to those that have a steer axle GAWR of 
14,600 pounds or less and a combined drive axle GAWR of 45,000 pounds 
or less.\3\
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    \2\ Docket  NHTSA-2009-0175.
    \3\ 74 FR at 58564.
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    The Truck Manufacturers Association (TMA) submitted a petition for 
reconsideration of the November 2009 final rule, citing an issue that 
it believed to be an error. TMA noted that the agency used the term 
``rear axles'' instead of ``rear drive axles'' in two portions of the 
regulatory text defining the typical three axle tractors subject to the 
upgraded requirements with two years of leadtime rather than a longer 
period. TMA stated that based strictly on the regulatory text using the 
term ``rear axles,'' certain three-axle tractors with one driven rear 
axle and one non-driven rear axle (a 6x2 tractor configuration) may 
fall under the two-year leadtime implementation date for the new 
requirements. That organization stated that 6x2 tractors are specialty 
vehicles that are manufactured in low volumes. TMA noted statements in 
the preamble referring to drive axles. TMA requested that the agency 
revise S5 and the title of Table IIa to use the term ``rear drive 
axles.''
    NHTSA has reviewed TMA's submission and agrees that the omission of 
the word ``drive'' in S5 and the title heading of Table IIa was an 
error. We are correcting FMVSS No. 121 by adding the word ``drive'' in 
those locations.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, and Tires.

0
Accordingly, 49 CFR part 571 is corrected by making the following 
correcting amendments:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 of title 49 continues to read as 
follows:

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

0
2. Section 571.121 is amended by revising S5 and Table IIa to read as 
follows:


Sec.  571.121  Standard No. 121; Air brake systems.

* * * * *
    S5. Requirements. Each vehicle shall meet the following 
requirements under the conditions specified in S6. However, at the 
option of the manufacturer, the following vehicles may meet the 
stopping distance requirements specified in Table IIa instead of Table 
II: Three-axle tractors with a front axle that has a GAWR of 14,600 
pounds or less, and with two rear drive axles that have a combined GAWR 
of 45,000 pounds or less, that are manufactured before August 1, 2011; 
and all other tractors that are manufactured before August 1, 2013.
* * * * *

[[Page 15621]]



 Table IIa--Stopping Distance in Feet: Optional Requirements for: (1) Three-Axle Tractors With a Front Axle That
Has a GAWR of 14,600 Pounds or Less, and With Two Rear Drive Axles That Have a Combined GAWR of 45,000 Pounds or
     Less, Manufactured Before August 1, 2011; and (2) All Other Tractors Manufactured Before August 1, 2013
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                                                       Service brake                         Emergency brake
                                   -----------------------------------------------------------------------------
  Vehicle speed in miles per hour       PFC          PFC          PFC          PFC          PFC          PFC
                                   -----------------------------------------------------------------------------
                                      0.9 (1)      0.9 (2)      0.9 (3)      0.9 (4)      0.9 (5)      0.9 (6)
----------------------------------------------------------------------------------------------------------------
20................................           32           35           38           40           83           85
25................................           49           54           59           62          123          131
30................................           70           78           84           89          170          186
35................................           96          106          114          121          225          250
40................................          125          138          149          158          288          325
45................................          158          175          189          200          358          409
50................................          195          216          233          247          435          504
55................................          236          261          281          299          520          608
60................................          280          310          335          355          613          720
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    Note:  (1) Loaded and unloaded buses; (2) Loaded single unit 
trucks; (3) Unloaded truck tractors and single unit trucks; (4) 
Loaded truck tractors tested with an unbraked control trailer; (5) 
All vehicles except truck tractors; (6) Unloaded truck tractors.

* * * * *

    Issued on: March 25, 2010.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 2010-7132 Filed 3-29-10; 8:45 am]
BILLING CODE 4910-59-P

