95-14461. Federal Motor Vehicle Safety Standards; Air Brake Systems Air Compressor Cut-In  

  • [Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
    [Proposed Rules]
    [Pages 31135-31137]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-14461]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    49 CFR Part 571
    
    [Docket No. 90-3; Notice 5]
    RIN 2127-AF63
    
    
    Federal Motor Vehicle Safety Standards; Air Brake Systems Air 
    Compressor Cut-In
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation.
    
    ACTION: Notice of proposed rulemaking (NPRM).
    
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    SUMMARY: In response to a petition for rulemaking submitted by the 
    Truck Trailer Manufacturers Association (TTMA), this notice proposes to 
    amend the requirement for the minimum air compressor cut-in pressure in 
    Standard No. 121, Air Brake Systems, to require the automatic 
    activation of the air compressor whenever the pressure in the air brake 
    system drops below 100 psi. The agency has tentatively concluded that 
    the proposed amendment would ensure that new truck tractors provide 
    trailers with sufficient air pressure for release of the trailer 
    parking brakes and provide adequate service braking.
    
    DATES: Comments. Comments must be received on or before August 14, 
    1995.
        Proposed Effective Date. The proposed amendment in this notice 
    would become effective 30 days after publication of a final rule in the 
    Federal Register.
    
    ADDRESSES: Comments should refer to the docket and notice numbers above 
    and be submitted to: Docket Section, National Highway Traffic Safety 
    Administration, 400 Seventh Street SW., Washington, DC 20590. Docket 
    hours are 9:30 a.m. to 4 p.m., Monday through Friday.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Richard Carter, Office of Vehicle 
    Safety Standards, National Highway Traffic Safety Administration, 400 
    Seventh Street SW., Washington, DC 20590. (202-366-5274).
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Standard No. 121, Air Brake Systems, specifies performance and 
    equipment requirements for braking systems on vehicles equipped with 
    air brakes, including a requirement specifying the minimum air pressure 
    at which a towing vehicle's air compressor governor must automatically 
    activate. The governor maintains reservoir air pressure between 
    predetermined minimum and maximum pressures. Under the current 
    requirement in S5.1.1.1, the governor must automatically activate the 
    air compressor when air pressure in the reservoir falls to 85 psi. 
    Currently manufactured air brake systems typically operate between 100 
    psi and 120 psi.
        NHTSA adopted the air compressor governor minimum cut-in 
    requirement in S5.1.1.1 on October 8, 1991. (56 FR 50666) The agency 
    explained that, under this requirement, the air compressor on a tractor 
    will be activated to restore or maintain pressure in the brake supply 
    system until the air leak is detected and corrected. The agency further 
    stated that since most vehicles already comply with this requirement, 
    it would not result in an undue burden for manufacturers.
        The October 1991 final rule also simplified requirements applicable 
    to air brake systems by amending Standard No. 121 to delete the 
    requirement for each trailer to have a separate protected reservoir for 
    the purpose of releasing the parking brake. Under the rule, air 
    pressure from the tractor supply lines may be used to release the 
    trailer parking brakes rather than air from a separate reservoir. The 
    final rule also specified requirements for a minimum air pressure of 70 
    p.s.i. in the trailer's supply line in the event of pneumatic failure 
    and for prevention of the automatic application of the trailer parking 
    brakes while the minimum trailer supply line air pressure is 
    maintained.
    
    II. Rulemaking Petition
    
        On August 2, 1994, the Truck Trailer Manufacturers Association 
    (TTMA) submitted a petition for rulemaking to amend Standard No. 121 to 
    increase the minimum air pressure governor cut-in requirement in 
    S5.1.1.1 from 85 psi to 100 psi. The petitioner stated that its 
    requested amendment is necessary to assure that new truck tractors 
    provide air braked trailers with sufficient [[Page 31136]] pressure for 
    release of the trailer parking brakes and to provide adequate service 
    braking. TTMA said that the current 85 psi air pressure governor cut-in 
    requirement may not supply adequate pressure to a trailer being towed 
    by a tractor. TTMA also stated that higher truck or tractor air 
    pressures increase the speed at which trucks or tractors can resupply 
    trailers with air and these higher pressures will store more air for 
    use by the braking systems. It further stated that ``all tractor 
    manufacturers are now building tractors whose nominal compressor cut-in 
    pressure is at least 100 psi.''
    III. NHTSA Proposal
    
        After reviewing TTMA's petition, NHTSA has decided to propose 
    increasing the minimum air compressor cut-in pressure requirement from 
    85 psi to 100 psi. There are several reasons for increasing the cut-in 
    air pressure above the current 85 psi level. First, the agency has 
    tentatively determined that the proposed amendment would enhance safety 
    by better ensuring that new truck tractors are capable of providing 
    trailers with sufficient pressure for release of the trailer parking 
    brakes and provide adequate service braking. Specifically, by raising 
    the cut-in pressure, this amendment would allow the storage of an 
    additional volume of compressed air that would be available for an air 
    brake system. This is important since the 1991 final rule eliminated 
    the requirement for a separate protected reservoir with a stored volume 
    of air used for releasing the trailer parking brakes. Second, the 
    proposal to maintain an overall higher system air pressure would allow 
    a better ``match up'' of protection valve settings between the tractors 
    and trailers. Third, long stroke brake chambers, which need more 
    compressed air, would have available an additional volume of air at 
    higher pressure. This would provide a greater margin of safety.
        NHTSA has tentatively concluded that increasing the air pressure to 
    a 100 psi minimum would not result in any safety problems. The agency 
    invites comments about the effect of this proposed amendment on safety.
        NHTSA's analysis of current manufacturing practices confirms TTMA's 
    statement that tractor manufacturers are now building tractors with a 
    cut-in pressure of at least 100 psi. The docket includes a memorandum 
    summarizing the agency's discussions with vehicle manufacturers and the 
    American Trucking Associations in which they indicate that new truck 
    tractors are typically equipped with governors that activate the air 
    compressor when air pressure drops to 100 psi. In addition, NHTSA has 
    discussed the issue of air pressure cut-in with Midland-Grau and 
    AlliedSignal, which together produce over 95 percent of the air 
    compressors and governors in the United States. Midland-Grau sets their 
    air compressors and governors at 105 psi, while AlliedSignal sets their 
    air compressors and governors at 100 psi. NHTSA knows of no company 
    that manufactures these devices with a cut-on pressure between 85 and 
    100 psi nor of any purchaser that requests a cut-on pressure in this 
    lower range. Accordingly, NHTSA believes the proposed amendment would 
    codify existing industry practice, since equipment on new vehicles are 
    being built with the proposed settings.
        The statute requires that each order shall take effect no sooner 
    than 180 days from the date the order is issued unless good cause is 
    shown that an earlier effective date is in the public interest. NHTSA 
    has tentatively concluded that there would be good cause not to provide 
    the 180 day lead-in period given that this amendment will have no 
    adverse effect on manufacturers since all manufacturers currently 
    comply with the proposed requirements. Based on the above, the agency 
    has tentatively concluded that there is good cause for an effective 
    date 30 days after publication of the final rule. NHTSA requests 
    comments about whether a 30 day effective date is appropriate or 
    whether more lead time is necessary.
    
    Rulemaking Analyses and Notices
    
    1. Executive Order 12866 (Federal Regulatory Planning and Review) and 
    DOT Regulatory Policies and Procedures
    
        This proposal was not reviewed under E.O. 12866. NHTSA has analyzed 
    this proposal and determined that it is not ``significant'' within the 
    meaning of the Department of Transportation's regulatory policies and 
    procedures. A full regulatory evaluation is not required because the 
    rule, if adopted, would have a minimal effect on costs or benefits of 
    the existing requirements. In large part, today's proposed amendment 
    merely codifies an existing industry practice.
    
    2. Regulatory Flexibility Act
    
        In accordance with the Regulatory Flexibility Act, NHTSA has 
    evaluated the effects of this action on small entities. Based upon this 
    evaluation, I certify that the proposed amendment would not have a 
    significant economic impact on a substantial number of small entities. 
    Vehicle and brake manufacturers typically would not qualify as small 
    entities. Vehicle manufacturers, small businesses, small organizations, 
    and small governmental units which purchase motor vehicles would not be 
    significantly affected by the proposed requirements. Accordingly, no 
    regulatory flexibility analysis has been prepared.
    
    3. Executive Order 12612 (Federalism)
    
        This action has been analyzed in accordance with the principles and 
    criteria contained in Executive Order 12612, and it has been determined 
    that the proposed rule would not have sufficient Federalism 
    implications to warrant preparation of a Federalism Assessment. No 
    State laws would be affected.
    
    4. National Environmental Policy Act
    
        Finally, the agency has considered the environmental implications 
    of this proposed rule in accordance with the National Environmental 
    Policy Act of 1969 and determined that the proposed rule would not 
    significantly affect the human environment.
    5. Civil Justice Reform
    
        This proposed rule would not have any retroactive effect. Under 
    section 103(d) of the National Traffic and Motor Vehicle Safety Act (49 
    U.S.C. 30111), 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. Section 105 of the Act (49 U.S.C. 30161) sets forth a 
    procedure 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.
    
    Public Comments
    
        Interested persons are invited to submit comments on the proposal. 
    It is requested but not required that 10 copies be submitted.
        All comments must not exceed 15 pages in length. (49 CFR 553.21). 
    Necessary attachments may be appended to these submissions without 
    regard to the 15-page limit. This limitation is intended to encourage 
    commenters to detail their primary arguments in a concise fashion.
        If a commenter wishes to submit certain information under a claim 
    of confidentiality, three copies of the complete submission, including 
    purportedly confidential business information, should be submitted to 
    the Chief Counsel, NHTSA, at the street [[Page 31137]] address given 
    above, and seven copies from which the purportedly confidential 
    information has been deleted should be submitted to the Docket Section. 
    A request for confidentiality should be accompanied by a cover letter 
    setting forth the information specified in the agency's confidential 
    business information regulation. 49 CFR part 512.
        All comments received before the close of business on the comment 
    closing date indicated above for the proposal will be considered, and 
    will be available for examination in the docket at the above address 
    both before and after that date. To the extent possible, comments filed 
    after the closing date will also be considered. Comments received too 
    late for consideration in regard to the final rule will be considered 
    as suggestions for further rulemaking action. The NHTSA will continue 
    to file relevant information as it becomes available in the docket 
    after the closing date, and it is recommended that interested persons 
    continue to examine the docket for new material.
        Those persons desiring to be notified upon receipt of their 
    comments in the rules docket should enclose a self-addressed, stamped 
    postcard in the envelope with their comments. Upon receiving the 
    comments, the docket supervisor will return the postcard by mail.
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Incorporation by reference, Motor vehicle safety, Motor 
    vehicles, Rubber and rubber products, Tires.
    
        In consideration of the foregoing, the agency proposes to amend 
    Standard No. 121, Air Brake Systems, in Title 49 of the Code of Federal 
    Regulations at Part 571 as follows:
    
    PART 571--[AMENDED]
    
        1. The authority citation for Part 571 would be revised to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
    delegation of authority at 49 CFR 1.50.
    
        2. In Sec. 571.121, S5.1.1.1 would be revised to read as follows:
    
    
    Sec. 571.121  Standard No. 121; Air brake systems.
    
    * * * * *
        S5.1.1.1  Air compressor cut-in pressure. The air compressor 
    governor cut-in pressure shall be greater than 100 p.s.i.
    * * * * *
        Issued on: June 8, 1995.
    Barry Felrice,
    Associate Administrator for Safety Performance Standards.
    [FR Doc. 95-14461 Filed 6-12-95; 8:45 am]
    BILLING CODE 4910-59-P
    
    

Document Information

Published:
06/13/1995
Department:
Transportation Department
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking (NPRM).
Document Number:
95-14461
Dates:
Comments. Comments must be received on or before August 14, 1995.
Pages:
31135-31137 (3 pages)
Docket Numbers:
Docket No. 90-3, Notice 5
RINs:
2127-AF63: Air Brake Systems; Air Compressor Cut-In Pressure
RIN Links:
https://www.federalregister.gov/regulations/2127-AF63/air-brake-systems-air-compressor-cut-in-pressure
PDF File:
95-14461.pdf
CFR: (1)
49 CFR 571.121