[Federal Register Volume 64, Number 172 (Tuesday, September 7, 1999)]
[Rules and Regulations]
[Pages 48562-48564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23226]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-99-6185]
RIN 2127-AH70
Federal Motor Vehicle Safety Standards; Stopping Distance Table
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule; technical amendment.
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SUMMARY: On March 10, 1995, we published in the Federal Register (60 FR
13297) a final rule establishing
[[Page 48563]]
stopping distance requirements for hydraulically-braked vehicles with
gross vehicle weight ratings (GVWR) greater than 10,000 pounds. The
requirements specified the distances in which different types of medium
and heavy vehicles must come to a stop from 60 mph. There was an error
in that rule with regard to Table II--Stopping Distances, which
contains the applicable stopping distance requirements. The
superscripts in the table identifying specifications for school buses
were misplaced. This rule amends the hydraulic brake standard to
correct the location of the superscripts in Table II.
DATES: The correcting amendments to Table II are effective October 7,
1999.
FOR FURTHER INFORMATION CONTACT:
For non-legal issues: Mr. Samuel Daniel, Jr., Office of Crash
Avoidance Standards, National Highway Traffic Safety Administration,
400 Seventh Street SW., Washington, D.C. 20590 (202) 366-4921.
For legal issues: Mr. Edward Glancy, Office of Chief Counsel,
National Highway Traffic Safety Administration, 400 Seventh Street SW.,
Washington D.C. 20590 (202) 366-2992.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. March 10, 1995, Final Rule, Stopping Distance Requirements
for Vehicles Equipped With Hydraulic Brake Systems
B. Petition for Reconsideration of the March 10, 1995, Final
Rule
II. December 13, 1995, Final Rule, Petitions for Reconsideration
III. Discussion
A. School bus Stopping Distance for 30-mph Test
B. Correction of Table II
C. Good Cause
IV. Rulemaking Analyses and Notices
I. Background
A. March 10, 1995, Final Rule, Stopping Distance Requirements for
Vehicles Equipped With Hydraulic Brake Systems
On March 10, 1995, we published a final rule, Docket No. 93-07,
Notice 3, which, among other things, established stopping distance
requirements in Federal Motor Vehicle Safety Standard No. 105,
Hydraulic Brake Systems,1 for hydraulically-braked vehicles
with GVWRs of over 10,000 pounds (60 FR 13297). The rule specified the
distances in which different types of medium and heavy vehicles must
come to a stop from a speed of 60 miles per hour (mph) on a high
coefficient of friction surface. The rule also established a stopping
distance requirement of 70 feet (ft.) for a 30-mph second effectiveness
test applicable to school buses.
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\1\ Standard No. 105 has since been renamed Hydraulic and
Electric Brake Systems.
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B. Petition for Reconsideration of the March 10, 1995, Final Rule
Navistar International Transportation Corporation (Navistar) filed
a Petition for Reconsideration on April 5, 1995, requesting that we
increase the stopping distance requirement for the 30-mph second
effectiveness test for school buses from 70 ft to 78 ft or in the
alternative, to delete the requirement altogether. Navistar indicated
in its petition that ``significant development work would be required''
to bring school buses into compliance with the 70-ft. stopping
requirement. Single unit vehicles other than school buses are allowed a
distance of 78 ft. for the 30 mph second effectiveness test, although
at this time the standard does not require a 30 mph second
effectiveness test for non-school bus vehicles with GVWRs greater than
10,000 pounds.
II. December 13, 1995, Final Rule, Petitions for Reconsideration
NHTSA published a Final Rule, Petitions for Reconsideration, on
December 13, 1995 (60 FR 63965), responding to the petitions received
in response to the Final Rule of March 10, 1995. We stated in Section X
D. of the preamble that Table II, which contains the stopping distance
requirements for Standard No. 105, would be corrected in that notice.
However, a correction to Table II was inadvertently omitted from the
December 1995 final rule.
III. Discussion
A. School Bus Stopping Distance for 30-mph Test
Navistar again petitioned us on September 18, 1998, to correct the
errors in Table II of Standard No. 105. Specifically, that company
stated that the 30-mph stopping distance in the second effectiveness
test for school buses should be changed from 70 feet to 78 feet.
Additionally, Navistar cited the errors in the location of the
superscripts that designate the test applicability and vehicle type for
the 30-mph second effectiveness test stopping distances.
We believe that Navistar did not provide sufficient justification
for the economic hardship cited and also continue to believe that the
70-ft. stopping distance requirement for school buses can be achieved
without significant economic burden for manufacturers. No other school
bus manufacturer has reported any hardship in meeting the 70-ft.
stopping distance requirement. When we contacted Navistar to ask for
some additional information about the hardship, that company indicated
it was withdrawing its request that the stopping distance be increased.
Therefore, no change is being made to the existing school bus stopping
distance requirements.
B. Correction of Table II
This document corrects Table II of Standard No. 105 to move the
superscripts 1 and 2 from column d to column e in the second
effectiveness test for school buses. As previously stated, the agency
inadvertently omitted this change to the standard in the December 13,
1995, final rule.
C. Good Cause
We find for good cause that notice and the opportunity to comment
on this correction are unnecessary and contrary to the public interest.
This document corrects an obvious error that was not corrected three
years ago. The erroneous superscripts that currently appear in Table II
can only confuse and mislead the public about the requirements for
school bus braking performance.
IV. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This notice has not been reviewed under Executive Order 12866.
NHTSA has considered the impacts of this rulemaking action and
determined that it is not ``significant'' within the meaning of the
Department of Transportation's regulatory policies and procedures. In
connection with the March 1995 final rules, the agency prepared a Final
Regulatory Evaluation (FRE) describing the economic and other effects
of this rulemaking action. For persons wishing to examine the full
analysis, a copy is in the agency's public docket.
B. Regulatory Flexibility Act
NHTSA has also considered the effects of this correction notice
under the Regulatory Flexibility Act. I hereby certify that it will not
have a significant economic impact on a substantial number of small
entities. Accordingly, the agency has not prepared a final regulatory
flexibility analysis.
NHTSA concluded that the March 1995 final rule had no significant
impact on a substantial number of small entities. Today's correction
notice also will not have a significant economic impact on a
substantial number of small entities.
[[Page 48564]]
C. National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.
D. Executive Order 12612 (Federalism)
NHTSA has analyzed this action under the principles and criteria in
Executive Order 12612. The agency has determined that this notice does
not have sufficient Federalism implications to warrant the preparation
of a Federalism Assessment. No State laws will be affected.
E. Civil Justice Reform
This final rule does 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, except to the extent that the State requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 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.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
In consideration of the foregoing, the agency amends 49 CFR, Part
571, as follows:
PART 571--[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.
Sec. 571.105 [Amended]
2. Section 571.105 is amended by revising Table II to read as
follows:
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BILLING CODE 4910-59-P
[GRAPHIC] [TIFF OMITTED] TR07SE99.007
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Issued on: August 30, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-23226 Filed 9-3-99; 8:45 am]
BILLING CODE 4910-59-C
