[Federal Register: November 17, 1999 (Volume 64, Number 221)]
[Notices]               
[Page 62740]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no99-125]                         

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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]
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