Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations 46235 in 1979, several Antarctic Treaty about 1,200 m by 500 m. Geothermal PART 670Ð[AMENDED] Consultative Meetings have been held in activity occurs along about 300–400 m accordance with Article IX of the of the ridge and is marked by 1. The authority citation for Part 670 Antarctic Treaty. The regulations have discontinuous areas of ice-free ground, continues to read as follows: been amended from time to time based surrounded by numerous ice hummocks Authority: 16 U.S.C. 2405, as amended. on recommendations adopted at these up to 1 m high and scattered hollow ice 2. Section 670.30 is revised to read as meetings. The amendments that are the towers up to several meters in diameter follows: subject of this rule implement and 4 m high. The warm ice-free areas recommendations XVI–4, XVI–8 and are mostly gently sloping with narrow § 670.30 Designation of specially XVI–9 of the 16th Antarctic Treaty terraces up to 1.5 m wide. The protected areas. Consultative Meeting (16th ATCM). geothermal ground within the Area The Act states that the Director shall Because the amendments merely supports a unique community of designate as a specially protected area, implement recommendations adopted at bryophytes, algae and microbiota, each area identified under the Agreed the 16th ATCM, public comments were including the only known occurrence in Measures as needing special protection. not obtained before making the the Antarctic of the moss Campylopus The following areas have been so amendment effective. pyriformis. identified and designated as Specially The recommendations which are the Specially Protected Area No. 23: Protected Areas: subject of this amendment are as Forlidas Pond, about 100 m in diameter, (a) SPA 1, Taylor Rookery, follows: is situated near the east end of the Dufek MacRobertson Land Recommendation XVI–4 re-designates Massif in a small unnamed dry valley (b) SPA 2, Rookery Islands, Holme Bay Site of Special Scientific Interest No. 30, about 1 km to the east of the northern (c) SPA 3, Ardrey Island and Odbert Avian Island, Marguerite Bay, Antarctic edge of the Forlidas Ridge and about 1 Island, Budd Coast Peninsula as Specially Protected Area km northwest of Davis Valley. The (d) SPA 4, Sabrina Island, Balleny No. 21 and provides that it be subject to unnamed dry valley is separated from Islands the management plan accompanying the Davis Valley by a northeast trending (e) SPA 5, Beaufort Island, Ross Sea description of the protected area. ridge several kilometers long. The (f) SPA 7, Cape Hallett, Victoria Land Recommendation XVI–8 provides that position of Forlidas Pond is 82°27′15′′ S, (g) SPA 8, Dion Islands, Marguerite Bay, Cryptogram Ridge, Mount Melbourne, 15°21′ W. The Area includes smaller Antarctic Peninsula Victoria Land, be designated as ponds that occur along the ice margin at (h) SPA 9, Green Island, Berthelot Specially Protected Area No. 22 and be the northern edge of Davis Valley, a Islands, Antarctic Peninsula subject to the management plan short distance east of Forlidas Pond. (i) SPA 13, Moe Island, South Orkney annexed thereto. The Area consists of two parts about 500 Islands Recommendation XVI–9 provides that meters apart and includes all that area (j) SPA 14, Lynch Island, South Orkney Forlidas Pond and Davis Valley Ponds within 500 m of the center of Forlidas Islands be designated as Specially Protected Pond and all that area within a 500 m (k) SPA 15, Southern Powell Island and Area No. 23 and be subject to the radius of several meltwater ponds at the adjacent islands, South Orkney management plan annex thereto. ice margin along the northern edge of Islands Specially Protected Area No. 21: Davis Valley. The Area contains some of (l) SPA 16, Coppermine Peninsula, ° ′ ° ′ Avian Island (67 46 S, 68 54 W) lies the most southerly freshwater ponds Robert Island 0.25 km south of the south-west tip of known in Antarctica containing plant (m) SPA 17, Litchfield Island, Arthur Adelaide Island in north-west life. Harbor, Palmer Archipelago Marguerite Bay, south-west Antarctic (n) SPA 18, North Coronation Island, Peninsula. The Area consists of Avian Determinations South Orkney Islands Island together with its littoral zone. It I have determined, under the criteria (o) SPA 19, Lagotellerie Island, is 1.45 km long by 0.8 km at its widest set forth in Executive Order 12866, that Marguerite Bay (total area about 49 ha), and rises to just this rule is not a significant regulatory (p) SPA 20, ‘New College Valley’, over 40 m altitude in the south. It is action requiring review by the Office of Caughley Beach, Cape Bird, Ross almost entirely ice-free in summer. Information and Regulatory Affairs. I Island There are several shallow melt pools, have also determined that this rule (q) SPA 21, Avian Island, North-west the largest being on the eastern raised involves a foreign affairs function of the Marguerite Bay (r) SPA 22, Cryptogram Ridge, Mount beach terrace. There are two small United States and is, therefore, exempt Melbourne, Victoria Land dilapidated refuge huts, one near the from the notice requirements of section (s) SPA 23, Forlidas Pond and Davis north-west and the other near the mid- 553 of the Administrative Procedure Act Valley Ponds east shores of the island. The Area is and from regulatory flexibility analysis unique in the Antarctic Peninsula requirements of the Regulatory Note: Maps specifying these areas in region for its abundance and diversity of Flexibility Act, 5 U.S.C. 601–612. greater detail may be obtained from the breeding seabirds. The Blue-eyed shag Finally, I have reviewed this rule in Director. colony is one of the largest known in the light of section 2 of Executive Order § 670.34 [Amended] Antarctic, and the Adelie penguin 12778 and certify for the National 3. Section 670.34 is amended by colony is the largest on the Antarctic Science Foundation that this rule meets removing paragraph (b)(30) and Peninsula. the applicable standards provided in redesignating paragraphs (b)(31)–(b)(36) Specially Protected Area No. 22: sections 2(a) and 2(b) of that order. as paragraphs (b)(30)–(b)(35). Mount Melbourne (74°21′ S, 164°42′ W lies between Wood Bay and Campbell List of Subjects in 45 CFR Part 670 Dated: August 18, 1995. Glacier, northern Victoria Land, on the Antarctica, Conservation. Lawrence Rudolph, western side of the Ross Sea. The Area Pursuant to the authority granted by General Counsel, National Science includes most of Cryptogram Ridge on 16 U.S.C. 2405(b)(3), NSF hereby Foundation. the southern rim of the main summit amends 45 CFR Part 670 as set forth [FR Doc. 95–21978 Filed 9–5–95; 8:45 am] crater (2,733 m altitude), and extends to below. BILLING CODE 7555±01±P 46236 Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION for brake adjustment indicators (BAIs) replacement of a manual brake adjuster on air-braked CMVs with external (MBA)? Please include the cost of the Federal Highway Administration adjustment mechanisms manufactured device, the time required to complete on or after October 20, 1994. the installation, and a representative 49 CFR Part 393 Because the FHWA also believed hourly salary of the mechanic [FHWA Docket No. MC±94±9] there were opportunities for performing the installation. Please also improvements to the operational safety include a ‘‘loss of use’’ cost figure if a RIN 2125±AD37 of CMVs manufactured prior to the CMV were to be taken out of revenue effective dates of the amendments to Parts and Accessories Necessary for service for retrofitting at some time FMVSS Nos. 105 and 121, the agency Safe Operation; Automatic Brake other than a time when a brake adjuster requested information regarding the Adjusters and Brake Adjustment would normally be due for replacement. potential impacts of requiring CMVs How often do tractors and trailers visit Indicators subject to the FMCSRs to be retrofitted a facility where retrofitting could take AGENCY: Federal Highway with ABAs, and of requiring air-braked place? Administration (FHWA), DOT. CMVs with external adjustment 8. Should the FHWA consider a ACTION: Final rule. mechanisms to be retrofitted with BAIs. retrofitting requirement for The FHWA requested comments on hydraulically-braked CMVs? Please SUMMARY: The FHWA is adopting a final eight questions specifically concerning address the cost questions asked in rule requiring the use of automatic brake the issue of retrofits: Question 7. adjusters (ABAs) on hydraulically- 1. Should air-braked CMVs Discussion of Comments braked commercial motor vehicles manufactured before the effective date (CMVs) and air-braked CMVs of NHTSA’s rule be required to be Twenty-seven commenters responded manufactured on or after October 20, retrofitted with ABAs? to the notice: The Heavy Duty Brake 1993, and October 20, 1994, 2. Should all air-braked CMVs with Manufacturers Council (HDBMC), an respectively. This rulemaking is external brake adjustment mechanisms association of 10 heavy duty brake intended to: Ensure that the operational be required to be retrofitted with brake component manufacturers; 3 standards for brakes in the Federal adjustment indicators? manufacturers of brake components Motor Carrier Safety Regulations 3. If certain CMVs are to be retrofitted, (Rockwell International, Haldex (FMCSRs) are consistent with the how much time should be allowed for Corporation, Midland-Grau Heavy Duty manufacturing standards in the Federal installation of the new equipment? Systems); a manufacturer of brake Motor Vehicle Safety Standards 4. Are there certain types or adjustment indicators (Tattle-Tale); a (FMVSSs), Nos. 105 and 121, which configurations of air-braked vehicles motor carrier using a brake adjustment now require the installation of that cannot be equipped with ABAs indicator of its own design (Sebring automatic brake adjusters and because of space limitations around the Container Corporation); a private motor adjustment indicators on certain CMVs axles and wheels? carrier (Wilbur-Ellis); a manufacturer of manufactured on or after these dates; 5. Should different periods be trucks and truck-tractors (Volvo GM and improve the safety of operation of specified for retrofitting single-unit Heavy Truck Corporation); a CMVs by reducing the incidence of trucks, tractors, converter dollies, and manufacturer of heavy construction brakes that are out of adjustment. trailers? equipment (Cedarapids Inc.); 6 national 6. The requirements proposed by this transportation and trade associations EFFECTIVE DATE: October 6, 1995. NPRM would exclude air-braked (Steamship Operators Intermodal FOR FURTHER INFORMATION CONTACT: Ms. vehicles that were not subject to FMVSS Committee (SOIC), American Trucking Deborah M. Freund, Office of Motor No. 121 on the date of manufacture. Associations (ATA), National Carrier Standards, (202) 366–2981, or (Vehicles not subject to the Automobile Dealers Association Mr. Charles Medalen, Office of the Chief requirements are listed under paragraph (NADA), National Private Truck Council Counsel, (202) 366–1354, Federal S3 of § 571.121, and include certain (NPTC), National School Transportation Highway Administration, Department of types of limited- or specialized-use Association (NSTA), Petroleum Transportation, 400 Seventh Street, vehicles such as wide trailers, vehicles Marketers Association of America SW., Washington, DC 20590. Office equipped with an axle with a gross axle (PMAA); 2 CMV leasing companies hours are from 7:45 a.m. to 4:15 p.m., weight rating of 13,154 kilograms (Riteway Leasing Company and XTRA e.t., Monday through Friday, except (29,000 pounds) or more, any truck or Corporation); a drivers’ organization Federal holidays. bus that has a speed attainable in 3.2 (the Owner Operator Independent SUPPLEMENTARY INFORMATION: kilometers (2 miles) of not more than 53 Drivers Association (OOIDA)); a public km/hr (33 mph), heavy hauler trailer transportation authority (Metro-Dade Background sets, and load divider dollies.) Should Transit Authority); an intermodal On August 3, 1994, the FHWA specific types of CMVs, or CMVs used transportation provider (Union Pacific published a notice of proposed in unique operations, (i.e., CMVs that Railroad Company); the Commercial rulemaking in the Federal Register (59 are not subject to the requirements of Vehicle Safety Alliance (CVSA), an FR 39518) to require the use of ABAs on FMVSS 121, but are subject to the association of Federal, State, and hydraulically-braked CMVs FMCSRs) be exempt from a requirement Provincial officials responsible for the manufactured on or after October 20, to be retrofitted with ABAs? Should administration and enforcement of 1993, and air-braked CMVs these specific types of air-braked CMVs motor carrier safety regulations in the manufactured on or after October 20, manufactured on or after October 20, United States, Canada, and Mexico; the 1994. These were the effective dates of 1994, be required to be equipped with European Union, which submitted its the National Highway Traffic Safety ABAs prior to being placed in operation comments via the European Administration’s (NHTSA) amendments in interstate commerce? Please provide Commission General Agreement on to its Federal Motor Vehicle Safety details. Tariffs and Trade (GATT) Enquiry Point; Standards (FMVSSs) Nos. 105 and 121. 7. What are the costs associated with 2 State highway safety enforcement The FHWA also proposed a requirement retrofitting an ABA compared to agencies (Maine State Police, State of Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations 46237

Connecticut Department of Motor believe that ABAs can reduce instances vehicle. Commercial motor vehicle Vehicles); 2 highway safety of brakes out-of-adjustment, and CMVs operators have ample experience in organizations (Insurance Institute for being declared out-of-service, due to obtaining replacement parts for vehicle Highway Safety (IIHS) and Advocates this condition. subsystems. In fact, at least one ABA for Highway and Auto Safety (AHAS)); The ATA asserted that ABAs ‘‘are not manufacturer (Gunite) provides cross- and 1 private individual. mandatory for safety.’’ It argued that, reference lists to show appropriate should a regulation be imposed replacements for original equipment In-Use Requirement prohibiting the replacement of an ABA manufacturers’ devices. Almost without exception, with an MBA, the vehicle should not be In closing, the ATA recommended commenters who addressed the placed out of service because of the that the FHWA and the NHTSA work proposed requirement to adopt rules substitution unless the vehicle’s brakes together to focus the FMVSSs and the parallel to the NHTSA’s recent are found to be out of adjustment. FMCSRs on CMV maintenance amendments to FMVSSs Nos. 105 and The FHWA’s intent in issuing this difficulties. The ATA stated that such 121 responded favorably. These rulemaking is to require an ABA items as wear indicators, component commenters included the Maine State installed in accordance with the identification, and access for inspection Police, the State of Connecticut requirements of FMVSS Nos. 105 or 121 have been largely ignored in the Federal Department of Motor Vehicles; HDBMC; to be replaced in kind, so the vehicle standards, yet they play a major role in Wilbur-Ellis; IIHS, NPTC, AHAS, continues to perform as originally equipment operation and ease of OOIDA, NSTA, and Midland-Grau. manufactured. Motor carriers have inspection. The FHWA takes these Haldex and Rockwell International considerable experience selecting concerns into account to the greatest limited their comments to air-braked replacement parts; the replacements extent practicable, and will continue to vehicles. must be chosen to ensure that the do so as the agency works to develop The ATA noted that manufacturers systems in which they are installed performance-based regulations through have provided, and motor carriers continue to operate safely. its Zero-Base Regulatory Review voluntarily used, automatic brake Regarding the ATA’s concern about a Program. adjusters for a number of years, and CMV equipped with an MBA (where an The CVSA did not take a position on that, even in the absence of Federal ABA is required by the FMVSSs and the the proposed in-use requirements. It regulations, the marketplace is adopting FMCSRs) being placed out of service, noted that most inspectors are familiar this technology on its merits. Although the FHWA notes that, under the current with ABAs, although they may need it generally favored the proposed in-use provisions of the CVSA’s North some minimal ‘‘recognition’’ training for requirement, the ATA raised several American Uniform Out-of-Service new or different systems. The CVSA arguments concerning ABAs and brake Criteria, the presence of an MBA would was concerned that BAIs provide maintenance. It stated that out-of- not be a cause for placing a CMV out- consistent information to motor carrier adjustment brakes are a maintenance of-service unless the condition of the personnel throughout the BAI’s service problem that ‘‘can be compounded if the brake, or its state of adjustment, were life. The CVSA made the observation addition of such equipment causes such that it would be likely to cause an that some BAIs use paint on the fleets to determine that they will no accident or a breakdown. The FHWA pushrod to indicate adjustment status, longer need to look at their brakes as notes that the CVSA’s comments to this and that, when the paint wears, it may frequently and if the automatic adjusters docket did not address changing the give a false reading. are not serviced.’’ The ATA also quoted criteria with respect to the presence or The FHWA has consulted with the a NHTSA study, which noted that absence of ABAs. NHTSA regarding this matter. Some carefully-maintained manual brake Finally, while the ATA agreed with manufacturers use epoxy and baked-on adjusters (MBAs) can keep strokes the intent of the NPRM, it expressed coatings for marking/color-coding within tolerances comparable to ABAs. concern that the proposed language pushrods, but it is possible that some The ATA added that MBAs ‘‘can be set would specifically reference an FMVSS. may use paint. If a BAI is not to a closer adjustment’’ than ABAs The ATA stated that, by requiring maintained to provide an accurate because ABAs ‘‘must provide extra vehicle users to ensure that replacement reading of brake adjustment status, the stroke to prevent over-adjustment when parts meet the FMVSS, the FHWA motor carrier will be in violation of the brake drums are hot.’’ would, in effect, require consumers FMCSRs. The FHWA generally agrees with this [motor carriers, CMV operators] to Sebring Container Corporation portion of the ATA’s comment; ‘‘create the technical expertise of commented on their favorable however, the cited research performed manufacturers for themselves.’’ The experience with BAIs. Two commenters by the NHTSA (‘‘Automatic Brake ATA asserted that, if the FHWA wants noted that many buses are equipped Adjusters for Heavy Vehicle Air Brake CMV users to purchase parts which with ABAs: the NSTA indicated that its Systems,’’ February 1991, report DOT– meet the FMVSS, then the FHWA must members who responded to a small HS–807–724 (PB 91–215814)) and the work with the NHTSA to assure that survey all used ABAs, and Metro-Dade National Transportation Safety Board new parts are labeled with compliance Transit Authority buses all have ABAs. (‘‘Heavy Vehicle Airbrake information or a code, similar to the Union Pacific Railroad Company Performance,’’ April 29, 1992, report requirements for fuel tanks under favored the in-use rule. The European NTSB/SS–92/01 (PB 92–917003)) has § 393.67(f) of the FMCSRs. Commission expressed a concern that demonstrated that not all MBAs are well An in-use requirement for a CMV part the FMVSS requirement was more maintained. (Copies of both of these or accessory that references an FMVSS restrictive than European requirements. reports have been placed in the docket.) does not place any unique burden on Volvo and the ATA addressed the The preambles to the FHWA’s NPRM the CMV’s operator. For example, wording of the proposed rule. Volvo and the NHTSA’s rulemakings on ABAs § 393.11 provides an in-use standard for suggested the language be modified to clearly stated that ‘‘automatic’’ brake lighting devices and reflectors; it states define more clearly the class of vehicles adjusters do not in any way imply that that CMVs must meet the requirements subject to the requirement, specifically they are ‘‘maintenance-free’’ devices. of 49 CFR 571.108 (FMVSS 108) in CMVs with air brake systems that meet Nevertheless, the FHWA continues to effect at the time of manufacture of the the requirements of FMVSS No. 121 (49 46238 Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations

CFR 571.121, paragraph S5.1.8) at the drum brakes have internal adjustment especially if a reasonable phase-in time of manufacture. It pointed out that mechanisms, and retrofitting would, in program was put in place.’’ The AHAS FMVSS No. 121 exempts some vehicles, most cases, require replacement of the did not, however, provide any figures to such as those with gross axle weight entire brake assembly. In some cases, substantiate this statement. The AHAS ratings in excess of 13,154 kg (29,000 the hub and drum, or even the entire also stated that it was unsure of the lbs.), and that the language originally axle, would have to be replaced. The benefits of BAIs for hydraulic or air- proposed would have required ABAs on HDBMC noted that, since the 1983 over-hydraulic systems, and that it did all CMVs, irrespective of the FMVSS model year, all class 6, 7, and 8 not know how BAIs could be retrofitted. No. 121 requirements. This would hydraulic brake trucks 1 manufactured The Maine State Police (Maine) also necessitate retrofitting for which by major U.S. manufacturers have had stated that retrofits should be required, components may not exist. automatic adjustment features. without differentiating between air- The FHWA has revised the language Mandating a retrofit would therefore be braked and hydraulically-braked CMVs. of § 393.53(a) and § 393.53(b) to clarify superfluous except for a very few It recommended effective dates of their applicability to CMVs that are vehicles, and their retrofitting costs October 20, 1996, for tractors and subject to the requirements of FMVSS would be exorbitant. trucks, and October 20, 1997, for Nos. 105 and 121, respectively, at the Both Rockwell International and trailers, semitrailers, and converter time of their manufacture. Wilbur-Ellis noted that hydraulically- dollies. Maine also recommended that The ATA also offered alternative braked CMVs provide the driver an limited- or specialized-use vehicles also language for the proposed rule: ‘‘Each indication of brake adjustment through be subject to a retrofitting requirement, commercial motor vehicle manufactured the brake pedal travel. but it provided no additional with a hydraulic brake system on or The ATA’s comments reiterated many information or technical material to after October 20, 1993, and equipped of the points made by others. It noted support this viewpoint. with an automatic means of brake that adjustment systems for hydraulic The FHWA acknowledges the adjustment to comply with FMVSS 105, drum brakes are internal to the brakes, concerns expressed by the commenters shall remain equipped with an integral to their design, and cannot over retrofitting hydraulically-braked automatic brake adjustment system.’’ practically be retrofitted. Similarly for CMVs equipped with air CMVs. The engineering work required The NADA and the NPTC were to accomplish this retrofit would be brakes: ‘‘Each commercial motor vehicle opposed to a retrofit for hydraulically- manufactured with an air brake system complex and costly. The engineering braked CMVs. Haldex stated that retrofit complexity of designing and installing a on or after October 20, 1994, and is impractical for hydraulic brakes. The equipped with an automatic means of retrofitted system would potentially go NSTA was concerned with potential beyond the maintenance capabilities of brake adjustment to comply with retrofitting problems, including safety FMVSS 121, shall remain equipped all but the most sophisticated and voiding of the FMVSS certification organizations. Because the design of with an automatic brake adjustment applicable at the time of manufacture. It system.’’ hydraulic brakes is generally not also questioned whether retrofit kits amenable to this type of modification, The FHWA disagrees with the ATA’s would be available for older buses in suggested rewording because it could be an engineering retrofit, if done fleets, some of which are over 20 years improperly, could actually degrade the interpreted to permit devices that do not old, and whether they could be installed comply with the ABA requirements of performance of the brake system, or and made to operate properly. Midland- render it inoperative. Therefore, in view FMVSSs Nos. 105 and 121 at the time Grau Heavy Duty Systems noted that the when the CMV was manufactured to be of the possible adverse safety impacts, majority of hydraulically-braked CMVs the FHWA has decided not to require used as replacement parts. The agency’s already are equipped with ABAs. Union intent, in proposing an in-use rule, was retrofitting for hydraulically-braked Pacific Railroad Company CMVs. to require that replacement ABAs recommended against retrofits for continue to conform to the FMVSSs, hydraulically-braked CMVs because of Questions Concerning Retrofitting of much as replacement lighting devices the high costs involved. It noted that ABAs and BAIs on Air-Braked CMVs and reflectors must continue to conform hydraulically-braked vehicles have had to the requirements of FMVSS No. 108. The remaining questions posed by the self-adjusting brakes on most units for NPRM covered retrofitting ABAs and Retrofitting ABAs on Hydraulically- many years, and that relatively few BAIs on air-braked CMVs. While few Braked CMVs CMVs currently in service are not so commenters expressed strong opinions equipped. The CVSA commented that for or against retrofitting, nearly all The following commenters addressed hydraulic brake systems are not the questions concerning a potential voiced concerns. Commenters cited the disassembled to inspect their current limited production capacity of retrofitting requirement, but did not component parts during the course of address the proposed in-use ABA manufacturers, potential inspecting a CMV, and that a decision engineering modifications required for requirement: Riteway Leasing Company, regarding hydraulic brake systems SOIC, Tattle-Tale, NADA, PMAA, brake system component mountings would not affect inspection procedures. because of the limited space around Cedarapids, Michael J. Meyer, and Commenting in favor of a retrofit brake chambers on some vehicles, and XTRA Corporation. requirement for hydraulically-braked potential difficulty in locating the With two exceptions, those who CMVs, the AHAS stated that ABAs are vehicles and taking them out of revenue commented on this issue were strongly necessary for all CMVs. The AHAS was service to retrofit ABAs. Specific opposed to a retrofitting requirement for ‘‘convinced that the benefits gained by comments on each of the numbered these vehicles. Most cited potential retrofitting ABAs and BAIs to the entire questions asked in the NPRM follow, major engineering changes that would existing commercial fleet would far along with the FHWA’s response: be required for axles as well as brakes. outweigh any costs to industry, For example, HDBMC stated that 1. Should air-braked CMVs hydraulic disc brakes inherently 1 Class 6: 8,446–11,794 kg (19,501–26,000 lbs); manufactured before the effective date provide automatic adjustment. It added Class 7: 11,795–14,969 kg (26,001–33,000 lbs); and of NHTSA’s rule be required to be that automatically-adjusted hydraulic Class 8: over 14,969 kg (33,000 lbs). retrofitted with ABAs? Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations 46239

In Favor The NPTC stated ‘‘There is still some XTRA Corporation cited cost, possible The AHAS stated it would strongly concern surrounding the effectiveness of customer non-awareness of the support such an initiative as an ABAs * * *. (T)he technology still has applicability of a retrofitting appropriate complement to the room for improvement * * *.’’ While it requirement to leased trailers, and the FMVSSs. The AHAS strongly believes opposed retrofitting, the NPTC proposed difficulty of customers in ‘‘obtaining that the FHWA should not consider that vehicles that had already been adequate compliance with the technical mandating ABAs without also requiring retrofitted be required to maintain their aspects of retrofitting.’’ It added that a substantial number of its trailers are not (1) the use of BAIs, and (2) submissions ABAs. used in long-distance hauls, but are of certifications by interstate carriers of The OOIDA stated that it was drayed to and from intermodal ramps. It their preventive maintenance programs adamantly opposed to a retrofit also noted that many of its trailers are which ensure optimal maintenance and requirement. ‘‘Time and cost are not leased for storage and for use as offices, operation of ABAs. justified by the marginal safety benefit and should not be required to be Maine believed that retrofits should that would result.’’ It believed that retrofitted. be required. retrofitting would be cost-prohibitive Metro-Dade stated it would support ‘‘for a vast portion of the trucking Other Commenters’ Concerns industry, especially owner-operators,’’ an ABA retrofit proposal, noting that its The HDBMC believed that the FHWA urban bus fleet is equipped with ABAs. and that the FHWA should defer to the opinion and expertise of the NHTSA. should consider air-braked CMV ABA Sebring stated that it will install retrofits ‘‘when physically possible and ABAs as replacements for manual brake Haldex was concerned that retrofitted ABAs might not be able to keep air economically feasible.’’ While the adjusters, as needed. HDBMC declared that consideration of chambers operating within allowable retrofitting ‘‘is laudable,’’ it cautioned Opposed limits due to wear and lack of that many concerns would need to be maintenance of other brake components. Wilbur-Ellis opposed retrofitting addressed; for example, not all It stated that ‘‘Improvement in overall because the cost would not justify the automatic slack adjusters interchange operational safety of these retrofitted safety benefit, and ABAs must still be with manual slack adjusters. maintained and brake clearances vehicles may be less than expected Volvo echoed the HDBMC’s view, checked. It recommended aggressive unless other brake maintenance is stating that retrofits will, in some cases, roadside enforcement. performed at the time of the retrofit.’’ require more than a one-for-one The ATA opposed mandatory retrofit Haldex also stated that, although the replacement. Volvo noted that design for existing equipment, reasoning that company would benefit from a changes go ‘‘forward’’ to new products, motor carriers lack technical expertise requirement to retrofit all CMVs, it and that not all are backward- to assure replacement parts comply with could not enthusiastically support such compatible for use as service the FMVSSs; this is the responsibility of a proposal because of the potential high replacements with older equipment. the manufacturer. It stated that costs to the trucking industry and Midland-Grau stated that a complete hydraulic brakes and some air brakes because it believed that past analysis of all combinations of ABAs cannot be retrofitted, and that motor maintenance histories would lead to and foundation brake set-ups must be carriers are ‘‘unable to redesign uncertain future benefits from the made. It urged an evaluation of the risk equipment which was built not having devices. of incomplete or incorrect installation to comply * * *.’’ The ATA stated that The NSTA was concerned that against potential safety benefits, and most tractors manufactured since the retrofitting could affect safety and advised the FHWA to review past late 1980s have ABAs, but that ABAs potentially void the FMVSS certification experiences with retrofit requirements, have not been standard equipment on applicable at time of manufacture. It such as that for steering axle brakes. most trailers. It contended that the questioned whether retrofit kits would Midland-Grau also recommended that current rule requiring brakes to be kept be available for older buses (up to 20 the FHWA include requirements to use in adjustment is ‘‘actually more years old), and whether the ABAs could devices that meet the appropriate SAE comprehensive’’ than a retrofit be installed and made to operate Recommended Practices, and to perform requirement, because the mere presence properly. technical evaluations to prevent safety of ABAs does not guarantee that brakes The PMAA cited safety and economic degradation for incomplete or incorrect will be kept in adjustment. The ATA concerns, particularly for small retrofits. added that retrofits should not be businesses. The PMAA believed that The State of Connecticut Department required because many installations current regulations requiring brake of Motor Vehicles supported a retrofit lack the space to make the substitution; inspection and adjustment were proposal, provided confirmation of there may be design limitations within sufficient. compatibility could be made in the initial system; and current systems Union Pacific cited an extremely high advance. operate safely but may not do so after cost burden, and added that the time Rockwell believed that ABAs ‘‘do not retrofitting. It stated that consumer during which vehicles would be out of function in exactly the same manner reworking of vehicles could create legal revenue service would jeopardize the and that adjustment rate and clearance liability issues: an example would be a transportation system’s ability to move can affect brake certification,’’ although retrofit that could require removing the Nation’s freight on a timely basis. it stated that it did not have data to brackets from heat-treated axles, Mr. Michael J. Meyer, a mechanic validate its concern. Rockwell asserted potentially leading to a structural with 14 years of experience and 14 it would be prudent to recommend that failure. Finally, the ATA asserted that additional years as an owner-operator, replacement ABAs and BAIs be of the the record demand for ABAs for new believed a retrofitting requirement same type with which the brake was CMVs subject to FMVSS No. 121 has would lead drivers to ignore brakes, as originally equipped. Rockwell rationed aftermarket supply. well as to miss other potential contended that ‘‘new, small, unproven The NADA believed the requirements equipment problems, because they suppliers’’ may introduce devices would be unduly burdensome to the would take shortcuts in performing designed to conform to ‘‘somewhat motor carrier industry. under-vehicle inspections. ambiguous NHTSA requirements,’’ and 46240 Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations that their lack of knowledge and require engineering modifications to the accuracy of retrofit marks/indicators, experience may result in the affected CMVs. safety issues from owners improperly introduction of ineffective and non- In view of the potential adverse safety disassembling or assembling a brake conforming devices. If retrofitting were impact of a retrofit rule, should it be chamber, and the production capability to be mandated, Rockwell asks the performed incorrectly, and the of established suppliers. FHWA to consider (1) production significant costs of such a rule, the The ATA believed that internal capabilities and parts availability, (2) FHWA will not require retrofitting system BAIs using air chamber expense and inconvenience to CMV ABAs on air-braked CMVs. assemblies incorporating marked owners, and (3) such technical and 2. Should all air-braked CMVs with pushrods are the most satisfactory performance issues as fit, possible external brake adjustment mechanisms arrangement. It feared that required mechanical incompatibility, and mixing be required to be retrofitted with brake retrofitting might involve replacing of different types of ABAs on a single adjustment indicators? brake chambers to achieve a proper match of size and brake stroke. It was vehicle. In Favor The CVSA questioned whether there also concerned that aftermarket BAIs would be a sufficient supply of ABAs The HDBMC stated it would support may be easily knocked out of position over a short retrofit period. It suggested BAI retrofit when it is physically by road debris, dirt, snow, and physical that ‘‘[o]ne alternative to consider is the possible and economically feasible. It contact with other vehicle parts. discontinuance of the manufacture of asked that the FHWA consider The NADA opposed BAI retrofitting non-ABAs and when replacing systems, specifying SAE standards designating for the same reasons it opposed ABA replace them with ABAs.’’ BAI markings and identification. It also retrofitting. suggested that replacement brake The AHAS believed that ABAs will Agency’s Response to These Comments chambers with SAE-marked BAIs be not correct chronic problems with out- It is certainly not the FHWA’s intent mandated. of-adjustment air brakes unless used to force CMV operators to attempt to Connecticut would strongly support with easily-seen adjustment indicators redesign brake systems or axles in order BAI retrofit for air brakes to ease pretrip and ‘‘vigorous educational campaigns to accommodate ABAs. If a motor inspections and reduce the time by Federal and State authorities.’’ It carrier is considering retrofitting ABAs, necessary for maintenance and roadside stated that the FHWA should not it should consult with appropriate inspections. consider mandating ABAs without also technical experts (such as the original- Riteway recommended that all requiring the use of BAIs. The AHAS equipment manufacturers of the vehicle tractors, trailers, trucks, and buses be expressed particular concern on and the brake system) to ensure that the equipped with ‘‘air brake stroke retrofitting CMVs with ‘‘boot-covered’’ CMV and its brakes will continue to indicators.’’ It noted that the company air brake pushrods, because it believed operate safely. has used indicators ‘‘for some time’’ and that BAIs were probably not feasible for has not had a BAI-equipped unit cited As for the AHAS’ recommendation for that design. The AHAS added that ‘‘this for out of adjustment brakes. certification of preventive-maintenance proprietary approach to air brake Lindy’s Enterprise Inc., manufacturer programs, it should be noted that chamber design can permanently of Tattle-Tale, a visual brake stroke § 396.3(a)(1) of the FMCSRs requires forswear the considerable additional indicator, enclosed product literature that: ‘‘Parts and accessories shall be in benefits of supplementing ABAs with and a partial list of customers. ‘‘Our safe operating condition at all times’’ BAIs on air brakes,’’ and recommended products have been on many over-the- (emphasis added). Preventive that the FHWA coordinate with the road tractors, trailers, and trucks with maintenance is a central element of a NHTSA. great success. We not only feel that our The OOIDA opposed any requirement CMV maintenance program, and FHWA product could save annual inspection for retrofitting of brake components. It compliance reviews include an costs but help achieve safety results as believed that, given the ‘‘typical useful assessment of motor carrier well.’’ life’’ of Class 7 or 8 motor vehicles, and maintenance records. Furthermore, Sebring developed a BAI for its own allowing for ‘‘any reasonable’’ amount CMVs are subject to roadside inspection fleet. It believes that its brake of time fully to implement a retrofit programs, using uniform CVSA maintenance and adjustment programs rule, a manufacturing standard would inspection procedures, and to the have improved. achieve virtually the same result. periodic inspection requirement of Wilbur-Ellis recommended BAI Haldex cited fleet turnover in its § 396.17. In addition, § 396.25 requires retrofit for s-cam brakes. opposition to BAI retrofit. It believed brake inspectors to be capable of The NPTC stated it would support a that a mandate for stroke indicators performing brake service or inspection BAI retrofit requirement, but that the could be made without one for ABAs, tasks through brake-related training, method used to indicate brake out-of- but that an ABA retrofit without experience, or a combination thereof adjustment status should not be including BAIs could create a false totaling at least one year. The FHWA specified. sense of security due to maintenance believes that an additional program to Metro-Dade supported a BAI retrofit concerns on older vehicles. ‘‘certify’’ motor carriers’ preventive requirement. Midland-Grau cautioned that a maintenance programs would achieve The CVSA stated that retrofit of BAIs complete brake system analysis would little. would be desirable as it would aid in be required, as for an ABA retrofit. The agency disagrees with CVSA’s recognizing brake adjustment problems. Union Pacific and XTRA Corporation comment that the manufacture of MBAs would oppose retrofit of BAIs for the Opposed should be halted. The FHWA does not same reasons that they would oppose have the regulatory authority to place Maine opposed BAI retrofitting ABA retrofit. such a requirement on manufacturers. because benefits would be very limited. Also, as other commenters have pointed Rockwell believed that the benefit of Agency’s Response to These Comments out, some CMVs were never designed to BAIs is marginal compared to ABAs. It As several of the brake manufacturers accept ABAs, even as an option. cited factors such as the expense of the pointed out, the original design of the Replacing MBAs with ABAs could devices, control of the placement brake system must be considered in Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations 46241 determining whether or not a retrofitted manufacturers currently have to accommodate ABAs on such vehicles item would function properly. The inadequate capacity to simultaneously vary from relatively small machining accuracy, precision, and, most notably, supply ‘‘record levels’’ of new CMVs operations to outright wheel the durability of most retrofitted BAIs is and a large retrofit demand. replacement.’’ questionable. While marked pushrods The AHAS recommended two The PMAA also expressed concerns on replacement air chamber assemblies alternative phased-in schedules. In the about space and necessary clearances might prove the most durable, it is not first, 10 percent of the entire existing for retrofitted ABAs to work effectively. reasonable to expect a motor carrier to commercial fleet would be retrofitted The PMAA believes that ‘‘[w]hile a replace an air chamber in proper beginning one year following the newly-designed vehicles could easily operating condition for that sole promulgation of the final rule, followed accommodate the variety of components purpose. by 25 percent in the second year, 60 on the market, older vehicles would not The FHWA has consulted with the percent in the third year, with 100 be able to follow suit. This is primarily NHTSA on the matter of BAIs on boot- percent compliance by the end of the due to the fact that the brake and covered pushrods. Very few CMVs use fourth year. The AHAS also suggested, structural system of the existing vehicle boot-covered pushrods. Those CMVs as an alternative choice for motor or trailer is already fixed in place during that are so equipped are generally used carriers, a two-year implementation the manufacturing process. Adding for operations where the brake chambers delay after a final rule was issued, adjusters to these vehicles and trailers could be contaminated with dust and followed by a requirement for 100 would require extensive alterations debris. They are exempt from the percent compliance in the third year. requiring cutting welded bracket FMVSS BAI requirement because they anchors from the brake system and do not have an exposed pushrod. This Agency Response to These Comments engineering a completely redesigned is not a loophole for manufacturers, but Since the agency has decided not to brake system.’’ The PMAA believed that a recognition that certain operating require retrofitting of any kind, a such redesign is beyond the technical environments require enclosed discussion of these comments is capabilities of operators like petroleum pushrods. unnecessary. marketers and truck/trailer service 3. If certain CMVs are to be retrofitted, 4. Are there certain types or facilities. It believed that a leading cause how much time should be allowed for configurations of air-braked vehicles of ABA failure is improper installation, installation of the new equipment? that cannot be equipped with ABAs and that, even when performed by because of space limitations around the Comments factory-trained personnel, many units axles and wheels? still fail. ‘‘It is reasonable to surmise that Commenters suggested phase-in Comments the more technically-difficult retrofit by periods ranging from one to seven years. untrained personnel would yield a Metro Dade suggested that only one year Rockwell, Haldex, the PMAA, and the higher rate of brake failure * * *.’’ would be necessary to retrofit a transit ATA stated that space limitations can The NADA and the NPTC also fleet. The NPTC suggested a minimum prevent installation of ABAs, and have believed that some CMVs cannot be two-year retrofit period for in fact done so. Rockwell added that an equipped with ABAs. XTRA hydraulically-braked CMVs and a improperly installed ABA may impair Corporation stated that it owned minimum of a five-year retrofit for air- brake performance by limiting brake approximately 1,000 older braked CMVs. The OOIDA and Union chamber stroke, and that use of long remanufactured trailers which cannot be Pacific recommended at least three stroke chambers may influence converted. years, while the ATA and the AHAS performance as well. Several commenters did not view a recommended four years. The SOIC and Haldex noted that, in the last five potential retrofitting requirement as a Haldex recommended at least five years. years, most U.S.-built CMVs offered problem. Sebring believed that all its XTRA Corporation stated that the ABAs at least as an option, but, because tractors and trailers could be easily responsibility to retrofit would fall upon of design differences, not all equipped. Union Pacific stated that it their customers because it has manufacturers’ ABAs fit each was not aware of any type of trucks, relinquished control to the lessee. It application. Haldex stated that some tractors, or trailers that cannot be noted that most leases run five to six vehicles built over 15 years ago, as well equipped due to space limitations. The years, so its commercial situation as some Japanese vehicles, use a HDBMC, Midland-Grau, Metro Dade, dictated against requiring retrofitting in ‘‘camshaft spline’’ with uncommon and the CVSA recommended that the a shorter period than seven years. dimensions which is not currently FHWA defer to the judgement of CMV Midland-Grau commented that retrofit available from any ABA manufacturer. manufacturers. time required would be a function of the (Haldex did not provide specifics on the While it opposed the notion of a specific products selected, and any design.) Haldex stated that it has had retrofitting requirement, the ATA vehicle modifications needed, such as difficulties retrofitting other Japanese suggested that the requirement only brake chamber pushrod length changes vehicles which were not originally apply to those CMVs which, when new, to fit a new ABA and clevis, interference designed to offer ABAs as an option. had ABAs offered as a substitute option rework, and brake chamber The ATA commented that slack for MBAs. The ATA stated that it modifications to fit stroke indicator adjusters, which it believes comprise at recognized that there may be problems components. least 95 percent of the adjustment identifying those vehicles. Other factors cited by commenters mechanisms used for air brakes, must fit that would affect a phase-in period into cramped quarters between brake, Agency’s Response to These Comments included the ability of manufacturers to axle, suspension, and frame The FHWA agrees with the meet the demands for new CMVs as components. ‘‘This problem is commenters’ concerns regarding the well as retrofitted ones, time lags in particularly difficult on tractors but also difficulty of making engineering distribution channels, scheduling of occurs with trailers, especially those of modifications (relocation of welded vehicles for retrofit, and costs to CMV a specialty nature.’’ The OOIDA brackets, replacement of atypical operators. In particular, Haldex and the repeated this concern, adding that ‘‘[t]he components, reconfiguration of ATA contended that ABA modifications that would be necessary components in tight quarters) to permit 46242 Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations some CMVs originally equipped with they would lead to confusion, needless impractical because of installation MBAs to retrofit ABAs. With the enforcement activity, and penalties for difficulties. exception of Haldex, none of the mistakes of fact. The ATA stated that specialized commenters provided information on Sebring said that different periods vehicles which are exempt from FMVSS specific classes of CMVs that could be may be needed but did not elaborate on No. 121 requirements have been given readily identified as presenting unique that statement. this status by the NHTSA ‘‘based on the retrofit challenges. Midland-Grau believed that different facts that doing so will not compromise As discussed in the agency’s response periods should be specified according to public safety and that these vehicles to the comments to Question 1, it has potential installation problems, but it cannot be constructed in a manner never been the FHWA’s intent to did not elaborate. consistent with more ‘normal’ promulgate a rule which would force Metro-Dade stated that this issue was equipment.’’ The ATA added that these CMV operators to attempt to redesign not applicable to transit agencies. vehicles could not have been readily brake systems or axles in order to Union Pacific opposed the notion of built with ABAs, that retrofit should not accommodate an ABA. The FHWA will different retrofit periods for different be considered, and that these vehicles not prohibit retrofitting of ABAs. types of CMVs because it would require must still meet the FMCSR’s Nevertheless, motor carriers considering excessive management to enforce. requirements for inspection and safe retrofitting ABAs when MBAs are The CVSA asked that the FHWA operation. replaced should consult the appropriate consider a phase-in period and the need The NADA stated that its members technical experts to ensure that the for mechanic training. support ‘‘maximum possible brake system of the affected CMV will XTRA Corporation urged that no grandfathering’’ of non-FMVSS 121 continue to operate safely. retrofitting requirements be imposed on CMVs as part of their universal 5. Should different periods be intermodal containers, trailers, or opposition to a retrofit mandate. The NPTC stated that a member had specified for retrofitting single-unit chassis, or on remanufactured trailers, suggested that trucks and trailers over trucks, tractors, converter dollies, and or on mobile storage trailers. trailers? 8,165 kg (18,000 lbs) GVW, which have Agency’s Response to This Comment been equipped with ABAs, be required Comments As stated earlier in this notice, to maintain the ABAs or improve them, Maine recommended that trucks and but that any retrofitting requirement tractors be retrofitted by October 20, retrofitting requirements will not be imposed. exempt trucks under 8,165 kg (18,000 1996, and that trailers, semitrailers, and lb) GVW because the benefits of ABAs 6. Should specific types of CMVs, or converter dollies be retrofitted by on those vehicles are not clear. The CMVs used in unique operations, (i.e., October 20, 1997. NPTC did not elaborate on that CMVs that are not subject to the Rockwell suggested that the FHWA comment. requirements of FMVSS 121, but are might set priorities for vehicle types The AHAS believed that no vehicle or subject to the FMCSRs) be exempt from based on model years and benefit-risk load-carrying dolly should be exempted a requirement to be retrofitted with analysis. if it can sustain highway speeds. ABAs? Should these specific types of The HDBMC and Haldex advised that However, it allowed that low-speed air-braked CMVs manufactured on or any retrofitting requirement be phased- vehicles that usually operate for short after October 20, 1994, be required to be in by vehicle type and year of distances and under special permit can equipped with ABAs prior to being manufacture. Haldex believed that be considered as long as the FHWA placed in operation in interstate trailers should have priority over ‘‘will avoid the creation of a loophole commerce? tractors because they have longer useful for exploitation.’’ lives, but receive less maintenance Comments The OOIDA opposed retrofitting of during their lives. Haldex cautioned that any air-braked vehicles, and stated that combination vehicles are susceptible to Maine and Sebring believed that the FHWA ‘‘should defer to NHTSA’’ on jackknife accidents if the tractor brakes limited or specialized use vehicles not this issue. are in better working order than trailer subject to the FMVSS No. 121 Union Pacific stated that certain brakes. Haldex also noted that new requirements should be subject to a vehicles should be excluded. vehicles accumulate more miles, and requirement for retrofit of ABAs. Cedarapids opposed retrofitting older vehicles would be retired from Neither provided elaboration. The construction equipment, citing an service before a retrofit were to be CVSA recommended that CMVs economic impact without an increase in required. currently equipped with slack adjusters highway safety. It was concerned that While the NADA indicated that its be required to have ABAs unless there ABAs could exacerbate brake problems survey respondents were universally is a specific retrofitting problem for that because dirt and dust would cause high opposed to retrofits, it requested that the type of vehicle. Those situations should failure rates of ABAs while providing a time-frame for a potential requirement be handled as exceptions. false sense of security to construction consider limitations in labor, parts, and The HDBMC, Rockwell, Haldex, equipment operators. However, ‘‘[f]or shop facilities. Midland-Grau, and the ATA normal highway vehicles, we agree and The AHAS believed that its recommended against including CMVs applaud your efforts to increase recommended phase-in period not subject to the FMVSSs. Rockwell highway safety.’’ discussed earlier should apply believed it ‘‘might be awkward’’ to XTRA Corporation urged that no simultaneously to tractors, trailers, and require ABAs on vehicles ‘‘not subject retrofitting requirements be imposed on single-unit tankers that carry hazardous to other federal braking requirements.’’ intermodal containers, trailers, or materials. It suggested that additional Haldex argued that there was chassis, or on remanufactured trailers, lead time be provided for other CMVs insufficient justification for ABAs on or on mobile storage trailers. and non-air-braked CMVs. limited- and specialized-use vehicles, While opposing retrofitting, the noting that there is little industry Agency’s Response to This Comment OOIDA maintained that different experience with ABAs on these As noted above, this final rule does periods should not be specified because vehicles, and that retrofitting might be not require retrofitting of any kind. Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations 46243

Some of the comments nonetheless furnished in individual responses from to be retrofitted ‘‘within the given deserve a brief response. HDBMC member companies. period’’ at a cost of $108 million. The FHWA agrees with the ATA’s and The SOIC estimated a range of labor The NADA estimated costs at from Cedarapids’ comments. The NHTSA is and materials costs for each intermodal $75/brake to $250/tandem and believed responsible for determining compliance chassis from $185 to $275, averaging there would be considerable CMV-to- with, or exemptions from, FMVSS No. around $220. It estimated a cost of $48 CMV variation. 121. The definition of off-road million for its members to retrofit, and The NPTC estimated costs at $200 to construction equipment is to be questioned the ‘‘indeterminate $750 for straight trucks and single axle narrowly construed and limited to reductions in traffic accidents’’ that trailers, and $900 to $1000 for tandem- equipment which, by its design, would result. The SOIC stated that it axle tractors. appearance, and function, is obviously anticipated no technical problems While the AHAS was ‘‘convinced that not intended for use on a public road. related to a retrofitting requirement, but the benefits gained by retrofitting ABAs The FHWA has provided regulatory that administrative difficulties of and BAIs to the entire existing guidance (58 FR 60734, November 17, locating, capturing, and transporting commercial fleet would far outweigh 1993) concerning the applicability of the chassis to repair facilities may be any costs to industry, especially if a FMCSRs to ‘‘off road’’ motorized significant and difficult to quantify. It reasonable phase-in program was put in construction equipment, i.e., motor suggested a program of conversion ‘‘in place,’’ it did not provide any figures to scrapers, backhoes, compactors, association with annual inspections substantiate this statement. The OOIDA stated that costs can vary excavators, tractors, trenchers, and required by the FMCSRs.’’ considerably, depending on application, bulldozers (Question 6 to § 390.5, Sebring estimated that in 1990 a local configuration of foundation brake Definitions), as follows: repair shop needed one hour per wheel mounting, make and type of ABA, and Such equipment is routinely found at to install four automatic slack adjusters where the work is performed. It construction sites and is operated by (ASAs). Labor charges were $25 per provided the following information, personnel requiring specialized skills. hour, and the ASAs cost approximately based on discussions with several Occasionally, such equipment is moved to or $55 each. The first retrofit of a BAI of midwest truck dealerships: ABAs, $35 from construction sites by ‘‘driving’’ the Sebring’s own design took 30 minutes, ‘‘vehicles’’ short distances on public to $75; hourly shop rates from $47 to and others took 10 minutes/wheel. $49.50; time to simply remove brake highways. Their appearance on the highway Rockwell estimated the cost of parts is only incidental to their primary function, adjusters and install ABAs, from 20 to they are not designed to operate in traffic, and labor to replace MBAs at $50 per 90 minutes. The OOIDA added that and their mechanical manipulation often wheel; to retrofit an ABA, $100 per retrofit may require replacement of requires a different set of knowledge and wheel. other system components to conform to skills. The types of construction equipment Wilbur-Ellis estimated costs at around ABA design and various mounting discussed above do not come within the $80 for an ASA, installation time of 0.75 configurations. The OOIDA asserted that definition of a ‘‘CMV’’ and hence the to one hour each, and a labor rate of $45 owner-operators are already operating operators and equipment are not subject to to $50 per hour. Downtime was the FMCSRs. on thin profit margins, and that any that estimated at one day per truck, and any loss of use of a CMV would be an As for the NPTC’s comment perhaps more. The total retrofitting cost unjustifiable burden. concerning an exemption for CMVs for three-axle delivery truck would be Haldex stated that ABAs retail for under 8,165 kg (18,000 lbs) GVWR, the approximately $700. Most of Wilbur- approximately 4 to 5 times the cost of general applicability of the FMCSRs to Ellis’ locations are in rural areas where an MBA; aftermarket prices range from CMVs over 4,536 kg (10,000 lbs) GVWR air brake repair facilities are not readily $50 to $75. It estimated installation time is required by statute (49 U.S.C. available. at around 15 minutes per wheel; 31132(1)). The ATA believed that ‘‘re- however, the potential need to change The FHWA cannot ‘‘defer to NHTSA’’ engineering’’ systems to accommodate air chamber pushrod length could on operational standards for CMVs, as ABAs on CMVs not originally designed double that time. ‘‘On the average, a OOIDA suggested, because that agency’s for them would be a major cost element vehicle would be out of [revenue] regulatory authority is limited to of retrofitting. The ATA stated that, ‘‘in service for no less than 90 minutes for manufacturing standards. However, the many instances, the vehicle would have an ABA retrofit.’’ Haldex also stated that FHWA and the NHTSA work closely to be either scrapped or sold somewhere data available to the company indicated together on regulations of common else in the world where it could be that major fleets generate an average of interest to both agencies. used, since the retrofit could not be approximately $100 to $150 per hour in 7. What are the costs associated with economically justified.’’ The ATA revenue, so each vehicle undergoing retrofitting an ABA compared to estimated the following costs for retrofit retrofit would also cost the motor carrier replacement of an MBA? Include: the of vehicles originally designed to $150 to $225 in revenue foregone. cost of the device, installation time, accommodate ASAs: One hour per Metro-Dade stated that the ‘‘Cost to mechanic’s hourly salary, and a ‘‘loss of brake, assuming no severe corrosion or retrofit would be insignificant if done in use’’ cost figure if a CMV were to be other interfering factor; labor, $25 per conjunction with a brake rebuild.’’ taken out of revenue service for hour (different in various parts of the The PMAA believed that costs might retrofitting at some time other than a country); $65 for an ABA, $12.50 for an include re-engineering of brake and time when a brake adjuster would MBA. If brake chambers needed to be structural systems to provide additional normally be due for replacement. How replaced to accomplish a BAI retrofit, space needed for installation. It believed often do tractors and trailers visit a they would cost an additional $55 each. that, in many cases, retrofitting may not facility where retrofitting could take The ATA believed that costs for parts be economically feasible because of the place? and labor alone would make retrofit complexity of the redesign. In other cost-prohibitive; it did not include costs cases, redesign would not be technically Comments of vehicle down-time in these figures. possible. It stated ‘‘In cases such as The HDBMC stated that detailed The ATA estimated that 3.8 million these, the cost of compliance would answers to this question would be trailers would require 12 million ABAs equal the cost of the vehicle and 46244 Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations trailer.’’ The PMAA estimated the operating in interstate commerce. The brakes are also the primary equipment- following costs for CMVs that could be agency believes that the ATA’s estimate related cause for CMVs to be placed out retrofitted: $65 for ABAs; labor, $40 per of 3.8 million CMVs potentially subject of service during roadside inspections; hour; 6 hours for installation if there is to a retrofitting requirement may be for Fiscal Year 1992, 36.2 percent of no extensive corrosion; total: $670. For somewhat high because single-unit vehicles placed out-of-service were a complex brake system redesign, it trucks and buses with hydraulic brake cited for this deficiency. estimated costs up to $2300 per vehicle. systems would not have been included Aside from the clear safety benefits of The PMAA estimated costs for its in such a proposal. The ATA estimated maintaining proper brake adjustment, industry segment at $14,740,000. slightly more than three retrofitted ABAs can have a positive benefit on Midland-Grau stated that it was ABAs per vehicle (12 million ABAs/3.8 motor carrier productivity by preventing difficult to estimate a typical cost, and million CMVs=3.15 ABAs/CMV). This CMVs from being placed out of service, that an evaluation was needed. also might be a low estimate: Most reducing roadside service calls and the Union Pacific provided the following semitrailers would need 4 ABAs, and resulting delays to transportation cost estimates. Tandem tractors: one-axle semitrailers would need two operations. material, $400; labor, 2 hours at $60 per ABAs, but tractors would need up to 6. Virtually all commenters to the NPRM hour; total $520. Tandem trailers: However, using the ATA’s estimate of who responded to the in-use material, $300; 3 hours labor at $60 per 12 million ABAs, the cost for parts and requirement were in favor of it. The hour; total $480. labor would be $1.2 billion, rather than ATA noted that manufacturers have XTRA Corporation estimated direct the $108 million figure stated in its provided, and motor carriers voluntarily costs of approximately $300/unit for its docket comment. If we were to exclude have been using, ABAs for a number of entire fleet of trailers and chassis, tractors and air-braked single-unit years. Even in the absence of Federal including materials and an average of CMVs, some 2.7 million trailer retrofits regulations, the marketplace was 2.5 hours of labor. It noted that (two-thirds of the U.S. trailer and adopting the technology on its merits. additional costs that needed to be semitrailer fleet), requiring four ABAs Finally, the FHWA strives to maintain considered included loss of revenue, each, would cost an estimated $1.08 consistency between the manufacturing recordkeeping, and customers’ costs billion for parts and labor. standards for commercial motor resulting from temporary removal of Some commenters noted, and the vehicles contained in the NHTSA’s their trailers from service. Logistical FHWA agrees, that the logistical costs of Federal Motor Vehicle Safety Standards considerations would be XTRA locating a CMV for retrofitting and (FMVSSs), and the operations and Corporation’s time to locate the CMV removing it from revenue service could maintenance regulations contained in and to plan and schedule its retrofit, exceed the costs of labor and materials. the FMCSRs. and their customers’ cooperation in On the other hand, the cost of The FHWA has concluded that both accomplishing it. retrofitting ABAs probably would not motor carriers and the traveling public Agency’s Response to This Comment exceed the value of the CMV unless the may derive substantial operational and vehicle was at or past the end of its safety benefits from the use of automatic The ABAs were estimated to cost useful life. In general, however, the data brake adjusters and brake adjustment between $35 and $75; most commenters and cost estimates show that retrofitting indicators. estimated a range of $50 to $75. They ABAs would involve significant The final rule, therefore, amends the might take from 20 minutes to 1.5 hours expense to the motor carrier industry. FMCSRs by adding a new § 393.53, to install; 45 minutes to one hour was While ABAs have real advantages Automatic Brake Adjusters and Brake the most common range noted. over MBAs, the FHWA has determined Adjustment Indicators, to Subpart C, Mechanics’ hourly salaries were figured that the costs associated with a Brakes. at $25 to $60, with $40 to $45 most retrofitting requirement do not clearly The provisions of paragraphs (a), (b), commonly noted. exceed the benefits that could be At the low end of the range, a $50 and (c) require that automatic brake anticipated. This is especially true given adjusters and brake adjustment ABA that takes a mechanic earning $40 that the estimated $1 billion retrofit cost per hour 0.75 hour to install would cost indicators installed on newly would only apply to trailers, and manufactured CMVs to comply with the the motor carrier $80. At the high end, semitrailers, not to truck-tractors or air- a $75 ABA that takes a $45 per hour requirements of FMVSS Nos. 105 and braked single-unit trucks. Even with 121 be maintained by the motor carriers mechanic one hour to install would cost several years of lead time, the annual the motor carrier $120. For purposes of operating those CMVs. cost to the motor carrier industry would These provisions will apply to all estimating, the FHWA will use a be several hundred million dollars. CMVs operated in the United States, rounded average of $100 per ABA None of the commenters that favored a irrespective of the country where the installed, excluding the motor carrier’s retrofit requirement provided an CMV is based. Canadian and Mexican revenue loss for the time the CMV is not analysis or estimate of its expected vehicles manufactured on or after the in service. impact on CMV accidents. The FHWA, effective dates of the NHTSA rules will Estimates of the numbers of registered therefore, will not require retrofitting. CMVs from the FHWA’s 1993 edition of be required to conform to this Highway Statistics are as follows: Discussion of Final Rule regulation. Commercial and private trucks Proper brake adjustment is critical to Rulemaking Analyses and Notices (excluding truck tractors, and light and safe CMV operation. The NHTSA has farm trucks), 2.4 million; truck tractors, estimated that nearly 4,000 CMV Executive Order 12866 (Regulatory 1.3 million; private and commercial accidents per year are caused by out-of- Planning and Review) and DOT trailers and semitrailers, 3.9 million; adjustment brakes. The NTSB’s review Regulatory Policies and Procedures and private and commercial buses, of 97 serious heavy truck accidents The FHWA has determined that this 115,000. However, many of these 7.6 investigated from 1969 to 1981 cited action is not a significant regulatory million CMVs are not in interstate out-of-adjustment brakes as a causal or action within the meaning of Executive commerce. The FHWA estimated in contributing factor in 28 percent of Order 12866 or significant within the 1993 that there were 3.6 million CMVs those accidents. Out-of-adjustment meaning of Department of Federal Register / Vol. 60, No. 172 / Wednesday, September 6, 1995 / Rules and Regulations 46245

Transportation regulatory policies and Executive Order 12612 (Federalism List of Subjects in 49 CFR Part 393 procedures. This rule makes the Assessment) Freight transportation, Highway operational standards for brakes in the This action has been analyzed in safety, Highways and roads, Motor FMCSRs consistent with the accordance with the principles and carriers, Motor vehicle safety. manufacturing standards in the FMVSS criteria contained in Executive Order In consideration of the foregoing, the Nos. 105 and 121. It requires automatic 12612, and it has been determined that FHWA is amending title 49, Code of brake adjusters and brake adjustment this action does not have sufficient Federal Regulations, part 393, as indicators installed on newly federalism implications to warrant the follows: manufactured CMVs in accordance with preparation of a federalism assessment. those manufacturing standards to be To be eligible for Motor Carrier Safety PART 393Ð[AMENDED] maintained by the motor carriers Assistance Program funds, a State’s operating those vehicles. The FHWA regulations for interstate transportation 1. The authority citation for part 393 believes that promulgation of this final must be the same as the FMCSRs and is revised to read as follows: rule is necessary to assure that the safety Federal Hazardous Materials Authority: Section 1041(b) of Pub. L. 102– benefits of the NHTSA rule are fully Regulations. Regulations for intrastate 240, 105 Stat. 1914, 1993 (1991); 49 U.S.C. transportation may be at variance only 31136 and 31502; 49 CFR 1.48. realized. Based on the NHTSA’s so long as they fall within the research, the FHWA believes that 2. In subpart C, § 393.53 is added to parameters of the Tolerance Guidelines read as follows: operation and maintenance costs of the in 49 CFR part 350, Appendix C. automatic brake adjusters and The FHWA intends to provide § 393.53 Automatic brake adjusters and adjustment indicators required under training and informational materials to brake adjustment indicators. the new FMVSSs will be lower than the States to aid them in this process. (a) Automatic brake adjusters costs of the devices previously required. The FHWA works with the Commercial (hydraulic brake systems). Each It is anticipated that the economic Vehicle Safety Alliance on training and commercial motor vehicle manufactured impact of this rulemaking will be enforcement issues, and will continue to on or after October 20, 1993, and minimal; therefore, a full regulatory do so. equipped with a hydraulic brake evaluation is not required. Paperwork Reduction Act system, shall meet the automatic brake adjustment system requirements of Regulatory Flexibility Act This action does not contain a Federal Motor Vehicle Safety Standard collection of information requirement No. 105 (49 CFR 571.105, S5.1) In compliance with the Regulatory for purposes of the Paperwork applicable to the vehicle at the time it Flexibility Act (5 U.S.C. 601–612), the Reduction Act of 1980, 44 U.S.C. 3501 was manufactured. FHWA has evaluated the effects of this et seq. rule on small entities. This rule (b) Automatic brake adjusters (air modifies the operational standards for National Environmental Policy Act brake systems). Each commercial motor brakes in the FMCSRs to make them The agency has analyzed this action vehicle manufactured on or after consistent with the manufacturing for the purpose of the National October 20, 1994, and equipped with an standards in the FMVSS Nos. 105 and Environmental Policy Act of 1969 (42 air brake system shall meet the 121, which now require the installation U.S.C. 4321 et seq.) and has determined automatic brake adjustment system of automatic brake adjusters and that this action would not have any requirements of Federal Motor Vehicle Safety Standard No. 121 (49 CFR adjustment indicators on certain newly- effect on the quality of the environment. 571.121, S5.1.8) applicable to the manufactured CMVs. Under this final Executive Order 12372 vehicle at the time it was manufactured. rule, motor carriers are only required to (Intergovernmental Review) (c) Brake adjustment indicator (air maintain these devices. The final rule Catalog of Federal Domestic brake systems). On each commercial does not impose a retrofitting Assistance Program Number 20.217, motor vehicle manufactured on or after requirement for vehicles manufactured Motor Carrier Safety. The regulations October 20, 1994, and equipped with an prior to the effective date of the implementing Executive Order 12372 air brake system which contains an NHTSA’s rules. This is consistent with regarding intergovernmental external automatic adjustment other requirements linking the FMCSRs consultation on Federal programs and mechanism and an exposed pushrod, to the FMVSS Nos. 105 and 121. The activities apply to this program. the condition of service brake under- FHWA believes that operation and Regulation Identification Number adjustment shall be displayed by a brake maintenance costs of the vehicles adjustment indicator conforming to the equipped with automatic brake A regulation identification number requirements of Federal Motor Vehicle adjusters and adjustment indicators will (RIN) is assigned to each regulatory Safety Standard No. 121 (49 CFR be lower than costs of the manual action listed in the Unified Agenda of 571.121, S5.1.8) applicable to the devices previously required. Therefore, Federal Regulations. The Regulatory vehicle at the time it was manufactured. Information Service Center publishes the FHWA hereby certifies that this Issued on August 30, 1995. action would not have a significant the Unified Agenda in April and October of each year. The RIN in the Rodney E. Slater, economic impact on a substantial heading of this document can be used Federal Highway Administrator. number of small entities. to cross reference this action with the [FR Doc. 95–22077 Filed 9–5–95; 8:45 am] Unified Agenda. BILLING CODE 4910±22±P