[Federal Register Volume 65, Number 26 (Tuesday, February 8, 2000)]
[Notices]
[Pages 6249-6250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2719]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-6478; Notice 2]


Advanced Bus Industries, LLC; Grant of Application for Temporary 
Exemption From Federal Motor Vehicle Safety Standard No. 105

    For the reasons given below, we are granting 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 applied for 
the exemption 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 published notice of receipt of the application on November 17, 
1999 (64 FR 62740), and received no comments on it.
    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 applied on behalf of its ``MSV Test and Development 
Vehicle,'' a small bus with a GVWR of 13,500 pounds.
    ABI described 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 asked 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 
argued 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

[[Page 6250]]

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 lbs (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 argued that the test report shows that the braking performance, 
even without brakes on the tag axle, significantly exceeds the 
requirements of Standard No. 105.

Our Findings

    ABI is presently unable to sell its MSV because the bus does not 
provide a service brake system acting on all wheels as required by S5.1 
of Standard No. 105. Although the four principal wheels are part of the 
service brake system, the two smaller wheels of the bus's tag axle are 
not part of the overall service brake system. The lack of a service 
brake system on the tag axle wheels does not create a noncompliance 
with the stopping distance specifications of Standard No. 105. Indeed, 
the bus is designed to exceed these by, in its words, ``a significant 
margin.'' In this sense, the overall level of safety of the MSV may 
exceed that of a similar bus with a complying brake system.
    Even though the anticipated production of the bus is small, the 
vehicles serve the public interest by providing mass transportation in 
the markets where they will be sold and operated.
    Accordingly we find that, to require compliance would prevent ABI 
from selling a motor vehicle whose overall level of safety is 
equivalent to or exceeds the overall level of safety of nonexempted 
motor vehicles, and that a temporary exemption is in the public 
interest and consistent with the objectives of traffic safety. 
Accordingly, Advanced Bus Industries is hereby granted NHTSA Exemption 
No. 2000-1 from the requirement in S5.1 of 49 CFR 571.105 Standard No. 
105, Hydraulic and electric brake systems, that its MSV bus be equipped 
with a service brake system on the two wheels of the bus's tag axle. 
The exemption shall expire January 1, 2002.

    Authority:  49 U.S.C. 30113; delegation of authority at 49 CFR 
1.50.

    Issued on: February 2, 2000.
Rosalyn G. Millman,
Acting Administrator.
[FR Doc. 00-2719 Filed 2-7-00; 8:45 am]
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