[Federal Register Volume 64, Number 74 (Monday, April 19, 1999)]
[Notices]
[Pages 19214-19215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9706]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5116; Notice 2]
Johnston Sweeper Co.; Grant of Application for Temporary
Exemption From Federal Motor Vehicle Safety Standard No. 105
For the reasons explained in this notice, we are granting the
application by Johnston Sweeper Company of Chino, California (``JSC''),
for an exemption until March 1, 2002, from requirements of Motor
Vehicle Safety Standard No. 105, Hydraulic and Electric Brake Systems,
that became effective March 1, 1999. JSC applied for an exemption on
the basis that ``compliance would cause substantial economic hardship
to a manufacturer that has tried in good faith to comply with the
standard.'' 49 CFR 555.6(a).
We published notice of receipt of the application on February 24,
1999 (64 FR 9215).
The discussion that follows is based on information contained in
JSC's application.
Why JSC Needs a Temporary Exemption
On and after March 1, 1999, S5.5 of Standard No. 105 requires any
motor vehicle with a GVWR greater than 10,000 pounds, except for a
vehicle that has a speed attainable in 2 miles of 30 mph or less, to be
equipped with an antilock brake system (``ABS''), as specified in
S5.5.1 of the standard. JSC manufactures street sweepers. One of these,
the Model M4000, is a ``truck'' as defined by our regulations. The
M4000 is hydrostatically driven, and has two braking systems:
Hydrostatic braking and hydraulically-braked front and rear axles. Both
axles are specifically manufactured for JSC by proprietary axle
manufacturers who produce customized versions of existing conventional
vehicle axles, in order to make them economically viable. As far as JCS
can ascertain, it is unique in producing a hydrostatically-driven
vehicle that can achieve highway speeds of up to 60 mph. A supplier had
promised axles by August 1998 that would be compatible with ABS control
systems leading JSC to expect that it could conform with the new
requirements of Standard No. 105 effective March 1, 1999. However, for
the reasons discussed below, the supplier is unable to fulfill its
commitment to JCS in a timely manner.
Why Compliance Would Cause JSC Substantial Economic Hardship
JSC produced 303 sweepers in 1998. Its net losses over the past
three fiscal years have averaged $1,690,815 annually. It estimates that
``the loss of sales by not being granted an exemption would result in
20% less turnover.'' JSC stated that it employs 170 persons and
contributes more than $30,000,000 to the American economy, and, if its
application is denied, this would have a measurable effect on its
employment force and the company's economic contributions.
JCS stated that it believes it will need 18 to 24 months to
complete compliance work after receipt of prototype axles, in order to
assure the reliability and endurance of its vehicles when the system is
put into production.
How JSC Has Tried To Comply With the Standard in Good Faith
During 1997, JSC concluded a long search to find a manufacturer
prepared to design and manufacture economically-viable front and rear
axle and brake assemblies compatible with ABS control systems. Its
supplier promised to provide axles by August 1998. According to JSC,
``the supplier subsequently acquired another axle manufacturer and
instigated a rationalization review of the resulting combined product
ranges.'' As a result, the supplier has decided not to produce the
original axle design. JCS does not expect suitable prototypes to be
available until mid to late 1999. The company has approached other axle
manufacturers but has not yet located a better alternative. After it
receives prototype axles, significant testing will be required to
integrate the ABS with hydrostatic braking and to ensure the
reliability and durability of the axles and braking system.
Why Exempting JSC Would Be Consistent With the Public Interest and
Objectives of Motor Vehicle Safety
JCS said that it is a leading provider of road sweepers to
municipalities, airports, and the like, which benefits the public by
helping to reduce health hazards (``air borne, on the ground and in
run-off water''). The company believes that the fact that its sweepers
are reliable, durable, and cost effective is also in the public
interest.
The sweepers operate at average speeds of from 2 to 8 mph for
approximately 80 to 90 percent of the time, ``well below the limit
requiring ABS brakes.'' JSC stated that its sweepers ``have inherently
safe braking (hydrostatic) since the retardation force applied is
proportional to the tractive effort being applied, at the time.''
Our Findings and Agreement With Johnston's Arguments
Well in advance of the effective date of the new requirements,
Johnston found a supplier who would provide front and rear axle and
brake assemblies compatible with ABS control systems. However, the
supplier has decided not to produce the axle design agreed upon, and
will not be able to provide an alternative axle until mid-1999. This
last-minute change has prevented Johnston from complying with Standard
No. 105 on March 1, 1999. The company has registered net losses in each
of its past three fiscal years, and if it does not receive a temporary
exemption, these losses can be expected to deepen.
Denial of its application would ``have a measurable effect on its
employment force'' which numbers 170 persons, as well as reducing the
number of sweepers available for the sanitary needs of municipalities.
Although the sweepers are capable of highway speeds of up to 60 miles
per hour, they are intended for use on city streets which are zoned for
much lower speeds. The operating speeds average 2 to 8 miles per hour
while the streets are being swept, below the level of effectiveness of
ABS systems.
On the basis of the foregoing, we hereby find that a temporary
exemption would be in the public interest and consistent with the
objectives of traffic safety. We further find that compliance at this
time would cause substantial economic hardship to a manufacturer that
has tried in good faith to comply with the standard.
The Temporary Exemption
Accordingly, Johnston Sweeper Company is hereby granted NHTSA
Temporary Exemption No. 99-4 from
[[Page 19215]]
S5.5 of 49 CFR 571.105 Standard No. 105, Hydraulic and Electric Brake
Systems, expiring March 1, 2002, for its Model M4000.
Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR
1.50.
Issued on: April 12, 1999.
Ricardo Martinez,
Administrator.
[FR Doc. 99-9706 Filed 4-16-99; 8:45 am]
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