American Transportation Corporation, Grant of Application for Decision of Inconsequential Noncompliance

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-99-5681; notice 2]

American Transportation Corporation, Grant of Application for

Decision of Inconsequential Noncompliance

American Transportation Corporation (AmTran) has determined certain

air brake systems on AmTran buses were built with air tank volumes that

are not in full compliance with Federal Motor Vehicle Safety Standard

(FMVSS) No. 121, ``Air brake systems,'' and has filed an appropriate

report pursuant to 49 CFR Part 573, ``Defect and Noncompliance

Reports.'' AmTran has also applied to be exempted from the notification

and remedy requirements of 49 U.S.C. Chapter 301--``Motor Vehicle

Safety'' on the basis that the noncompliance is inconsequential to

motor vehicle safety.

Notice of receipt of the application was published, with a 30-day

comment period, on May 25, 1999, in the Federal Register (64 FR 28242).

NHTSA received no comments on this application during the 30-day

comment period. Since November 5, 1998, AmTram has produced vehicles

that comply with the air reservoir combined volume requirements of

FMVSS No. 121.

FMVSS No. 121 establishes the performance and equipment

requirements for the braking systems on vehicles equipped with air

brake systems. On January 12, 1995, NHTSA issued a final rule in the

Federal Register (60 FR 2896) amending FMVSS No. 121 to allow the

volume of each air brake chamber to be determined by either the actual

volume of the brake chamber at maximum travel of the brake piston (or

pushrod), or the ``rated volume'' of each brake chamber pursuant to a

table of specified values,'' whichever is lower. On July 11, 1996,

NHTSA published a final rule amending Table V. The agency decided to

revise certain rated volumes in Table V, thereby removing design

restrictions that had continued to discourage the use of long stroke

brake chambers. AmTran's calculation of the minimum required air

capacity of affected buses is based on the amended Table V.

From October 27, 1995, through November 5, 1998, AmTran produced

122 units with an air reservoir combined volume of 3,630 cubic inches

or 11.6 times the combined volume of all service brake chambers.

Standard No. 121 requires those units to have an air reservoir combined

volume of 3,744 cubic inches or 12 times the combined volume of all

service brake chambers.

The rear air brake chambers of the affected buses are 30 inches in

diameter. During the agency's compliance testing of various motor

vehicles, the agency conducted compliance testing on an Am Tran bus and

found that the bus met the air reservoir and the braking performance

requirements specified in FMVSS No. 121. The compliance test vehicle

was equipped with smaller rear brake chambers (24-inch diameters) than

the affected buses.

On August 16, 1999, AmTran provided the agency with its in-house

test results on a subject model bus. These tests evaluated the

vehicle's air consumption under severe braking and indicated that the

bus' braking system had sufficient compressed air to adequately stop

the vehicle during repeated brake applications.

Based on the agency's test findings and the information provided by

AmTran, the agency believes that in this case, the true measure of its

inconsequentiality to motor vehicle safety is whether this air

reservoir combined volume affects the vehicle's overall stopping

ability. In this case, it does not appear to adversely affect stopping

ability. Laboratory test data results submitted by the manufacturer

demonstrate that this non-compliant braking system maintains sufficient

air after several brake applications. In consideration of the

foregoing, NHTSA has decided that the applicant has met its burden of

persuasion that the noncompliance it describes is inconsequential to

safety. Accordingly, its application is granted, and the applicant is

exempted from providing the notification of the noncompliance that is

required by 49 U.S.C. 30118, and from remedying the noncompliance, as

required by 49 U.S.C. 30120.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and

501.8)

Issued on: January 7, 2000.

Stephen R. Kratzke,

Acting Associate Administrator for Safety Performance Standards.

[FR Doc. 00-749 Filed 1-11-00; 8:45 am]

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