Federal Register - June 14, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices
Send comments on or before July 14, 2021.
ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition.
Comments must refer to the docket and notice number cited in the title of this notice and submitted by any of the following methods:
Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M
30, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M
30, West Building Ground Floor, Room W12140, 1200 New Jersey Avenue, SE, Washington, DC 20590. The Docket Section is open on weekdays from 10
a.m. to 5 p.m. except for Federal holidays.
Electronically: Submit comments electronically by logging onto the Federal Docket Management System FDMS website at https
www.regulations.gov/. Follow the online instructions for submitting comments.
Comments may also be faxed to 202 4932251.
Comments must be written in the English language and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https
www.regulations.gov, including any personal information provided.
All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible.
When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice.
All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https
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www.regulations.gov by following the online instructions for accessing the docket. The docket ID number for this petition is shown in the heading of this notice.
DOTs complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 65 FR 19477 2012;78.
FOR FURTHER INFORMATION CONTACT:
Ahmad Barnes, Safety Compliance Engineer, NHTSA, Office of Vehicle Safety Compliance, 202 3667236.
SUPPLEMENTARY INFORMATION:
I. Overview Spartan has determined that certain MY 2005 2012;2020 Spartan Diamond, Gladiator, and MetroStar emergency response vehicles do not fully comply with the requirements of paragraph S5.1.2.1 of FMVSS No. 121, Air Brake Systems 49 CFR 571.121. Spartan filed an original noncompliance report dated November 4, 2019, and later amended it on November 11, 2019, pursuant to 49
CFR part 573, Defect and Noncompliance Responsibility and Reports. In the November 11, 2019
noncompliance report, Spartan indicated that the vehicles at issue had air reservoirs with a capacity of 2,068
cubic inches without describing how this capacity was insufficient to meet the requirements of S5.1.2.1 of FMVSS
No. 121. Spartan subsequently petitioned NHTSA on December 2, 2019, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118d and 30120h and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance.
This notice of receipt of Spartans petition is published under 49 U.S.C.
30118 and 30120 and does not represent any Agency decision or other exercise of judgment concerning the merits of the petition.
II. Vehicles Involved Approximately 3,583 MY 20052020
Spartan Diamond, Gladiator, and MetroStar emergency response vehicles, manufactured between October 18, 2004, and October 1, 2019, are potentially involved.
III. Noncompliance Spartan described the noncompliance as combined volume of air in the service and supply reservoirs in the air brake system does not meet the required minimum of twelve times the combined volume of air from all service brake
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chambers as in paragraph S5.1.2.1 of FMVSS No. 121.
IV. Rule Requirements Paragraph S5.1.2.1 of FMVSS No. 121
includes the requirements relevant to this petition. The combined volume of all service reservoirs and supply reservoirs shall be at least 12 times the combined volume of all service brake chambers.
V. Summary of Spartans Petition The following views and arguments presented in this section, V. Summary of Spartans Petition, are the views and arguments provided by Spartan. They have not been evaluated by the Agency and do not reflect the views of the Agency. Spartan describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety.
In support of its petition, Spartan submitted the following reasoning:
1. There are 3,227 chassis cabs affected by this condition, which are equipped with T30 brake chambers on the steer axle and T30 brake chambers on the drive axle. In using the values in Table V of FMVSS No. 121, the cumulative air capacity of these brake chambers would be 356 cu. in.
Multiplying by 12, the needed air reservoir capacity would be 4,272 cu. in.
The actual air reservoir capacity on these vehicles is 4,152 cu. in.
There are 356 chassis cabs affected by this condition, which are equipped with T30 brake chambers on the steer axle, T30 brake chambers on the drive axle, and T30 brake chambers on the tandem axle. In using the values in Table V of FMVSS No. 121, the cumulative air capacity of these brake chambers would be 534 cu. in. Multiplying by 12, the needed air reservoir capacity would be 6,408 cu. in. The actual air reservoir capacity on these vehicles is 6,236 cu.
in.
2. Air Compressor Cut-In Pressure: In paragraph S5.1.1 of FMVSS No. 121, the vehicle is to be equipped with an air compressor of sufficient capacity to increase air pressure in the supply and service reservoirs from 85 psi to 100 psi when the engine is operating at the vehicle manufacturers maximum recommend rpm within a time, in seconds, determined by the quotient Actual reservoir capacity 25/
Required reservoir capacity. In using this equation, in vehicles subject to the noncompliance, the air pressure would be required to go from 85 psi to 100 psi within 24.14 seconds 415225/4272.
Using the same equation and the required air reservoir capacity of 4,272
cu. in., the air pressure would need to
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