Parts and Accessories Necessary for Safe Operation: Brakes; Adjustment Limits, 54721-54727 [2011-22478]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Proposed Rules
Banking Supervision and Regulation at
the Board, or the Director’s delegee.
(2) Request for additional
information. The Board may, at any
time, request additional information
that it believes is necessary to complete
the registration.
(3) Complete filing. A registration by
a securities holding company is
considered to be filed on the date that
all information required on the
appropriate form is received.
(b) Effective date of registration.
(1) In general. A registration filed by
a securities holding company under
paragraph (a) of this section is effective
on the 45th calendar day after the date
that a complete filing is received by the
responsible Reserve Bank.
(2) Earlier notification that a
registration is effective. The Board may
notify a securities holding company that
its registration to become a supervised
securities holding company is effective
prior to the 45th calendar day after the
date that a complete filing is received by
the responsible Reserve Bank. Such a
notification must be in writing.
(3)(i) Upon an effective registration
and except as otherwise provided by
order of the Board, a supervised
securities holding company shall be
treated, and shall be subject to
supervision and regulation by the
Board, as if it were a bank holding
company, or as otherwise appropriate to
protect the safety and soundness of the
supervised securities holding company
and address the risks posed by such
company to financial stability.
(ii) The provisions of section 4 of the
Bank Holding Company Act of 1956 (12
U.S.C. 1841 et seq.) do not apply to a
supervised securities holding company.
issue of Wednesday, August 17, 2011,
make the following correction:
§ 67.4
[Corrected]
On page 50962, in the eleventh line
below the column titles at the top of the
page, ‘‘Unincorporated Areas of Craven
County’’ should read ‘‘Unincorporated
Areas of Jones County’’.
[FR Doc. C1–2011–20866 Filed 9–1–11; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Chapter III
RIN 2126–AB28
Parts and Accessories Necessary for
Safe Operation: Brakes; Adjustment
Limits
Federal Motor Carrier Safety
Administration, DOT.
ACTION: Notice of proposed rulemaking;
request for comments.
AGENCY:
By order of the Board of Governors of the
Federal Reserve System, August 29, 2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011–22469 Filed 9–1–11; 8:45 am]
DATES:
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
erowe on DSK5CLS3C1PROD with PROPOSALS-1
44 CFR Part 67
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–B–1212]
Proposed Flood Elevation
Determinations
Correction
In proposed rule document 2011–
20866 beginning on page 50960 in the
VerDate Mar<15>2010
14:06 Sep 01, 2011
Jkt 223001
SUMMARY:
Send your comments on or
before November 1, 2011.
ADDRESSES: You may submit comments
identified by Docket ID Number
FMCSA–2010–0257 by any of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
Fax: 202–493–2251.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Ms.
Deborah M. Freund, Vehicle and
Roadside Operations Division, Office of
Bus and Truck Standards and
Operations (MC–PSV), Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001;
deborah.freund@dot.gov; telephone
(202) 366–5370.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents for Preamble
[Docket No. FMCSA–2010–0257]
The Federal Motor Carrier
Safety Administration (FMCSA)
proposes to revise the requirements
regarding clamp and rotochamber brake
actuator readjustment limits in the
Federal Motor Carrier Safety
Regulations (FMCSRs). The purpose of
this notice of proposed rulemaking
(NPRM) is to amend the readjustment
limits, clarify their application, and
correct an error in cross-referencing a
Federal Motor Vehicle Safety Standard
(FMVSS). This proposal responds to a
petition for rulemaking from the
Commercial Vehicle Safety Alliance
(CVSA).
BILLING CODE 6210–01–P
54721
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Abbreviations
III. Legal Basis for the Rulemaking
IV. Background
V. CVSA’s Petition
VI. Agency Analysis
VII. Discussion of the Proposed Rule
VIII. Regulatory Analyses
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
in this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you provide.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (FMCSA–2010–0257),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and click on
the ‘‘Submit a Comment’’ box, which
will then become highlighted in blue. In
the ‘‘Document Type’’ drop-down
menu, select ‘‘Proposed Rules,’’ insert
‘‘FMCSA–2010–0257’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
E:\FR\FM\02SEP1.SGM
02SEP1
54722
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Proposed Rules
When the new screen appears, click on
‘‘Submit a Comment’’ in the ‘‘Actions’’
column. If you submit your comments
by mail or hand delivery, submit them
in an unbound format, no larger than
81⁄2 by 11 inches, suitable for copying
and electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
proposed rule based on your comments.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble,
available in the docket, go to https://
www.regulations.gov and click on the
‘‘Read Comments’’ box in the upper
right-hand side of the screen. Then, in
the ‘‘Keyword’’ box insert ‘‘FMCSA–
2010–0257’’ and click ‘‘Search.’’ Next,
click the ‘‘Open Docket Folder’’ in the
‘‘Actions’’ column. Finally, in the
‘‘Title’’ column, click on the document
you would like to review. If you do not
have access to the Internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
C. Privacy Act
Anyone is able to search the
electronic form for all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the U.S. Department of
Transportation’s (DOT) Privacy Act
system of records notice for DOT
Federal Docket Management System
(FDMS) in the Federal Register
published on January 17, 2008 (73 FR
3316) at https://edocket.access.gpo.gov/
2008/pdf/E8-785.pdf.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
II. Abbreviations
ATA American Trucking Associations.
CMV commercial motor vehicle.
CVSA Commercial Vehicle Safety Alliance.
DOT U.S. Department of Transportation.
FHWA Federal Highway Administration.
FMCSRs Federal Motor Carrier Safety
Regulations.
FMVSSs Federal Motor Vehicle Safety
Standards.
NHTSA National Highway Traffic Safety
Administration.
NPRM Notice of Proposed Rulemaking.
OOS out of service.
VerDate Mar<15>2010
14:06 Sep 01, 2011
Jkt 223001
SAE
Society of Automotive Engineers.
III. Legal Basis for the Rulemaking
Appendix G, Minimum Periodic
Inspection Standards, was added to the
FMCSRs in 1988 (53 FR 49411, Dec. 7,
1988). Under the inspection standards
of Appendix G, all items required to be
inspected must be in proper adjustment,
must not be defective, and must
function properly before a commercial
motor vehicle (CMV) is placed in
service. Appendix G includes, among
many other things, brake adjustment
(readjustment) limits. Paragraph 1.a.(5)
of this appendix currently reads:
Readjustment limits. The maximum stroke
at which brakes should be readjusted is given
below. Any brake 1/4″ or more past the
readjustment limit or any two brakes less
than 1/4″ beyond the readjustment limit shall
be cause for rejection. Stroke shall be
measured with engine off and reservoir
pressure of 80 to 90 psi with brakes fully
applied.
The figures in the rightmost column
of each of the three tables following
paragraph 1.a.(5) indicate the maximum
stroke at which brakes should be
readjusted.
Subsequently, in June 1991, the
Society of Automotive Engineers (SAE)
developed International Recommended
Practice J1817 (SAE J1817) to provide a
marking system that distinguishes longstroke from standard-stroke air brake
actuators, rotochambers, and their
components. It defines ‘‘rated stroke’’ as
the minimum design stroke of a brake
actuator.
The 2001 revision of SAE J1817
includes tables listing recommended
values for minimum rated stroke and
maximum readjustment stroke for clamp
band/sealed design standard-stroke
brake actuators (Table 1A), clamp band/
sealed design long-stroke brake
actuators (Table 1B), and rotochamber
designs (Table 1C). Table 1B is further
broken down to include three classes of
long-stroke actuators. The classes are
defined according to the range of
difference between the maximum
readjustment stroke and the standard
rated stroke. In most but not all cases,
the maximum readjustment stroke is 80
percent of the minimum rated stroke.
The differences are greatest for the
smaller sizes of brake chambers.
In 1997, the Federal Highway
Administration (FHWA), FMCSA’s
predecessor agency within the U.S.
Department of Transportation (DOT),
published in the Federal Register an
NPRM titled ‘‘Parts and Accessories
Necessary for Safe Operation; General
Amendments’’ (62 FR 18169, Apr. 14,
1997). This NPRM proposed to amend
49 CFR part 393 by removing obsolete
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
and redundant regulations; responding
to several petitions for rulemaking;
providing improved definitions of
vehicle types, systems, and components;
resolving inconsistencies between part
393 and 49 CFR part 571 (FMVSSs); and
codifying certain regulatory guidance
regarding the requirements of part 393.
Generally, the amendments did not
establish new or more stringent
requirements but clarified existing
requirements.
As part of that NPRM, FHWA
proposed to add a new § 393.47(e) to the
FMCSRs to specify the maximum
permissible stroke for different types
(sizes) of brake chambers and
incorporate by reference SAE J1817,
Long-Stroke Air-Brake Actuator Marking
(June 1991). The NPRM proposed to
require that the maximum values for
pushrod travel for clamp- and
rotochamber-type actuators must be less
than 80 percent of the rated strokes
listed in SAE J1817, or 80 percent of the
rated stroke marked on the brake
chamber by the chamber manufacturer,
or the readjustment limit marked on the
brake chamber by the chamber
manufacturer. For types 16 and 20 longstroke clamp-type brake actuators, the
NPRM proposed that the pushrod travel
must be less than 51 mm (2 in.), or 80
percent of the rated stroke marked on
the brake chamber by the chamber
manufacturer, or the readjustment limit
marked on the brake chamber by the
chamber manufacturer. The NPRM did
not propose to revise the Appendix G
brake readjustment-limits tables.
FMCSA published the final rule on
August 15, 2005 (70 FR 48007). The
Agency revised § 393.47(e) as proposed,
except that it incorporated by reference
the July 2001 revision of SAE J1817
rather than the June 1991 edition. The
preamble to the final rule did not
indicate whether the Agency received
comments on the decision to
incorporate the July 2001 revision.
IV. Background
On April 16, 2007, CVSA petitioned
the Agency to revise § 393.47(e). CVSA
stated that, although the readjustment
(or brake actuator stroke) limits of SAE
J1817 are consistent with those listed in
Appendix G and CVSA’s North
American Standard Out-of-Service
(OOS) Criteria, § 393.47(e) ‘‘specifies
readjustment (stroke) limits based on 80
percent of the rated (full) strokes listed
in SAE J1817.’’ Relying on this criterion
introduces discrepancies between
§ 393.47(e) and SAE J1817. Although the
readjustment limits listed in SAE J1817
agree with those in Appendix G and the
OOS Criteria, they differ, for some brake
chambers, from the ‘‘80 percent of rated
E:\FR\FM\02SEP1.SGM
02SEP1
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Proposed Rules
erowe on DSK5CLS3C1PROD with PROPOSALS-1
stroke’’ specified in § 393.47(e).
Consequently, ‘‘[t]he enforcement and/
or noting of § 393.47(e) violations by
cross-referencing the regulation to 80%
of SAE J1817—Long Stroke Air-Brake
Actuator Marking, July, 2001 is proving
problematic for inspectors and
industry.’’
CVSA also pointed out that
§ 393.47(e) considers a brake with the
stroke at the readjustment limit to be
out of adjustment. In contrast, both
Appendix G and the OOS Criteria state
that the brake travel must exceed the
readjustment limit for the brake to be
considered out of adjustment. The
petitioners added that the values in both
Appendix G and the OOS Criteria were
established consistent with brake
manufacturers’ recommendations.
Although the CVSA subsequently
updated the OOS Criteria to include
several types of long-stroke clamp-type
brake chambers, FMCSA has not
similarly revised the Appendix G
values.
In addition, CVSA requested that
FMCSA revise § 393.53, Automatic
brake adjusters and brake adjustment
indicators, to include references to the
FMVSSs applicable to trailers. Sections
393.53(b) and (c) would be revised so
that the FMVSS citations read, ‘‘49 CFR
571.121, S5.1.8 or S5.2.2.’’
On June 10, 2008, CVSA amended its
April 2007 petition to correct the text of
the table subheadings for clamp-type
and rotochamber-type chamber data in
the original petition and to add tables
for Bendix DD–3 and bolt-type brake
chamber data. The amended petition
changed the table subheadings ‘‘Brake
Chamber Pushrod Stroke Limit’’ and
‘‘RC Actuate Pushrod Stroke Limit’’ to
read ‘‘Brake Adjustment Limit’’ and
‘‘Rotochamber Type Brake Chamber
Data,’’ respectively.
FMCSA has placed copies of CVSA’s
2007 petition and 2008 correction in the
docket for this rulemaking.
V. CVSA’s Petition
This NPRM is based on the authority
of the Motor Carrier Act of 1935 (1935
Act) and the Motor Carrier Safety Act of
1984 (the 1984 Act), both of which
provide broad discretion to the
Secretary of Transportation (Secretary)
in implementing their provisions.
The 1935 Act provides that the
Secretary may prescribe requirements
for (1) Qualifications and maximum
hours of service of employees of, and
safety of operation and equipment of, a
motor carrier [49 U.S.C. 31502(b)(1)],
and (2) qualifications and maximum
hours of service of employees of, and
standards of equipment of, a motor
private carrier, when needed to promote
VerDate Mar<15>2010
14:06 Sep 01, 2011
Jkt 223001
safety of operation [§ 31502(b)(2)]. The
2005 final rule amending part 393 of the
FMCSRs (Parts and Accessories
Necessary for Safe Operation, 70 FR
48007, Aug. 15, 2005) and these
proposed amendments are based on the
Secretary’s authority to regulate the
safety and standards of equipment of
for-hire and private carriers.
The 1984 Act gives the Secretary
concurrent authority to regulate drivers,
motor carriers, and vehicle equipment.
Codified in 49 U.S.C. 31136(a), section
206(a) of the Act requires the Secretary
to publish regulations on commercial
motor vehicle (CMV) safety.
Specifically, the Act sets forth minimum
safety standards to ensure that (1) CMVs
are maintained, equipped, loaded, and
operated safely [§ 31136(a)(1)]; (2) the
responsibilities imposed on operators of
CMVs do not impair their ability to
operate the vehicles safely
[§ 31136(a)(2)]; (3) the physical
condition of CMV operators is adequate
to enable them to operate the vehicles
safely * * * [§ 31136(a)(3)]; and (4) the
operation of CMVs does not have a
deleterious effect on the physical
condition of the operators
[§ 31136(a)(4)].
The proposed rule would provide
improved guidance concerning CMV
brake adjustment limits. The proposed
maximum pushrod travel for brake
actuators would enhance the braking
performance of the vehicle, consistent
with § 31136(a)(1). The rule does not
address the responsibilities or physical
condition of drivers addressed by
§ 31136(a)(2) and (3), respectively, and
deals with § 31136(a)(4) only to the
extent that a safer vehicle is less likely
to have a deleterious effect on the
physical condition of a driver. Before
prescribing any such regulations,
however, FMCSA must consider the
‘‘costs and benefits’’ of any proposal (49
U.S.C. 31136(c)(2)(A) and 31502(d)).
VI. Agency Analysis
SAE J1817, ‘‘Long-Stroke Air-Brake
Actuator Marking,’’ describes a marking
system to distinguish long-stroke from
standard-stroke air brake actuators,
rotochambers, and components. Longstroke air brake actuators are designed
to provide longer pushrod stroke
capabilities than standard-stroke
actuators. Because some of these
chambers are nearly identical in exterior
appearance to the standard chambers, a
unique marking system is needed for the
purpose of identification by mechanics,
inspectors, and others in the field. This
marking helps ensure that both types of
actuators are serviced correctly and
brakes are adjusted properly. This is
important because long-stroke actuator
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
54723
components from different actuator
manufacturers are not interchangeable,
nor are they interchangeable with
standard actuator components.
In addition to providing discrete
marking requirements for differentiating
long-stroke from standard-stroke
actuators, SAE J1817 includes tables
that specify the rated stroke and the
maximum readjustment stroke for
various types of air brake actuators.
Tables 1A and 1B provide data for
standard-stroke and long-stroke clamptype brake chambers, respectively, and
Table 1C provides data for rotochamber
designs.
Section 393.47(e) of the FMCSRs, as
amended in the August 2005 final rule,
outlines three options for determining
brake actuator readjustment limits for
clamp- and rotochamber-type actuators.
The pushrod travel for these actuators
must be:
(1) Less than 80 percent of the rated
stroke listed in Tables 1A, 1B, or 1C of
SAE J1817; or
(2) Less than 80 percent of the rated
stroke marked on the brake chamber by
its manufacturer; or
(3) Less than the readjustment limit
marked on the chamber by the chamber
manufacturer.
As CVSA’s petition notes, while
§ 393.47(e) specifies that readjustment
(stroke) limits may be based on 80
percent of the rated (full) strokes listed
in SAE J1817, relying on this criterion
may introduce discrepancies between
§ 393.47(e) and SAE J1817. Although in
some cases, the readjustment limits
listed in SAE J1817 are 80 percent of the
rated stroke for a given actuator,
deviations exist. Where the
readjustment limit listed in SAE J1817
for a given actuator differs from a value
equal to 80 percent of the rated stroke,
the difference generally is small. In
some cases, however, the deviations can
be considered more significant (i.e.,
close to, or greater than, 1⁄8 inch).1 The
differences vary according to the type
(size) of brake chamber. Using the ‘‘80
percent of rated stroke’’ criterion in
§ 393.47(e) may produce a value that is
either more stringent or less stringent
than the value specified in SAE J1817.
The differences, however, are only a
fraction of an inch.
CVSA recommends incorporation of a
set of tables into § 393.47(e)—similar to
the tables that already exist in (a) SAE
J1817, (b) the CVSA OOS Criteria, and
(c) Appendix G to the FMCSRs—that, if
included, would eliminate the
discrepancies resulting from application
of the ‘‘80 percent’’ criterion currently
1 Brake stroke is measured in increments of 1⁄8
inch.
E:\FR\FM\02SEP1.SGM
02SEP1
erowe on DSK5CLS3C1PROD with PROPOSALS-1
54724
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Proposed Rules
permitted under § 393.47(e) as
discussed above. Inclusion of these
tables would eliminate confusion in the
enforcement community and the
industry by providing explicit values for
the actuator readjustment limits.
In reviewing the tables in SAE J1817,
FMCSA confirmed that the specified
readjustment limits for certain actuators
are not equal to 80 percent of the
corresponding rated stroke for those
actuators.2 For example, the
readjustment limit for a T–30–L3
chamber (common on new trucks) is
listed at 2.5 inches in SAE J1817 and the
CVSA OOS Criteria (Appendix G has
not been updated to include long-stroke
chambers), yet under the requirements
of § 393.47(e), 80 percent of its rated
stroke of 3.0 inches (as provided in SAE
J1817) is 2.4 inches, a difference of
slightly less than an eighth of an inch.
In another example, for a standard T–36
chamber (common on transit buses),
SAE J1817, the CVSA OOS Criteria, and
Appendix G all list the readjustment
limit as 2.25 inches—but under the
requirements of § 393.47(e), 80 percent
of the rated stroke of 3.0 inches (as
provided in SAE J1817) is 2.4 inches, a
difference of slightly more than an
eighth of an inch. In the first example,
the § 393.47(e) criterion is more
stringent; in the second it is less
stringent. But in both cases the
differences are only a small fraction of
an inch.
Even though the discrepancies are
minimal, they are confusing to the
enforcement community and the
industry. Accordingly, for the reasons
discussed above, FMCSA proposes to
amend § 393.47(e) as recommended by
CVSA.
FMCSA does not, however, agree with
CVSA’s recommendation to limit out-ofadjustment findings to cases where the
brake travel exceeds the readjustment
limit. An s-cam brake that is at the
readjustment limit when it is cold will
be beyond the readjustment limit when
it gets hot. FMCSA believes that
vehicles should not be dispatched with
brakes at the readjustment limit,
because those brakes will be found to be
beyond the adjustment limit—and out of
compliance with the regulations—if
evaluated during a roadside inspection
after the brakes have become hot due to
operational use. Based on these
fundamental performance
characteristics of s-cam brakes, the
August 2005 final rule included a
provision in § 393.47(e) that requires
brake stroke to be ‘‘less than’’ the
readjustment limit(s), as opposed to the
Appendix G provision under which
brakes ‘‘at’’ the adjustment limit are in
compliance with the FMCSRs. This
difference reflects roadside inspection
tolerances. Roadside inspectors
typically refrain from citing a brake
adjustment violation until the brake is
beyond the adjustment limit. Further,
under the 20 percent rule for brake
violations in the OOS Criteria, roadside
inspectors do not remove a CMV from
service unless 20 percent of the
vehicle’s brakes are out of adjustment.
The Agency believes, however, that it is
appropriate to require motor carriers to
take action under the requirements of
§ 393.47 when a brake is at the
adjustment limit. This position is
consistent with findings from a 1995
study concerning the accuracy with
which brake adjustment can be
measured 3 performed by the University
of Michigan Transportation Research
Institute for FHWA’s Office of Motor
Carrier Safety. To avoid confusion in the
enforcement community and the
industry, this NPRM proposes to amend
Appendix G to make its requirements
consistent with those of § 393.47(e)
adopted in the August 2005 rule.
2 Whereas SAE J1817 provides values for (1) rated
stroke and (2) corresponding readjustment limits,
the CVSA OOS Criteria and Appendix G provide
only readjustment limits.
3 ‘‘Evaluation of Brake Adjustment Criteria for
Heavy Trucks,’’ FHWA–MC–94–016, March 1995. A
copy of the report is in the docket referenced at the
beginning of this notice.
VerDate Mar<15>2010
14:06 Sep 01, 2011
Jkt 223001
VII. Discussion of the Proposed Rule
This NPRM proposes to revise and
expand the readjustment-limits tables as
recommended by CVSA, and includes
these revised tables in § 393.47(e) and
Appendix G. The revised tables cover
readjustment limits not only for
clamp-, bolt-, and rotochamber-type
brake chambers but also for Bendix DD–
3 chambers. The table for clamp-type
brake chambers also differentiates
between adjustment limits for more
sizes of standard-stroke and long-stroke
chambers.
The NPRM also proposes to eliminate
the cross-reference to SAE J1817 in
§ 393.47(e). Inclusion of the new tables
in § 393.47(e) would provide explicit
readjustment limits for each type of
actuator, eliminating the need for the
cross-reference.
FMCSA notes that the SAE Truck and
Bus Brake Actuator Committee has
initiated work on a new SAE
Recommended Practice, J2899, which
would describe the physical
characteristics of air brake actuators that
allow the correct brake readjustment
limits to be determined. The new
recommended practice would also
define the maximum readjustment
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
limits based on the rated stroke and type
(size) of the chamber. The committee
voted to develop this new Jspecification to identify maximum
readjustment limits independently of
SAE J1817 and focus the latter on
actuator long-stroke marking
requirements. As the committee noted,
limiting SAE J1817 to the topic defined
within its scope will facilitate
maintenance of the standard. This
project was initiated in May 2009, and
it is not known when the new
recommended practice will be
published.
The proposed rule would adopt
CVSA’s suggestion to replace the
heading ‘‘Maximum stroke at which
brakes should be readjusted’’ with the
term ‘‘Brake Adjustment Limit.’’ The
proposed wording is more concise and
direct.
As discussed in the Agency Analysis
section, FMCSA proposes changes to
paragraph 1.a.(5) of Appendix G, ‘‘Brake
System, Service Brakes,’’ to be
consistent with the § 393.47(e)
requirement that pushrod travel be less
than the values specified in the
accompanying tables. For actuator types
not listed in these tables, the pushrod
stroke must be less than 80 percent of
the rated stroke marked on the actuator
by the actuator manufacturer, or less
than the readjustment limit marked on
the actuator by the actuator
manufacturer.
Lastly, the Agency would revise
§ 393.53 in response to CVSA’s request.
Although the introductory text of each
paragraph clearly states that it is
applicable to ‘‘each commercial motor
vehicle,’’ § 393.53(b) and (c) omit a
cross-reference to the FMVSSs
applicable to trailers (S.5.2.2). The
proposed rule adds this cross-reference
to eliminate potential confusion.
VIII. Regulatory Analyses
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. FMCSA expects the economic
impact of this NPRM to be minimal. The
proposal affects the conditions under
which motor carriers are cited for outof-adjustment brakes during roadside
inspections and CMVs are placed OOS
for such violations. Each brake
adjustment violation cited during a
roadside inspection must be addressed
E:\FR\FM\02SEP1.SGM
02SEP1
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Proposed Rules
by the carrier, and each OOS order
results in time lost for the carrier and
driver because the vehicle may not be
operated until the OOS defects have
been corrected. Consequently, a
decrease in OOS orders can be
considered a benefit of these proposed
amendments to the readjustment limits,
while any increase in violations and
OOS orders would be a cost. With
respect to the safety impact of OOS
orders for brake adjustment violations,
more such orders on vehicles with
defects may produce a safety benefit by
reducing crashes. Neither the petitioners
nor the Agency, however, are able to
estimate whether the number of brakeadjustment violations resulting from
this proposal would increase or
decrease by a significant amount. It
should be noted, however, that FMCSA
requires motor carriers to maintain their
vehicles in safe and proper operating
condition at all times and to have a
systematic inspection, repair, and
maintenance program to avoid
dispatching CMVs with safety defects
and deficiencies (see, e.g., 49 CFR
396.3(a)(1) and 398.7). Therefore, the
potential costs of this NPRM relate only
to carrying out the maintenance task
(e.g., readjusting the brakes or replacing
an inoperable slack adjuster) at the
inspection location rather than at one of
the carrier’s usual maintenance
locations.
From 2000 to 2009, the annual
number of Level I and Level V roadside
inspections of CMVs—the only
inspection levels that include brake
stroke measurement—ranged from about
0.94 to 1.25 million, and the percentage
of inspections resulting in the CMV
being placed OOS for brake violations of
all kinds ranged from a high of 17
percent to a low of 12.2 percent.
Roughly half of these violations
concerned out-of-adjustment brakes, but
the Agency believes that the changes in
this proposal would have relatively
little impact on this ratio. By proposing
to: (1) Remove from § 393.47(e) the
cross-reference to the readjustmentlimits tables in SAE J1817 and the
requirement that pushrod travel be less
than 80 percent of the rated stroke listed
in those tables, (2) incorporate into
§ 393.47(e) a set of tables (duplicating
those in Appendix G) providing explicit
readjustment limits, and (3) require that
pushrod travel be less than the values
specified in those tables, the NPRM
would eliminate certain discrepancies
between the brake adjustment values
derived using the ‘‘80 percent of rated
stroke’’ criterion under § 393.47(e) and
the values specified in the SAE J1817
tables. In addition, these changes would
VerDate Mar<15>2010
14:06 Sep 01, 2011
Jkt 223001
make § 393.47(e) consistent with
Appendix G, eliminating confusion in
the enforcement community and the
industry.
Although substituting the
readjustment-limits tables for the crossreference to SAE J1817 in § 393.47(e)
would resolve discrepancies that the
cross-reference introduced, these
differences are in many cases quite
small. The differences vary according to
the type (size) of brake chamber. Using
the ‘‘80 percent of rated stroke’’
criterion may produce a value that is
either more stringent or less stringent
than the value specified in SAE J1817.
For these reasons, FMCSA anticipates
that certain brake adjustments that
comply with the current rule would be
out of compliance with the proposed
standard—while the reverse could just
as often be true. On the other hand, the
proposed Appendix G amendment
mirroring the proposed § 393.47(e)
requirement that pushrod travel be less
than the values specified in the
readjustment-limits tables would have
no effect on the rate of OOS violations
for brake adjustment—because roadside
inspection procedures do not reference
the readjustment limits in Appendix G.
In summary, although FMCSA is
unable to estimate the net economic and
safety impacts of the changes proposed
in this NPRM, these impacts clearly
would be minimal.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires Federal
agencies to determine whether proposed
rules could have a significant economic
impact on a substantial number of small
entities. FMCSA estimates that the
economic impact of this rule would be
minimal. Consequently, I certify that
this proposed action would not have a
significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rulemaking does not impose an
unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1532 et seq.), that will
result in the expenditure by State, local,
and Tribal governments, in the
aggregate, or by the private sector, of
$141.3 million (which is the value of
$100 million in 2010 after adjusting for
inflation) or more in any 1 year.
Executive Order 12988 (Civil Justice
Reform)
This proposed action meets
applicable standards in sections 3(a)
and 3(b)(2) of Executive Order 12988,
Civil Justice Reform, to minimize
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
54725
litigation, eliminate ambiguity, and
reduce burden.
Executive Order 13045 (Protection of
Children)
FMCSA analyzed this action under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. The Agency
determined that this rulemaking does
not pose an environmental risk to health
or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of
Private Property)
This rulemaking does not effect a
taking of private property or otherwise
have takings implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Executive Order 13132 (Federalism)
A rulemaking has implications for
Federalism under Executive Order
13132, Federalism, if it has a substantial
direct effect on State or local
governments and would either preempt
State law or impose a substantial direct
cost of compliance on them. FMCSA
analyzed this proposed action in
accordance with Executive Order 13132.
The proposal would not have a
substantial direct effect on States, nor
would it limit the policymaking
discretion of States. Nothing in this
rulemaking would preempt any State
law or regulation.
Executive Order 12372
(Intergovernmental Review)
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this action.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that FMCSA
consider the impact of paperwork and
other information collection burdens
imposed on the public. The Agency
determined that no new information
collection requirements are associated
with this proposed rule.
National Environmental Policy Act
FMCSA analyzed this NPRM for the
purpose of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and determined under our
environmental procedures Order 5610.1,
published in the Federal Register on
March 1, 2004 (69 FR 9680), that this
proposed action does not have any
effect on the quality of the environment.
E:\FR\FM\02SEP1.SGM
02SEP1
54726
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Proposed Rules
Therefore, this NPRM is categorically
excluded from further analysis and
documentation in an environmental
assessment or environmental impact
statement under FMCSA Order 5610.1,
paragraph 6(bb) of Appendix 2. The
Categorical Exclusion under paragraph
6(bb) relates to ‘‘regulations concerning
vehicle operation safety standards,’’
such as the amended brake inspection
standards proposed in this rulemaking.
A Categorical Exclusion determination
is available for inspection or copying in
the Regulations.gov Web site listed
under ADDRESSES.
FMCSA also analyzed this proposal
under section 176(c) of the Clean Air
Act (CAA), as amended (42 U.S.C. 7401
et seq.), and implementing regulations
promulgated by the Environmental
Protection Agency. Approval of this
action is exempt from the CAA’s general
conformity requirement since it does
not affect direct or indirect emissions of
criteria pollutants.
Executive Order 13211 (Energy Effects)
FMCSA analyzed this action under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Agency has
determined that it is not a ‘‘significant
energy action’’ under that Executive
Order because it is not economically
significant and is not likely to have an
adverse effect on the supply,
distribution, or use of energy.
List of Subjects in 49 CFR Part 393
Highways and roads, Motor carriers,
Motor vehicle equipment, Motor vehicle
safety.
In consideration of the foregoing,
FMCSA proposes to amend title 49,
Code of Federal Regulations, subchapter
B, chapter III, as follows:
PART 393—[AMENDED]
1. The authority citation for part 393
is revised to read as follows:
Authority: 49 U.S.C. 31136, 31151, and
31502; Sec. 1041(b) of Pub. L. 102–240, 105
Stat. 1914, 1993 (1991); and 49 CFR 1.73.
2. In § 393.7, remove paragraph (b)(15)
and redesignate paragraphs (b)(16)
through (b)(22) as paragraphs (b)(15)
through (b)(21), respectively.
3. Amend § 393.47 by revising
paragraph (e) to read as follows:
§ 393.47 Brake actuators, slack adjusters,
linings/pads, and drums/rotors.
*
*
*
*
*
(e) Clamp, Bendix DD–3, bolt-type,
and rotochamber brake actuator
readjustment limits. The pushrod travel
for clamp- and rotochamber-type
actuators must be less than the values
specified in the following tables:
CLAMP-TYPE BRAKE CHAMBERS
Brake adjustment limit: Standard
stroke chamber
Brake adjustment limit: Long
stroke chamber
Type
Outside diameter
6 .............
9 .............
12 ...........
16 ...........
20 ...........
41⁄2 in. (114 mm) ...................................................
51⁄4 in. (133 mm) ...................................................
511⁄16 in. (145 mm) ...............................................
63⁄8 in. (162 mm) ...................................................
625⁄32 in. (172 mm) ...............................................
11⁄4
13⁄8
13⁄8
13⁄4
13⁄4
24 ...........
77⁄32 in. (184 mm) .................................................
13⁄4 in. (45 mm) .....................................................
30 ...........
36 ...........
83⁄32 in. (206 mm) .................................................
9 in. (229 mm) ......................................................
2 in. (51 mm) ........................................................
21⁄4 in. (57 mm).
in.
in.
in.
in.
in.
(32
(35
(35
(45
(45
mm).
mm).
mm) .....................................................
mm) .....................................................
mm) .....................................................
13⁄4 in. (45 mm)
2 in. (51 mm)
2 in. (51 mm)
2 1⁄2 in. (64 mm)*
2 in. (51 mm)
2 1⁄2 in. (64 mm)**
21⁄2 in. (64 mm)
* For type 20 chambers with a 3-inch (76 mm) rated stroke.
** For type 24 chambers with a 3-inch (76 mm) rated stroke.
BENDIX DD–3 BRAKE CHAMBERS
Outside
diameter
Type
ROTOCHAMBER-TYPE BRAKE
CHAMBERS
Brake adjustment
limit
81⁄8 in. (206 mm)
Outside
diameter
A ......
65⁄16 in. (176
mm).
93⁄16 in. (234
mm).
81⁄16 in. (205
mm).
51⁄4 in. (133 mm)
63⁄16 in. (157
mm).
11 in. (279 mm) ..
97⁄8 in. (251 mm)
49⁄32 in. (109
mm).
413⁄16 in. (122
mm).
513⁄32 in. (138
mm).
515⁄16 in. (151
mm).
613⁄32 in. (163
mm).
71⁄16 in. (180
mm).
75⁄8 in. (194 mm)
87⁄8 in. (226 mm)
12 ....
Brake adjustment
limit
16 ....
20 ....
B ......
erowe on DSK5CLS3C1PROD with PROPOSALS-1
C ......
D ......
E ......
F ......
G .....
VerDate Mar<15>2010
Brake adjustment
limit
21⁄4 in. (57 mm)
BOLT-TYPE BRAKE CHAMBERS
Type
Outside
diameter
9 ......
30 ....
Type
13⁄8 in. (35 mm)
24 ....
13⁄4 in. (45 mm)
1 ⁄ in. (45 mm)
34
11⁄4 in. (32 mm)
13⁄8 in. (35 mm)
2 ⁄ in. (57 mm)
2 in. (51 mm)
14
14:06 Sep 01, 2011
Jkt 223001
30 ....
36 ....
50 ....
11⁄2 in. (38 mm)
11⁄2 in. (38 mm)
2 in. (51 mm)
2 in. (51 mm)
2 in. (51 mm)
21⁄4 in. (57 mm)
23⁄4 in. (70 mm)
3 in. (76 mm)
For actuator types not listed in these
tables, the pushrod stroke must be less
than 80 percent of the rated stroke
marked on the actuator by the actuator
manufacturer, or less than the
readjustment limit marked on the
actuator by the actuator manufacturer.
*
*
*
*
*
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
4. Amend § 393.53 by revising
paragraphs (b) and (c) to read as follows:
§ 393.53 Automatic brake adjusters and
brake adjustment indicators.
*
*
*
*
*
(b) Automatic brake adjusters (air
brake systems). Each commercial motor
vehicle manufactured on or after
October 20, 1994, and equipped with an
air brake system must meet the
automatic brake adjustment system
requirements of Federal Motor Vehicle
Safety Standard No. 121 (49 CFR
571.121, S5.1.8 or S5.2.2) applicable to
the vehicle at the time it was
manufactured.
(c) Brake adjustment indicator (air
brake systems). On each commercial
motor vehicle manufactured on or after
October 20, 1994, and equipped with an
air brake system which contains an
external automatic adjustment
mechanism and an exposed pushrod,
the condition of service brake underadjustment must be displayed by a
brake adjustment indicator conforming
to the requirements of Federal Motor
E:\FR\FM\02SEP1.SGM
02SEP1
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Proposed Rules
Vehicle Safety Standard No. 121 (49
CFR 571.121, S5.1.8 or S5.2.2)
applicable to the vehicle at the time it
was manufactured.
5. Amend Appendix G to Subchapter
B by revising paragraph (1)(a)(5) to read
as follows:
Appendix G to Subchapter B of Chapter
III—Minimum Periodic Inspection
Standards
*
*
*
*
*
(1) * * *
(a) * * *
(5) Readjustment limits. The maximum
pushrod travel or stroke must be less than the
54727
values given in the tables below and at
§ 393.47(e). Any brake 1⁄4″ or more past the
readjustment limit, or any two brakes less
than 1⁄4″ past the readjustment limit, will be
rejected. Stroke must be measured with
engine off and reservoir pressure of 80 to 90
psi with brakes fully applied.
CLAMP-TYPE BRAKE CHAMBERS
Type
Outside diameter
Brake adjustment limit: Standard
stroke chamber
Brake adjustment limit: Long
stroke chamber
6 ..............
9 ..............
12 ............
16 ............
20 ............
24 ............
30 ............
36 ............
41⁄2 in. (114 mm) .......................................
51⁄4 in. (133 mm) .......................................
511⁄16 in. (145 mm) ....................................
63⁄8 in. (162 mm) .......................................
625⁄32 in. (172 mm) ....................................
77⁄32 in. (184 mm) ......................................
83⁄32 in. (206 mm) ......................................
9 in. (229 mm) ...........................................
11⁄4 in. (32 mm).
13⁄8 in. (35 mm).
13⁄8 in. (35 mm) .........................................
13⁄4 in. (45 mm) .........................................
13⁄4 in. (45 mm) .........................................
13⁄4 in. (45 mm) .........................................
2 in. (51 mm) .............................................
21⁄4 in. (57 mm).
13⁄4 in. (45 mm)
2 in. (51 mm)
2 in. (51 mm); 21⁄2 in. (64 mm) *
2 in. (51 mm); 21⁄2 in. (64 mm) **
21⁄2 in. (64 mm)
* For type 20 chambers with a 3-inch (76 mm) rated stroke.
** For type 24 chambers with a 3-inch (76 mm) rated stroke.
BENDIX DD–3 BRAKE CHAMBERS
Type
Outside
diameter
30 ....
81⁄8 in. (206 mm)
Brake adjustment
limit
21⁄4 in. (57 mm)
Type
A ......
65⁄16 in. (176
mm).
93⁄16 in. (234
mm).
81⁄16 in. (205
mm).
51⁄4 in. (133 mm)
3⁄16 in. (157
6
mm).
11 in. (279 mm) ..
97⁄8 in. (251 mm)
B ......
C ......
D ......
E ......
F ......
G .....
Outside
diameter
9 ......
49⁄32 in. (109
mm).
413⁄16 in. (122
mm).
513⁄32 in. (138
mm).
515⁄16 in. (151
mm).
613⁄32 in. (163
mm).
71⁄16 in. (180
mm).
75⁄8 in. (194 mm)
87⁄8 in. (226 mm)
12 ....
16 ....
20 ....
erowe on DSK5CLS3C1PROD with PROPOSALS-1
24 ....
30 ....
36 ....
50 ....
*
*
*
Anne S. Ferro,
Administrator.
BILLING CODE 4910–EX–P
13⁄8 in. (35 mm)
DEPARTMENT OF COMMERCE
13⁄4 in. (45 mm)
National Oceanic and Atmospheric
Administration
13⁄4 in. (45 mm)
50 CFR Parts 622 and 640
1 ⁄ in. (32 mm)
13⁄8 in. (35 mm)
RIN 0648–AY72
21⁄4 in. (57 mm)
2 in. (51 mm)
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Spiny
Lobster Fishery of the Gulf of Mexico
and South Atlantic; Amendment 10
14
11⁄2 in. (38 mm)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
11⁄2 in. (38 mm)
SUMMARY:
AGENCY:
Brake adjustment
limit
2 in. (51 mm)
2 in. (51 mm)
2 in. (51 mm)
21⁄4 in. (57 mm)
23⁄4 in. (70 mm)
3 in. (76 mm)
For actuator types not listed in these tables,
the pushrod stroke must be less than 80
percent of the rated stroke marked on the
VerDate Mar<15>2010
*
Brake adjustment
limit
ROTOCHAMBER-TYPE BRAKE
CHAMBERS
Type
*
[FR Doc. 2011–22478 Filed 9–1–11; 8:45 am]
BOLT-TYPE BRAKE CHAMBERS
Outside
diameter
actuator by the actuator manufacturer, or less
than the readjustment limit marked on the
actuator by the actuator manufacturer.
14:06 Sep 01, 2011
Jkt 223001
The Gulf of Mexico and South
Atlantic Fishery Management Councils
(Councils) have submitted Amendment
10 to the Fishery Management Plan for
the Spiny Lobster Fishery of the Gulf of
Mexico and South Atlantic (FMP) for
review, approval, and implementation
by NMFS. Amendment 10 proposes
actions to revise the lobster species
contained within the fishery
management unit; revise definitions of
management thresholds; establish an
acceptable biological catch control
(ABC) rule, an annual catch limit (ACL),
and an annual catch target (ACT) for
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
Caribbean spiny lobster; revise the
Federal spiny lobster tail-separation
permitting requirements; revise the
regulations specifying the condition of
spiny lobster landed during a fishing
trip; modify the undersized attractant
regulations; modify the framework
procedures; and transfer to the state of
Florida the authority to remove derelict
spiny lobster traps within the exclusive
economic zone (EEZ) off Florida.
DATES: Written comments must be
received on or before November 1, 2011.
ADDRESSES: You may submit comments
on the amendment identified by
NOAA–NMFS–2011–0106 by any of the
following methods:
• Electronic submissions: Submit
electronic comments via the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Susan Gerhart, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
To submit comments through the
Federal e-rulemaking portal: https://
www.regulations.gov, click on ‘‘submit a
comment,’’ then enter ‘‘NOAA–NMFS–
2011–0106’’ in the keyword search and
click on ‘‘search.’’ To view posted
comments during the comment period,
enter ‘‘NOAA–NMFS–2011–0106’’ in
the keyword search and click on
E:\FR\FM\02SEP1.SGM
02SEP1
]]>Agencies
[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Proposed Rules]
[Pages 54721-54727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22478]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Chapter III
[Docket No. FMCSA-2010-0257]
RIN 2126-AB28
Parts and Accessories Necessary for Safe Operation: Brakes;
Adjustment Limits
AGENCY: Federal Motor Carrier Safety Administration, DOT.
ACTION: Notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
proposes to revise the requirements regarding clamp and rotochamber
brake actuator readjustment limits in the Federal Motor Carrier Safety
Regulations (FMCSRs). The purpose of this notice of proposed rulemaking
(NPRM) is to amend the readjustment limits, clarify their application,
and correct an error in cross-referencing a Federal Motor Vehicle
Safety Standard (FMVSS). This proposal responds to a petition for
rulemaking from the Commercial Vehicle Safety Alliance (CVSA).
DATES: Send your comments on or before November 1, 2011.
ADDRESSES: You may submit comments identified by Docket ID Number
FMCSA-2010-0257 by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
Fax: 202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Vehicle and
Roadside Operations Division, Office of Bus and Truck Standards and
Operations (MC-PSV), Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590-0001;
deborah.freund@dot.gov; telephone (202) 366-5370.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Abbreviations
III. Legal Basis for the Rulemaking
IV. Background
V. CVSA's Petition
VI. Agency Analysis
VII. Discussion of the Proposed Rule
VIII. Regulatory Analyses
I. Public Participation and Request for Comments
FMCSA encourages you to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted without change to https://www.regulations.gov and will include
any personal information you provide.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2010-0257), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov and
click on the ``Submit a Comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop-down menu, select
``Proposed Rules,'' insert ``FMCSA-2010-0257'' in the ``Keyword'' box,
and click ``Search.''
[[Page 54722]]
When the new screen appears, click on ``Submit a Comment'' in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble,
available in the docket, go to https://www.regulations.gov and click on
the ``Read Comments'' box in the upper right-hand side of the screen.
Then, in the ``Keyword'' box insert ``FMCSA-2010-0257'' and click
``Search.'' Next, click the ``Open Docket Folder'' in the ``Actions''
column. Finally, in the ``Title'' column, click on the document you
would like to review. If you do not have access to the Internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal
holidays.
C. Privacy Act
Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. Department of Transportation's (DOT) Privacy Act system of records
notice for DOT Federal Docket Management System (FDMS) in the Federal
Register published on January 17, 2008 (73 FR 3316) at https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
II. Abbreviations
ATA American Trucking Associations.
CMV commercial motor vehicle.
CVSA Commercial Vehicle Safety Alliance.
DOT U.S. Department of Transportation.
FHWA Federal Highway Administration.
FMCSRs Federal Motor Carrier Safety Regulations.
FMVSSs Federal Motor Vehicle Safety Standards.
NHTSA National Highway Traffic Safety Administration.
NPRM Notice of Proposed Rulemaking.
OOS out of service.
SAE Society of Automotive Engineers.
III. Legal Basis for the Rulemaking
Appendix G, Minimum Periodic Inspection Standards, was added to the
FMCSRs in 1988 (53 FR 49411, Dec. 7, 1988). Under the inspection
standards of Appendix G, all items required to be inspected must be in
proper adjustment, must not be defective, and must function properly
before a commercial motor vehicle (CMV) is placed in service. Appendix
G includes, among many other things, brake adjustment (readjustment)
limits. Paragraph 1.a.(5) of this appendix currently reads:
Readjustment limits. The maximum stroke at which brakes should
be readjusted is given below. Any brake 1/4'' or more past the
readjustment limit or any two brakes less than 1/4'' beyond the
readjustment limit shall be cause for rejection. Stroke shall be
measured with engine off and reservoir pressure of 80 to 90 psi with
brakes fully applied.
The figures in the rightmost column of each of the three tables
following paragraph 1.a.(5) indicate the maximum stroke at which brakes
should be readjusted.
Subsequently, in June 1991, the Society of Automotive Engineers
(SAE) developed International Recommended Practice J1817 (SAE J1817) to
provide a marking system that distinguishes long-stroke from standard-
stroke air brake actuators, rotochambers, and their components. It
defines ``rated stroke'' as the minimum design stroke of a brake
actuator.
The 2001 revision of SAE J1817 includes tables listing recommended
values for minimum rated stroke and maximum readjustment stroke for
clamp band/sealed design standard-stroke brake actuators (Table 1A),
clamp band/sealed design long-stroke brake actuators (Table 1B), and
rotochamber designs (Table 1C). Table 1B is further broken down to
include three classes of long-stroke actuators. The classes are defined
according to the range of difference between the maximum readjustment
stroke and the standard rated stroke. In most but not all cases, the
maximum readjustment stroke is 80 percent of the minimum rated stroke.
The differences are greatest for the smaller sizes of brake chambers.
In 1997, the Federal Highway Administration (FHWA), FMCSA's
predecessor agency within the U.S. Department of Transportation (DOT),
published in the Federal Register an NPRM titled ``Parts and
Accessories Necessary for Safe Operation; General Amendments'' (62 FR
18169, Apr. 14, 1997). This NPRM proposed to amend 49 CFR part 393 by
removing obsolete and redundant regulations; responding to several
petitions for rulemaking; providing improved definitions of vehicle
types, systems, and components; resolving inconsistencies between part
393 and 49 CFR part 571 (FMVSSs); and codifying certain regulatory
guidance regarding the requirements of part 393. Generally, the
amendments did not establish new or more stringent requirements but
clarified existing requirements.
As part of that NPRM, FHWA proposed to add a new Sec. 393.47(e) to
the FMCSRs to specify the maximum permissible stroke for different
types (sizes) of brake chambers and incorporate by reference SAE J1817,
Long-Stroke Air-Brake Actuator Marking (June 1991). The NPRM proposed
to require that the maximum values for pushrod travel for clamp- and
rotochamber-type actuators must be less than 80 percent of the rated
strokes listed in SAE J1817, or 80 percent of the rated stroke marked
on the brake chamber by the chamber manufacturer, or the readjustment
limit marked on the brake chamber by the chamber manufacturer. For
types 16 and 20 long-stroke clamp-type brake actuators, the NPRM
proposed that the pushrod travel must be less than 51 mm (2 in.), or 80
percent of the rated stroke marked on the brake chamber by the chamber
manufacturer, or the readjustment limit marked on the brake chamber by
the chamber manufacturer. The NPRM did not propose to revise the
Appendix G brake readjustment-limits tables.
FMCSA published the final rule on August 15, 2005 (70 FR 48007).
The Agency revised Sec. 393.47(e) as proposed, except that it
incorporated by reference the July 2001 revision of SAE J1817 rather
than the June 1991 edition. The preamble to the final rule did not
indicate whether the Agency received comments on the decision to
incorporate the July 2001 revision.
IV. Background
On April 16, 2007, CVSA petitioned the Agency to revise Sec.
393.47(e). CVSA stated that, although the readjustment (or brake
actuator stroke) limits of SAE J1817 are consistent with those listed
in Appendix G and CVSA's North American Standard Out-of-Service (OOS)
Criteria, Sec. 393.47(e) ``specifies readjustment (stroke) limits
based on 80 percent of the rated (full) strokes listed in SAE J1817.''
Relying on this criterion introduces discrepancies between Sec.
393.47(e) and SAE J1817. Although the readjustment limits listed in SAE
J1817 agree with those in Appendix G and the OOS Criteria, they differ,
for some brake chambers, from the ``80 percent of rated
[[Page 54723]]
stroke'' specified in Sec. 393.47(e). Consequently, ``[t]he
enforcement and/or noting of Sec. 393.47(e) violations by cross-
referencing the regulation to 80% of SAE J1817--Long Stroke Air-Brake
Actuator Marking, July, 2001 is proving problematic for inspectors and
industry.''
CVSA also pointed out that Sec. 393.47(e) considers a brake with
the stroke at the readjustment limit to be out of adjustment. In
contrast, both Appendix G and the OOS Criteria state that the brake
travel must exceed the readjustment limit for the brake to be
considered out of adjustment. The petitioners added that the values in
both Appendix G and the OOS Criteria were established consistent with
brake manufacturers' recommendations. Although the CVSA subsequently
updated the OOS Criteria to include several types of long-stroke clamp-
type brake chambers, FMCSA has not similarly revised the Appendix G
values.
In addition, CVSA requested that FMCSA revise Sec. 393.53,
Automatic brake adjusters and brake adjustment indicators, to include
references to the FMVSSs applicable to trailers. Sections 393.53(b) and
(c) would be revised so that the FMVSS citations read, ``49 CFR
571.121, S5.1.8 or S5.2.2.''
On June 10, 2008, CVSA amended its April 2007 petition to correct
the text of the table subheadings for clamp-type and rotochamber-type
chamber data in the original petition and to add tables for Bendix DD-3
and bolt-type brake chamber data. The amended petition changed the
table subheadings ``Brake Chamber Pushrod Stroke Limit'' and ``RC
Actuate Pushrod Stroke Limit'' to read ``Brake Adjustment Limit'' and
``Rotochamber Type Brake Chamber Data,'' respectively.
FMCSA has placed copies of CVSA's 2007 petition and 2008 correction
in the docket for this rulemaking.
V. CVSA's Petition
This NPRM is based on the authority of the Motor Carrier Act of
1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (the 1984
Act), both of which provide broad discretion to the Secretary of
Transportation (Secretary) in implementing their provisions.
The 1935 Act provides that the Secretary may prescribe requirements
for (1) Qualifications and maximum hours of service of employees of,
and safety of operation and equipment of, a motor carrier [49 U.S.C.
31502(b)(1)], and (2) qualifications and maximum hours of service of
employees of, and standards of equipment of, a motor private carrier,
when needed to promote safety of operation [Sec. 31502(b)(2)]. The
2005 final rule amending part 393 of the FMCSRs (Parts and Accessories
Necessary for Safe Operation, 70 FR 48007, Aug. 15, 2005) and these
proposed amendments are based on the Secretary's authority to regulate
the safety and standards of equipment of for-hire and private carriers.
The 1984 Act gives the Secretary concurrent authority to regulate
drivers, motor carriers, and vehicle equipment. Codified in 49 U.S.C.
31136(a), section 206(a) of the Act requires the Secretary to publish
regulations on commercial motor vehicle (CMV) safety. Specifically, the
Act sets forth minimum safety standards to ensure that (1) CMVs are
maintained, equipped, loaded, and operated safely [Sec. 31136(a)(1)];
(2) the responsibilities imposed on operators of CMVs do not impair
their ability to operate the vehicles safely [Sec. 31136(a)(2)]; (3)
the physical condition of CMV operators is adequate to enable them to
operate the vehicles safely * * * [Sec. 31136(a)(3)]; and (4) the
operation of CMVs does not have a deleterious effect on the physical
condition of the operators [Sec. 31136(a)(4)].
The proposed rule would provide improved guidance concerning CMV
brake adjustment limits. The proposed maximum pushrod travel for brake
actuators would enhance the braking performance of the vehicle,
consistent with Sec. 31136(a)(1). The rule does not address the
responsibilities or physical condition of drivers addressed by Sec.
31136(a)(2) and (3), respectively, and deals with Sec. 31136(a)(4)
only to the extent that a safer vehicle is less likely to have a
deleterious effect on the physical condition of a driver. Before
prescribing any such regulations, however, FMCSA must consider the
``costs and benefits'' of any proposal (49 U.S.C. 31136(c)(2)(A) and
31502(d)).
VI. Agency Analysis
SAE J1817, ``Long-Stroke Air-Brake Actuator Marking,'' describes a
marking system to distinguish long-stroke from standard-stroke air
brake actuators, rotochambers, and components. Long-stroke air brake
actuators are designed to provide longer pushrod stroke capabilities
than standard-stroke actuators. Because some of these chambers are
nearly identical in exterior appearance to the standard chambers, a
unique marking system is needed for the purpose of identification by
mechanics, inspectors, and others in the field. This marking helps
ensure that both types of actuators are serviced correctly and brakes
are adjusted properly. This is important because long-stroke actuator
components from different actuator manufacturers are not
interchangeable, nor are they interchangeable with standard actuator
components.
In addition to providing discrete marking requirements for
differentiating long-stroke from standard-stroke actuators, SAE J1817
includes tables that specify the rated stroke and the maximum
readjustment stroke for various types of air brake actuators. Tables 1A
and 1B provide data for standard-stroke and long-stroke clamp-type
brake chambers, respectively, and Table 1C provides data for
rotochamber designs.
Section 393.47(e) of the FMCSRs, as amended in the August 2005
final rule, outlines three options for determining brake actuator
readjustment limits for clamp- and rotochamber-type actuators. The
pushrod travel for these actuators must be:
(1) Less than 80 percent of the rated stroke listed in Tables 1A,
1B, or 1C of SAE J1817; or
(2) Less than 80 percent of the rated stroke marked on the brake
chamber by its manufacturer; or
(3) Less than the readjustment limit marked on the chamber by the
chamber manufacturer.
As CVSA's petition notes, while Sec. 393.47(e) specifies that
readjustment (stroke) limits may be based on 80 percent of the rated
(full) strokes listed in SAE J1817, relying on this criterion may
introduce discrepancies between Sec. 393.47(e) and SAE J1817. Although
in some cases, the readjustment limits listed in SAE J1817 are 80
percent of the rated stroke for a given actuator, deviations exist.
Where the readjustment limit listed in SAE J1817 for a given actuator
differs from a value equal to 80 percent of the rated stroke, the
difference generally is small. In some cases, however, the deviations
can be considered more significant (i.e., close to, or greater than,
\1/8\ inch).\1\ The differences vary according to the type (size) of
brake chamber. Using the ``80 percent of rated stroke'' criterion in
Sec. 393.47(e) may produce a value that is either more stringent or
less stringent than the value specified in SAE J1817. The differences,
however, are only a fraction of an inch.
---------------------------------------------------------------------------
\1\ Brake stroke is measured in increments of \1/8\ inch.
---------------------------------------------------------------------------
CVSA recommends incorporation of a set of tables into Sec.
393.47(e)--similar to the tables that already exist in (a) SAE J1817,
(b) the CVSA OOS Criteria, and (c) Appendix G to the FMCSRs--that, if
included, would eliminate the discrepancies resulting from application
of the ``80 percent'' criterion currently
[[Page 54724]]
permitted under Sec. 393.47(e) as discussed above. Inclusion of these
tables would eliminate confusion in the enforcement community and the
industry by providing explicit values for the actuator readjustment
limits.
In reviewing the tables in SAE J1817, FMCSA confirmed that the
specified readjustment limits for certain actuators are not equal to 80
percent of the corresponding rated stroke for those actuators.\2\ For
example, the readjustment limit for a T-30-L3 chamber (common on new
trucks) is listed at 2.5 inches in SAE J1817 and the CVSA OOS Criteria
(Appendix G has not been updated to include long-stroke chambers), yet
under the requirements of Sec. 393.47(e), 80 percent of its rated
stroke of 3.0 inches (as provided in SAE J1817) is 2.4 inches, a
difference of slightly less than an eighth of an inch. In another
example, for a standard T-36 chamber (common on transit buses), SAE
J1817, the CVSA OOS Criteria, and Appendix G all list the readjustment
limit as 2.25 inches--but under the requirements of Sec. 393.47(e), 80
percent of the rated stroke of 3.0 inches (as provided in SAE J1817) is
2.4 inches, a difference of slightly more than an eighth of an inch. In
the first example, the Sec. 393.47(e) criterion is more stringent; in
the second it is less stringent. But in both cases the differences are
only a small fraction of an inch.
---------------------------------------------------------------------------
\2\ Whereas SAE J1817 provides values for (1) rated stroke and
(2) corresponding readjustment limits, the CVSA OOS Criteria and
Appendix G provide only readjustment limits.
---------------------------------------------------------------------------
Even though the discrepancies are minimal, they are confusing to
the enforcement community and the industry. Accordingly, for the
reasons discussed above, FMCSA proposes to amend Sec. 393.47(e) as
recommended by CVSA.
FMCSA does not, however, agree with CVSA's recommendation to limit
out-of-adjustment findings to cases where the brake travel exceeds the
readjustment limit. An s-cam brake that is at the readjustment limit
when it is cold will be beyond the readjustment limit when it gets hot.
FMCSA believes that vehicles should not be dispatched with brakes at
the readjustment limit, because those brakes will be found to be beyond
the adjustment limit--and out of compliance with the regulations--if
evaluated during a roadside inspection after the brakes have become hot
due to operational use. Based on these fundamental performance
characteristics of s-cam brakes, the August 2005 final rule included a
provision in Sec. 393.47(e) that requires brake stroke to be ``less
than'' the readjustment limit(s), as opposed to the Appendix G
provision under which brakes ``at'' the adjustment limit are in
compliance with the FMCSRs. This difference reflects roadside
inspection tolerances. Roadside inspectors typically refrain from
citing a brake adjustment violation until the brake is beyond the
adjustment limit. Further, under the 20 percent rule for brake
violations in the OOS Criteria, roadside inspectors do not remove a CMV
from service unless 20 percent of the vehicle's brakes are out of
adjustment. The Agency believes, however, that it is appropriate to
require motor carriers to take action under the requirements of Sec.
393.47 when a brake is at the adjustment limit. This position is
consistent with findings from a 1995 study concerning the accuracy with
which brake adjustment can be measured \3\ performed by the University
of Michigan Transportation Research Institute for FHWA's Office of
Motor Carrier Safety. To avoid confusion in the enforcement community
and the industry, this NPRM proposes to amend Appendix G to make its
requirements consistent with those of Sec. 393.47(e) adopted in the
August 2005 rule.
---------------------------------------------------------------------------
\3\ ``Evaluation of Brake Adjustment Criteria for Heavy
Trucks,'' FHWA-MC-94-016, March 1995. A copy of the report is in the
docket referenced at the beginning of this notice.
---------------------------------------------------------------------------
VII. Discussion of the Proposed Rule
This NPRM proposes to revise and expand the readjustment-limits
tables as recommended by CVSA, and includes these revised tables in
Sec. 393.47(e) and Appendix G. The revised tables cover readjustment
limits not only for clamp-, bolt-, and rotochamber-type brake chambers
but also for Bendix DD-3 chambers. The table for clamp-type brake
chambers also differentiates between adjustment limits for more sizes
of standard-stroke and long-stroke chambers.
The NPRM also proposes to eliminate the cross-reference to SAE
J1817 in Sec. 393.47(e). Inclusion of the new tables in Sec.
393.47(e) would provide explicit readjustment limits for each type of
actuator, eliminating the need for the cross-reference.
FMCSA notes that the SAE Truck and Bus Brake Actuator Committee has
initiated work on a new SAE Recommended Practice, J2899, which would
describe the physical characteristics of air brake actuators that allow
the correct brake readjustment limits to be determined. The new
recommended practice would also define the maximum readjustment limits
based on the rated stroke and type (size) of the chamber. The committee
voted to develop this new J-specification to identify maximum
readjustment limits independently of SAE J1817 and focus the latter on
actuator long-stroke marking requirements. As the committee noted,
limiting SAE J1817 to the topic defined within its scope will
facilitate maintenance of the standard. This project was initiated in
May 2009, and it is not known when the new recommended practice will be
published.
The proposed rule would adopt CVSA's suggestion to replace the
heading ``Maximum stroke at which brakes should be readjusted'' with
the term ``Brake Adjustment Limit.'' The proposed wording is more
concise and direct.
As discussed in the Agency Analysis section, FMCSA proposes changes
to paragraph 1.a.(5) of Appendix G, ``Brake System, Service Brakes,''
to be consistent with the Sec. 393.47(e) requirement that pushrod
travel be less than the values specified in the accompanying tables.
For actuator types not listed in these tables, the pushrod stroke must
be less than 80 percent of the rated stroke marked on the actuator by
the actuator manufacturer, or less than the readjustment limit marked
on the actuator by the actuator manufacturer.
Lastly, the Agency would revise Sec. 393.53 in response to CVSA's
request. Although the introductory text of each paragraph clearly
states that it is applicable to ``each commercial motor vehicle,''
Sec. 393.53(b) and (c) omit a cross-reference to the FMVSSs applicable
to trailers (S.5.2.2). The proposed rule adds this cross-reference to
eliminate potential confusion.
VIII. Regulatory Analyses
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. FMCSA expects the economic impact of this NPRM to be
minimal. The proposal affects the conditions under which motor carriers
are cited for out-of-adjustment brakes during roadside inspections and
CMVs are placed OOS for such violations. Each brake adjustment
violation cited during a roadside inspection must be addressed
[[Page 54725]]
by the carrier, and each OOS order results in time lost for the carrier
and driver because the vehicle may not be operated until the OOS
defects have been corrected. Consequently, a decrease in OOS orders can
be considered a benefit of these proposed amendments to the
readjustment limits, while any increase in violations and OOS orders
would be a cost. With respect to the safety impact of OOS orders for
brake adjustment violations, more such orders on vehicles with defects
may produce a safety benefit by reducing crashes. Neither the
petitioners nor the Agency, however, are able to estimate whether the
number of brake-adjustment violations resulting from this proposal
would increase or decrease by a significant amount. It should be noted,
however, that FMCSA requires motor carriers to maintain their vehicles
in safe and proper operating condition at all times and to have a
systematic inspection, repair, and maintenance program to avoid
dispatching CMVs with safety defects and deficiencies (see, e.g., 49
CFR 396.3(a)(1) and 398.7). Therefore, the potential costs of this NPRM
relate only to carrying out the maintenance task (e.g., readjusting the
brakes or replacing an inoperable slack adjuster) at the inspection
location rather than at one of the carrier's usual maintenance
locations.
From 2000 to 2009, the annual number of Level I and Level V
roadside inspections of CMVs--the only inspection levels that include
brake stroke measurement--ranged from about 0.94 to 1.25 million, and
the percentage of inspections resulting in the CMV being placed OOS for
brake violations of all kinds ranged from a high of 17 percent to a low
of 12.2 percent. Roughly half of these violations concerned out-of-
adjustment brakes, but the Agency believes that the changes in this
proposal would have relatively little impact on this ratio. By
proposing to: (1) Remove from Sec. 393.47(e) the cross-reference to
the readjustment-limits tables in SAE J1817 and the requirement that
pushrod travel be less than 80 percent of the rated stroke listed in
those tables, (2) incorporate into Sec. 393.47(e) a set of tables
(duplicating those in Appendix G) providing explicit readjustment
limits, and (3) require that pushrod travel be less than the values
specified in those tables, the NPRM would eliminate certain
discrepancies between the brake adjustment values derived using the
``80 percent of rated stroke'' criterion under Sec. 393.47(e) and the
values specified in the SAE J1817 tables. In addition, these changes
would make Sec. 393.47(e) consistent with Appendix G, eliminating
confusion in the enforcement community and the industry.
Although substituting the readjustment-limits tables for the cross-
reference to SAE J1817 in Sec. 393.47(e) would resolve discrepancies
that the cross-reference introduced, these differences are in many
cases quite small. The differences vary according to the type (size) of
brake chamber. Using the ``80 percent of rated stroke'' criterion may
produce a value that is either more stringent or less stringent than
the value specified in SAE J1817. For these reasons, FMCSA anticipates
that certain brake adjustments that comply with the current rule would
be out of compliance with the proposed standard--while the reverse
could just as often be true. On the other hand, the proposed Appendix G
amendment mirroring the proposed Sec. 393.47(e) requirement that
pushrod travel be less than the values specified in the readjustment-
limits tables would have no effect on the rate of OOS violations for
brake adjustment--because roadside inspection procedures do not
reference the readjustment limits in Appendix G.
In summary, although FMCSA is unable to estimate the net economic
and safety impacts of the changes proposed in this NPRM, these impacts
clearly would be minimal.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to determine whether proposed rules could have a
significant economic impact on a substantial number of small entities.
FMCSA estimates that the economic impact of this rule would be minimal.
Consequently, I certify that this proposed action would not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rulemaking does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that will result in the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector, of $141.3
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.
Executive Order 12988 (Civil Justice Reform)
This proposed action meets applicable standards in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
FMCSA analyzed this action under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. The
Agency determined that this rulemaking does not pose an environmental
risk to health or safety that may disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
This rulemaking does not effect a taking of private property or
otherwise have takings implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Executive Order 13132 (Federalism)
A rulemaking has implications for Federalism under Executive Order
13132, Federalism, if it has a substantial direct effect on State or
local governments and would either preempt State law or impose a
substantial direct cost of compliance on them. FMCSA analyzed this
proposed action in accordance with Executive Order 13132. The proposal
would not have a substantial direct effect on States, nor would it
limit the policymaking discretion of States. Nothing in this rulemaking
would preempt any State law or regulation.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this action.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. The Agency determined that no
new information collection requirements are associated with this
proposed rule.
National Environmental Policy Act
FMCSA analyzed this NPRM for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, published
in the Federal Register on March 1, 2004 (69 FR 9680), that this
proposed action does not have any effect on the quality of the
environment.
[[Page 54726]]
Therefore, this NPRM is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1, paragraph 6(bb) of Appendix
2. The Categorical Exclusion under paragraph 6(bb) relates to
``regulations concerning vehicle operation safety standards,'' such as
the amended brake inspection standards proposed in this rulemaking. A
Categorical Exclusion determination is available for inspection or
copying in the Regulations.gov Web site listed under ADDRESSES.
FMCSA also analyzed this proposal under section 176(c) of the Clean
Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
Executive Order 13211 (Energy Effects)
FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that Executive Order because it is
not economically significant and is not likely to have an adverse
effect on the supply, distribution, or use of energy.
List of Subjects in 49 CFR Part 393
Highways and roads, Motor carriers, Motor vehicle equipment, Motor
vehicle safety.
In consideration of the foregoing, FMCSA proposes to amend title
49, Code of Federal Regulations, subchapter B, chapter III, as follows:
PART 393--[AMENDED]
1. The authority citation for part 393 is revised to read as
follows:
Authority: 49 U.S.C. 31136, 31151, and 31502; Sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.
2. In Sec. 393.7, remove paragraph (b)(15) and redesignate
paragraphs (b)(16) through (b)(22) as paragraphs (b)(15) through
(b)(21), respectively.
3. Amend Sec. 393.47 by revising paragraph (e) to read as follows:
Sec. 393.47 Brake actuators, slack adjusters, linings/pads, and
drums/rotors.
* * * * *
(e) Clamp, Bendix DD-3, bolt-type, and rotochamber brake actuator
readjustment limits. The pushrod travel for clamp- and rotochamber-type
actuators must be less than the values specified in the following
tables:
Clamp-Type Brake Chambers
----------------------------------------------------------------------------------------------------------------
Brake adjustment
Type Outside diameter limit: Standard Brake adjustment limit: Long stroke
stroke chamber chamber
----------------------------------------------------------------------------------------------------------------
6................... 4 \1/2\ in. (114 mm)... 1 \1/4\ in. (32 mm). .........................................
9................... 5 \1/4\ in. (133 mm)... 1 \3/8\ in. (35 mm). .........................................
12.................. 5 \11/16\ in. (145 mm). 1 \3/8\ in. (35 mm)... 1 \3/4\ in. (45 mm)
16.................. 6 \3/8\ in. (162 mm)... 1 \3/4\ in. (45 mm)... 2 in. (51 mm)
20.................. 6 \25/32\ in. (172 mm). 1 \3/4\ in. (45 mm)... 2 in. (51 mm)
2 \1/2\ in. (64 mm)*
24.................. 7 \7/32\ in. (184 mm).. 1 \3/4\ in. (45 mm)... 2 in. (51 mm)
2 \1/2\ in. (64 mm)**
30.................. 8 \3/32\ in. (206 mm).. 2 in. (51 mm)......... 2 \1/2\ in. (64 mm)
36.................. 9 in. (229 mm)......... 2 \1/4\ in. (57 mm). .........................................
----------------------------------------------------------------------------------------------------------------
* For type 20 chambers with a 3-inch (76 mm) rated stroke.
** For type 24 chambers with a 3-inch (76 mm) rated stroke.
Bendix DD-3 Brake Chambers
------------------------------------------------------------------------
Type Outside diameter Brake adjustment limit
------------------------------------------------------------------------
30............... 8 \1/8\ in. (206 mm)...... 2 \1/4\ in. (57 mm)
------------------------------------------------------------------------
Bolt-Type Brake Chambers
------------------------------------------------------------------------
Type Outside diameter Brake adjustment limit
------------------------------------------------------------------------
A................ 6 \5/16\ in. (176 mm)..... 1 \3/8\ in. (35 mm)
B................ 9 \3/16\ in. (234 mm)..... 1 \3/4\ in. (45 mm)
C................ 8 \1/16\ in. (205 mm)..... 1 \3/4\ in. (45 mm)
D................ 5 \1/4\ in. (133 mm)...... 1 \1/4\ in. (32 mm)
E................ 6 \3/16\ in. (157 mm)..... 1 \3/8\ in. (35 mm)
F................ 11 in. (279 mm)........... 2 \1/4\ in. (57 mm)
G................ 9 \7/8\ in. (251 mm)...... 2 in. (51 mm)
------------------------------------------------------------------------
Rotochamber-Type Brake Chambers
------------------------------------------------------------------------
Type Outside diameter Brake adjustment limit
------------------------------------------------------------------------
9................ 4 \9/32\ in. (109 mm)..... 1 \1/2\ in. (38 mm)
12............... 4 \13/16\ in. (122 mm).... 1 \1/2\ in. (38 mm)
16............... 5 \13/32\ in. (138 mm).... 2 in. (51 mm)
20............... 5 \15/16\ in. (151 mm).... 2 in. (51 mm)
24............... 6 \13/32\ in. (163 mm).... 2 in. (51 mm)
30............... 7 \1/16\ in. (180 mm)..... 2 \1/4\ in. (57 mm)
36............... 7 \5/8\ in. (194 mm)...... 2 \3/4\ in. (70 mm)
50............... 8 \7/8\ in. (226 mm)...... 3 in. (76 mm)
------------------------------------------------------------------------
For actuator types not listed in these tables, the pushrod stroke
must be less than 80 percent of the rated stroke marked on the actuator
by the actuator manufacturer, or less than the readjustment limit
marked on the actuator by the actuator manufacturer.
* * * * *
4. Amend Sec. 393.53 by revising paragraphs (b) and (c) to read as
follows:
Sec. 393.53 Automatic brake adjusters and brake adjustment
indicators.
* * * * *
(b) Automatic brake adjusters (air brake systems). Each commercial
motor vehicle manufactured on or after October 20, 1994, and equipped
with an air brake system must meet the automatic brake adjustment
system requirements of Federal Motor Vehicle Safety Standard No. 121
(49 CFR 571.121, S5.1.8 or S5.2.2) applicable to the vehicle at the
time it was manufactured.
(c) Brake adjustment indicator (air brake systems). On each
commercial motor vehicle manufactured on or after October 20, 1994, and
equipped with an air brake system which contains an external automatic
adjustment mechanism and an exposed pushrod, the condition of service
brake under-adjustment must be displayed by a brake adjustment
indicator conforming to the requirements of Federal Motor
[[Page 54727]]
Vehicle Safety Standard No. 121 (49 CFR 571.121, S5.1.8 or S5.2.2)
applicable to the vehicle at the time it was manufactured.
5. Amend Appendix G to Subchapter B by revising paragraph (1)(a)(5)
to read as follows:
Appendix G to Subchapter B of Chapter III--Minimum Periodic Inspection
Standards
* * * * *
(1) * * *
(a) * * *
(5) Readjustment limits. The maximum pushrod travel or stroke
must be less than the values given in the tables below and at Sec.
393.47(e). Any brake \1/4\'' or more past the readjustment limit, or
any two brakes less than \1/4\'' past the readjustment limit, will
be rejected. Stroke must be measured with engine off and reservoir
pressure of 80 to 90 psi with brakes fully applied.
Clamp-Type Brake Chambers
------------------------------------------------------------------------
Brake adjustment Brake adjustment
Type Outside diameter limit: Standard limit: Long
stroke chamber stroke chamber
------------------------------------------------------------------------
6.............. 4\1/2\ in. (114 1\1/4\ in. (32 .................
mm). mm).
9.............. 5\1/4\ in. (133 1\3/8\ in. (35 .................
mm). mm).
12............. 5\11/16\ in. (145 1\3/8\ in. (35 1\3/4\ in. (45
mm). mm). mm)
16............. 6\3/8\ in. (162 1\3/4\ in. (45 2 in. (51 mm)
mm). mm).
20............. 6\25/32\ in. (172 1\3/4\ in. (45 2 in. (51 mm);
mm). mm). 2\1/2\ in. (64
mm) *
24............. 7\7/32\ in. (184 1\3/4\ in. (45 2 in. (51 mm);
mm). mm). 2\1/2\ in. (64
mm) **
30............. 8\3/32\ in. (206 2 in. (51 mm).... 2\1/2\ in. (64
mm). mm)
36............. 9 in. (229 mm)... 2 \1/4\ in. (57 .................
mm).
------------------------------------------------------------------------
* For type 20 chambers with a 3-inch (76 mm) rated stroke.
** For type 24 chambers with a 3-inch (76 mm) rated stroke.
Bendix DD-3 Brake Chambers
------------------------------------------------------------------------
Type Outside diameter Brake adjustment limit
------------------------------------------------------------------------
30............... 8\1/8\ in. (206 mm)....... 2\1/4\ in. (57 mm)
------------------------------------------------------------------------
Bolt-Type Brake Chambers
------------------------------------------------------------------------
Type Outside diameter Brake adjustment limit
------------------------------------------------------------------------
A................ 6\5/16\ in. (176 mm)...... 1\3/8\ in. (35 mm)
B................ 9\3/16\ in. (234 mm)...... 1\3/4\ in. (45 mm)
C................ 8\1/16\ in. (205 mm)...... 1\3/4\ in. (45 mm)
D................ 5\1/4\ in. (133 mm)....... 1\1/4\ in. (32 mm)
E................ 6\3/16\ in. (157 mm)...... 1\3/8\ in. (35 mm)
F................ 11 in. (279 mm)........... 2\1/4\ in. (57 mm)
G................ 9\7/8\ in. (251 mm)....... 2 in. (51 mm)
------------------------------------------------------------------------
Rotochamber-Type Brake Chambers
------------------------------------------------------------------------
Type Outside diameter Brake adjustment limit
------------------------------------------------------------------------
9................ 4\9/32\ in. (109 mm)...... 1\1/2\ in. (38 mm)
12............... 4\13/16\ in. (122 mm)..... 1\1/2\ in. (38 mm)
16............... 5\13/32\ in. (138 mm)..... 2 in. (51 mm)
20............... 5\15/16\ in. (151 mm)..... 2 in. (51 mm)
24............... 6\13/32\ in. (163 mm)..... 2 in. (51 mm)
30............... 7\1/16\ in. (180 mm)...... 2\1/4\ in. (57 mm)
36............... 7\5/8\ in. (194 mm)....... 2\3/4\ in. (70 mm)
50............... 8\7/8\ in. (226 mm)....... 3 in. (76 mm)
------------------------------------------------------------------------
For actuator types not listed in these tables, the pushrod
stroke must be less than 80 percent of the rated stroke marked on
the actuator by the actuator manufacturer, or less than the
readjustment limit marked on the actuator by the actuator
manufacturer.
* * * * *
Anne S. Ferro,
Administrator.
[FR Doc. 2011-22478 Filed 9-1-11; 8:45 am]
BILLING CODE 4910-EX-P
