Spartan Motors USA, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance, 31569-31571 [2021-12339]

Download as PDF 31569 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices action may have on U.S. vessel builders or businesses in the U.S. that use U.S.flag vessels. Information about the requestor’s vessel, including a brief description of the proposed service, is listed below. DATES: Submit comments on or before July 14, 2021. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2021–0006 by any one of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Search MARAD–2021–0006 and follow the instructions for submitting comments. • Mail or Hand Delivery: Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is: U.S. Department of Transportation, MARAD–2021–0006, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. Note: If you mail or hand-deliver your comments, we recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. Instructions: All submissions received must include the agency name and specific docket number. All comments received will be posted without change to the docket at www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments, see the section entitled Public Participation. FOR FURTHER INFORMATION CONTACT: James Mead, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–459, Washington, DC 20590. Telephone 202– 366–5723, Email James.Mead@dot.gov. SUPPLEMENTARY INFORMATION: As described in the application, the intended service of the vessel SHEARWATER is: —Intended Commercial Use of Vessel: ‘‘Passenger max 6 guests San Francisco Bay private sailing charters.’’ —Geographic Region Including Base of Operations: ‘‘California.’’ (Base of Operations: San Francisco, CA). —Vessel Length and Type: 36′ Sailing vessel. The complete application is available for review identified in the DOT docket VerDate Sep<11>2014 17:26 Jun 11, 2021 Jkt 253001 as MARAD 2021–0006 at http:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the employment of the vessel in the coastwise trade to carry no more than 12 passengers will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, MARAD will not issue an approval of the vessel’s coastwise endorsement eligibility. Comments should refer to the vessel name, state the commenter’s interest in the application, and address the eligibility criteria given in section 388.4 of MARAD’s regulations at 46 CFR part 388. Public Participation How do I submit comments? Please submit your comments, including the attachments, following the instructions provided under the above heading entitled ADDRESSES. Be advised that it may take a few hours or even days for your comment to be reflected on the docket. In addition, your comments must be written in English. We encourage you to provide concise comments and you may attach additional documents as necessary. There is no limit on the length of the attachments. Where do I go to read public comments, and find supporting information? Go to the docket online at http:// www.regulations.gov, keyword search MARAD–2021–0006 or visit the Docket Management Facility (see ADDRESSES for hours of operation). We recommend that you periodically check the Docket for new submissions and supporting material. Will my comments be made available to the public? Yes. Be aware that your entire comment, including your personal identifying information, will be made publicly available. May I submit comments confidentially? If you wish to submit comments under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Department of Transportation, Maritime Administration, Office of Legislation and Regulations, MAR–225, W24–220, 1200 New Jersey Avenue SE, Washington, DC 20590. Include a cover letter setting forth with specificity the PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 basis for any such claim and, if possible, a summary of your submission that can be made available to the public. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL–14 FDMS, accessible through www.dot.gov/privacy. To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) * * * * * By Order of the Acting Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2021–12400 Filed 6–11–21; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2021–0026; Notice 1] Spartan Motors USA, Inc., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Spartan Motors USA, Inc. (Spartan), has determined that certain model year (MY) 2005 2012;2020 Spartan Diamond, Gladiator, and MetroStar emergency response vehicles do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. Spartan filed an original noncompliance report dated November 4, 2019, and later amended it on November 11, 2019. Subsequently, Spartan petitioned NHTSA on December 2, 2019, for a decision that the subject noncompliance is inconsequential as it relates to motor vehicle safety. This notice announces receipt of Spartan’s petition. SUMMARY: E:\FR\FM\14JNN1.SGM 14JNN1 31570 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices Send comments on or before July 14, 2021. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited in the title of this notice and submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE, Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting materials submitted to the docket may be viewed by anyone at the address and times given above. The documents may also be viewed on the internet at https:// lotter on DSK11XQN23PROD with NOTICES1 DATES: VerDate Sep<11>2014 17:26 Jun 11, 2021 Jkt 253001 www.regulations.gov by following the online instructions for accessing the docket. The docket ID number for this petition is shown in the heading of this notice. DOT’s complete Privacy Act Statement is available for review in a Federal Register notice published on April 11, 2000 (65 FR 19477 2012;78). FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Safety Compliance Engineer, NHTSA, Office of Vehicle Safety Compliance, (202) 366–7236. SUPPLEMENTARY INFORMATION: I. Overview Spartan has determined that certain MY 2005 2012;2020 Spartan Diamond, Gladiator, and MetroStar emergency response vehicles do not fully comply with the requirements of paragraph S5.1.2.1 of FMVSS No. 121, Air Brake Systems (49 CFR 571.121). Spartan filed an original noncompliance report dated November 4, 2019, and later amended it on November 11, 2019, pursuant to 49 CFR part 573, Defect and Noncompliance Responsibility and Reports. In the November 11, 2019 noncompliance report, Spartan indicated that the vehicles at issue had air reservoirs with a capacity of 2,068 cubic inches without describing how this capacity was insufficient to meet the requirements of S5.1.2.1 of FMVSS No. 121. Spartan subsequently petitioned NHTSA on December 2, 2019, for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential as it relates to motor vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for Inconsequential Defect or Noncompliance. This notice of receipt of Spartan’s petition is published under 49 U.S.C. 30118 and 30120 and does not represent any Agency decision or other exercise of judgment concerning the merits of the petition. II. Vehicles Involved Approximately 3,583 MY 2005–2020 Spartan Diamond, Gladiator, and MetroStar emergency response vehicles, manufactured between October 18, 2004, and October 1, 2019, are potentially involved. III. Noncompliance Spartan described the noncompliance as combined volume of air in the service and supply reservoirs in the air brake system does not meet the required minimum of twelve times the combined volume of air from all service brake PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 chambers as in paragraph S5.1.2.1 of FMVSS No. 121. IV. Rule Requirements Paragraph S5.1.2.1 of FMVSS No. 121 includes the requirements relevant to this petition. The combined volume of all service reservoirs and supply reservoirs shall be at least 12 times the combined volume of all service brake chambers. V. Summary of Spartan’s Petition The following views and arguments presented in this section, ‘‘V. Summary of Spartan’s Petition,’’ are the views and arguments provided by Spartan. They have not been evaluated by the Agency and do not reflect the views of the Agency. Spartan describes the subject noncompliance and contends that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Spartan submitted the following reasoning: 1. There are 3,227 chassis cabs affected by this condition, which are equipped with T–30 brake chambers on the steer axle and T–30 brake chambers on the drive axle. In using the values in Table V of FMVSS No. 121, the cumulative air capacity of these brake chambers would be 356 cu. in. Multiplying by 12, the needed air reservoir capacity would be 4,272 cu. in. The actual air reservoir capacity on these vehicles is 4,152 cu. in. There are 356 chassis cabs affected by this condition, which are equipped with T–30 brake chambers on the steer axle, T–30 brake chambers on the drive axle, and T–30 brake chambers on the tandem axle. In using the values in Table V of FMVSS No. 121, the cumulative air capacity of these brake chambers would be 534 cu. in. Multiplying by 12, the needed air reservoir capacity would be 6,408 cu. in. The actual air reservoir capacity on these vehicles is 6,236 cu. in. 2. Air Compressor Cut-In Pressure: In paragraph S5.1.1 of FMVSS No. 121, the vehicle is to be equipped with an air compressor of sufficient capacity to increase air pressure in the supply and service reservoirs from 85 psi to 100 psi when the engine is operating at the vehicle manufacturer’s maximum recommend rpm within a time, in seconds, determined by the quotient ((Actual reservoir capacity × 25)/ Required reservoir capacity). In using this equation, in vehicles subject to the noncompliance, the air pressure would be required to go from 85 psi to 100 psi within 24.14 seconds ((4152*25)/4272). Using the same equation and the required air reservoir capacity of 4,272 cu. in., the air pressure would need to E:\FR\FM\14JNN1.SGM 14JNN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices increase from 85 psi to 100 psi within 25 seconds. Vehicles subject to the condition that has resulted in the noncompliance to paragraph S5.1.2.1 could increase air pressure from 85 psi to 100 psi in less than 6 seconds, well within the requirement of 24.14 seconds. Further, vehicles subject to this condition have a cut in pressure set at, or greater than, the minimum requirement of 100 psi. The impact of having 2.7% to 2.8% less air reservoir capacity than required, the difference in the cut in pressure requirement of only 1 second, would appear to have an adverse consequence of a slight increase in air compressor cycling. However, this would be dependent on application of the service brakes. 3. Emergency Vehicle Duty Cycle: The vocational duty cycle of a fire apparatus requires the emergency vehicle to respond to emergency situations that are predominantly short distances away, notwithstanding trips to a dealer or service provider. The number of times will vary between fire departments; however, the duty cycle for a fire apparatus is intermittent when compared to an over-the-road vehicle. While the braking applications in these short distances may be frequent, the air compressor would be able to maintain adequate air pressure in the air reservoir system. With the minimal lowered capacity, with the slightly less than a 1 second difference in filling the air reservoir system, the slightly lower than required capacity would likely not be noticeable to the driver. 4. Vocational Requirements: The National Fire Protection Association (NFPA) promulgates a vocational standard that defines requirements specific to the vocational aspect of the emergency vehicle. Within NFPA 1901 Standard for Automotive Fire Apparatus (NFPA 1901), emergency vehicles subject to the requirements of the standard are required to be equipped with a quick build up section in the air reservoir system so that if the vehicle has a completely discharged air system, the apparatus would be able to be moved within 60 seconds. For those emergency vehicles that cannot be equipped with the quick build up section, they are required to be equipped with an on-board automatic electric compressor or shoreline hook up. Additionally, NFPA 1901 requires all vehicles that have a gross vehicle weight rating (GVWR) greater than 36,000 pounds be equipped with an auxiliary braking system. This may be, depending on the option of the purchaser, a transmission retarder, an inline retarder, VerDate Sep<11>2014 17:26 Jun 11, 2021 Jkt 253001 or exhaust restriction device. All but 16 vehicles subject to this noncompliance have a GVWR of more than 36,000 pounds. 5. Air System Warning: The completed emergency vehicles subject to this condition are equipped with two air gauges that monitor the air system pressure in both System 1 and System 2. In addition to the air gauges, there are both a warning light and audible alarm to alert the driver of a low air condition. 6. Conclusion: The actual air reservoir capacity in the affected emergency response chassis cabs and emergency vehicles may be between 2.7% and 2.8% less than the calculated required amount. However, due to the duty cycle of an emergency vehicle, the vocational requirements, and the air compressor cycling that is well within the required time using the equation from FMVSS No. 121, Spartan believes the noncompliance is inconsequential to motor vehicle safety. The less-thanrequired capacity does not appear to impact vehicle braking performance (e.g., stopping distance, brake application, and release timing). The completed vehicles are equipped with dual air gauges and a visual and audible warning system to alert the driver to a loss of air in the air brake system. Spartan concludes that the subject noncompliance is inconsequential as it relates to motor vehicle safety and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that Spartan no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Spartan notified them that the subject noncompliance existed. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 31571 Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8. Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2021–12339 Filed 6–11–21; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2021–0019] Pipeline Safety: Request for Special Permit; Tennessee Gas Pipeline Company, LLC Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice. AGENCY: PHMSA is publishing this notice to solicit public comments on a request for special permit received from the Tennessee Gas Pipeline Company, LLC (TGP). The special permit request is seeking relief from compliance with certain requirements in the Federal pipeline safety regulations. At the conclusion of the 30-day comment period, PHMSA will review the comments received from this notice as part of its evaluation to grant or deny the special permit request. DATES: Submit any comments regarding this special permit request by July 14, 2021. SUMMARY: Comments should reference the docket number for this special permit request and may be submitted in the following ways: • E-Gov Website: http:// www.Regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. • Fax: 1–202–493–2251. • Mail: Docket Management System: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Docket Management System: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: You should identify the docket number for the special permit request you are commenting on at the beginning of your comments. If you ADDRESSES: E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31569-31571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12339]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0026; Notice 1]


Spartan Motors USA, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Receipt of petition.

-----------------------------------------------------------------------

SUMMARY: Spartan Motors USA, Inc. (Spartan), has determined that 
certain model year (MY) 2005 2012;2020 Spartan Diamond, Gladiator, and 
MetroStar emergency response vehicles do not fully comply with Federal 
Motor Vehicle Safety Standard (FMVSS) No. 121, Air Brake Systems. 
Spartan filed an original noncompliance report dated November 4, 2019, 
and later amended it on November 11, 2019. Subsequently, Spartan 
petitioned NHTSA on December 2, 2019, for a decision that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety. 
This notice announces receipt of Spartan's petition.

[[Page 31570]]


DATES: Send comments on or before July 14, 2021.

ADDRESSES: Interested persons are invited to submit written data, 
views, and arguments on this petition. Comments must refer to the 
docket and notice number cited in the title of this notice and 
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.
     Hand Delivery: Deliver comments by hand to the U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE, Washington, DC 
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. 
except for Federal holidays.
     Electronically: Submit comments electronically by logging 
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting 
comments.
     Comments may also be faxed to (202) 493-2251.
    Comments must be written in the English language and be no greater 
than 15 pages in length, although there is no limit to the length of 
necessary attachments to the comments. If comments are submitted in 
hard copy form, please ensure that two copies are provided. If you wish 
to receive confirmation that comments you have submitted by mail were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    All comments and supporting materials received before the close of 
business on the closing date indicated above will be filed in the 
docket and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will 
also be published in the Federal Register pursuant to the authority 
indicated at the end of this notice.
    All comments, background documentation, and supporting materials 
submitted to the docket may be viewed by anyone at the address and 
times given above. The documents may also be viewed on the internet at 
https://www.regulations.gov by following the online instructions for 
accessing the docket. The docket ID number for this petition is shown 
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a 
Federal Register notice published on April 11, 2000 (65 FR 19477 
2012;78).

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Safety Compliance 
Engineer, NHTSA, Office of Vehicle Safety Compliance, (202) 366-7236.

SUPPLEMENTARY INFORMATION:

I. Overview

    Spartan has determined that certain MY 2005 2012;2020 Spartan 
Diamond, Gladiator, and MetroStar emergency response vehicles do not 
fully comply with the requirements of paragraph S5.1.2.1 of FMVSS No. 
121, Air Brake Systems (49 CFR 571.121). Spartan filed an original 
noncompliance report dated November 4, 2019, and later amended it on 
November 11, 2019, pursuant to 49 CFR part 573, Defect and 
Noncompliance Responsibility and Reports. In the November 11, 2019 
noncompliance report, Spartan indicated that the vehicles at issue had 
air reservoirs with a capacity of 2,068 cubic inches without describing 
how this capacity was insufficient to meet the requirements of S5.1.2.1 
of FMVSS No. 121. Spartan subsequently petitioned NHTSA on December 2, 
2019, for an exemption from the notification and remedy requirements of 
49 U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential as it relates to motor vehicle safety, pursuant to 49 
U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, Exemption for 
Inconsequential Defect or Noncompliance.
    This notice of receipt of Spartan's petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any Agency decision or 
other exercise of judgment concerning the merits of the petition.

II. Vehicles Involved

    Approximately 3,583 MY 2005-2020 Spartan Diamond, Gladiator, and 
MetroStar emergency response vehicles, manufactured between October 18, 
2004, and October 1, 2019, are potentially involved.

III. Noncompliance

    Spartan described the noncompliance as combined volume of air in 
the service and supply reservoirs in the air brake system does not meet 
the required minimum of twelve times the combined volume of air from 
all service brake chambers as in paragraph S5.1.2.1 of FMVSS No. 121.

IV. Rule Requirements

    Paragraph S5.1.2.1 of FMVSS No. 121 includes the requirements 
relevant to this petition. The combined volume of all service 
reservoirs and supply reservoirs shall be at least 12 times the 
combined volume of all service brake chambers.

V. Summary of Spartan's Petition

    The following views and arguments presented in this section, ``V. 
Summary of Spartan's Petition,'' are the views and arguments provided 
by Spartan. They have not been evaluated by the Agency and do not 
reflect the views of the Agency. Spartan describes the subject 
noncompliance and contends that the noncompliance is inconsequential as 
it relates to motor vehicle safety.
    In support of its petition, Spartan submitted the following 
reasoning:
    1. There are 3,227 chassis cabs affected by this condition, which 
are equipped with T-30 brake chambers on the steer axle and T-30 brake 
chambers on the drive axle. In using the values in Table V of FMVSS No. 
121, the cumulative air capacity of these brake chambers would be 356 
cu. in. Multiplying by 12, the needed air reservoir capacity would be 
4,272 cu. in. The actual air reservoir capacity on these vehicles is 
4,152 cu. in.
    There are 356 chassis cabs affected by this condition, which are 
equipped with T-30 brake chambers on the steer axle, T-30 brake 
chambers on the drive axle, and T-30 brake chambers on the tandem axle. 
In using the values in Table V of FMVSS No. 121, the cumulative air 
capacity of these brake chambers would be 534 cu. in. Multiplying by 
12, the needed air reservoir capacity would be 6,408 cu. in. The actual 
air reservoir capacity on these vehicles is 6,236 cu. in.
    2. Air Compressor Cut-In Pressure: In paragraph S5.1.1 of FMVSS No. 
121, the vehicle is to be equipped with an air compressor of sufficient 
capacity to increase air pressure in the supply and service reservoirs 
from 85 psi to 100 psi when the engine is operating at the vehicle 
manufacturer's maximum recommend rpm within a time, in seconds, 
determined by the quotient ((Actual reservoir capacity x 25)/Required 
reservoir capacity). In using this equation, in vehicles subject to the 
noncompliance, the air pressure would be required to go from 85 psi to 
100 psi within 24.14 seconds ((4152*25)/4272). Using the same equation 
and the required air reservoir capacity of 4,272 cu. in., the air 
pressure would need to

[[Page 31571]]

increase from 85 psi to 100 psi within 25 seconds. Vehicles subject to 
the condition that has resulted in the noncompliance to paragraph 
S5.1.2.1 could increase air pressure from 85 psi to 100 psi in less 
than 6 seconds, well within the requirement of 24.14 seconds. Further, 
vehicles subject to this condition have a cut in pressure set at, or 
greater than, the minimum requirement of 100 psi.
    The impact of having 2.7% to 2.8% less air reservoir capacity than 
required, the difference in the cut in pressure requirement of only 1 
second, would appear to have an adverse consequence of a slight 
increase in air compressor cycling. However, this would be dependent on 
application of the service brakes.
    3. Emergency Vehicle Duty Cycle: The vocational duty cycle of a 
fire apparatus requires the emergency vehicle to respond to emergency 
situations that are predominantly short distances away, notwithstanding 
trips to a dealer or service provider. The number of times will vary 
between fire departments; however, the duty cycle for a fire apparatus 
is intermittent when compared to an over-the-road vehicle. While the 
braking applications in these short distances may be frequent, the air 
compressor would be able to maintain adequate air pressure in the air 
reservoir system. With the minimal lowered capacity, with the slightly 
less than a 1 second difference in filling the air reservoir system, 
the slightly lower than required capacity would likely not be 
noticeable to the driver.
    4. Vocational Requirements: The National Fire Protection 
Association (NFPA) promulgates a vocational standard that defines 
requirements specific to the vocational aspect of the emergency 
vehicle. Within NFPA 1901 Standard for Automotive Fire Apparatus (NFPA 
1901), emergency vehicles subject to the requirements of the standard 
are required to be equipped with a quick build up section in the air 
reservoir system so that if the vehicle has a completely discharged air 
system, the apparatus would be able to be moved within 60 seconds. For 
those emergency vehicles that cannot be equipped with the quick build 
up section, they are required to be equipped with an on-board automatic 
electric compressor or shoreline hook up.
    Additionally, NFPA 1901 requires all vehicles that have a gross 
vehicle weight rating (GVWR) greater than 36,000 pounds be equipped 
with an auxiliary braking system. This may be, depending on the option 
of the purchaser, a transmission retarder, an inline retarder, or 
exhaust restriction device. All but 16 vehicles subject to this 
noncompliance have a GVWR of more than 36,000 pounds.
    5. Air System Warning: The completed emergency vehicles subject to 
this condition are equipped with two air gauges that monitor the air 
system pressure in both System 1 and System 2. In addition to the air 
gauges, there are both a warning light and audible alarm to alert the 
driver of a low air condition.
    6. Conclusion: The actual air reservoir capacity in the affected 
emergency response chassis cabs and emergency vehicles may be between 
2.7% and 2.8% less than the calculated required amount. However, due to 
the duty cycle of an emergency vehicle, the vocational requirements, 
and the air compressor cycling that is well within the required time 
using the equation from FMVSS No. 121, Spartan believes the 
noncompliance is inconsequential to motor vehicle safety. The less-
than-required capacity does not appear to impact vehicle braking 
performance (e.g., stopping distance, brake application, and release 
timing). The completed vehicles are equipped with dual air gauges and a 
visual and audible warning system to alert the driver to a loss of air 
in the air brake system.
    Spartan concludes that the subject noncompliance is inconsequential 
as it relates to motor vehicle safety and that its petition to be 
exempted from providing notification of the noncompliance, as required 
by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 
49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, any decision on 
this petition only applies to the subject vehicles that Spartan no 
longer controlled at the time it determined that the noncompliance 
existed. However, any decision on this petition does not relieve 
vehicle distributors and dealers of the prohibitions on the sale, offer 
for sale, or introduction or delivery for introduction into interstate 
commerce of the noncompliant vehicles under their control after Spartan 
notified them that the subject noncompliance existed.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-12339 Filed 6-11-21; 8:45 am]
BILLING CODE 4910-59-P