82_FR_50297 82 FR 50089 - Motor Vehicle Safety Standards; Electronic Stability Control Systems for Heavy Vehicles

82 FR 50089 - Motor Vehicle Safety Standards; Electronic Stability Control Systems for Heavy Vehicles

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 82, Issue 208 (October 30, 2017)

Page Range50089-50093
FR Document2017-23531

This final rule addresses a petition for reconsideration of the final rule for FMVSS No. 136, Electronic stability control systems for heavy vehicles. The petitioner, Truck and Engine Manufacturers Association (EMA), requested that NHTSA amend the test conditions for the agency's performance test by allowing a larger lane width for long wheelbase truck tractors. After a careful technical review of the petition and the issues raised by the petitioner, the agency has decided to grant the petition because there is sufficient evidence to indicate that a larger lane width is needed for testing of long wheelbase truck tractors.

Federal Register, Volume 82 Issue 208 (Monday, October 30, 2017) 
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Rules and Regulations]
[Pages 50089-50093]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23531]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2015-0056]
RIN 2127-AL78


Motor Vehicle Safety Standards; Electronic Stability Control 
Systems for Heavy Vehicles

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

ACTION: Final rule; response to petition for reconsideration.

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SUMMARY: This final rule addresses a petition for reconsideration of 
the final rule for FMVSS No. 136, Electronic stability control systems 
for heavy vehicles. The petitioner, Truck and Engine Manufacturers 
Association (EMA), requested that NHTSA amend the test conditions for 
the agency's performance test by allowing a larger lane width for long 
wheelbase truck tractors. After a careful technical review of the 
petition and the issues raised by the petitioner, the agency has 
decided to grant the petition because there is sufficient evidence to 
indicate that a larger lane width is needed for testing of long 
wheelbase truck tractors.

DATES: The effective date of this final rule is November 29, 2017.
    Petitions for reconsideration: Petitions for reconsideration of 
this final rule must be received not later than December 14, 2017.

ADDRESSES: Petitions for reconsideration of this final rule must refer 
to the docket and notice number set forth above and be submitted to the 
Administrator, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact

[[Page 50090]]

Patrick Hallan, Office of Crash Avoidance Standards, by telephone at 
(202) 366-9146, and by fax at (202) 493-2990. For legal issues, you may 
contact David Jasinski, Office of the Chief Counsel, by telephone at 
(202) 366-2992, and by fax at (202) 366-3820. You may send mail to both 
of these officials at the National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

I. FMVSS No. 136 and J-Turn Test Maneuver

    On June 23, 2015, NHTSA published a final rule establishing Federal 
Motor Vehicle Safety Standard (FMVSS) No. 136, Electronic stability 
control systems for heavy vehicles, requiring electronic stability 
control (ESC) systems on truck tractors and certain buses with a gross 
vehicle weight rating greater than 11,793 kilograms (26,000 pounds).\1\ 
ESC systems in truck tractors and large buses are designed to reduce 
untripped rollovers and mitigate severe understeer or oversteer 
conditions that lead to loss of control using automatic computer-
controlled braking and reducing engine torque output.
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    \1\ 80 FR 36049.
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    To test the performance of ESC systems, NHTSA included a 150-foot 
radius J-turn test maneuver. The test course for the test maneuver is 
shown in Figure 1. This maneuver involves accelerating to a constant 
speed on a straight stretch of high-friction track before entering into 
a 150-foot radius curve. After entering the curve, the driver attempts 
to maintain the lane. At a speed that is up to 1.3 times the lowest 
entrance speed at which the ESC system activates, but no less than 48.3 
km/h (30 mph), an ESC system must activate the vehicle's service brakes 
to slow the vehicle to 46.7 km/h (29 mph) within 3 seconds after 
entering the curve and 45.1 km/h (28 mph) within 4 seconds after 
entering the curve. The test vehicle must also remain within the lane.
[GRAPHIC] [TIFF OMITTED] TR30OC17.002

    For truck tractors, the lane width is 3.7 meters (12 feet) for both 
the straight section and the curved section of the course. However, 
after testing large buses, the agency determined that large buses 
require additional lane width on the curved section of the course 
because buses have longer wheelbases, which make it substantially more 
difficult to maintain a narrower lane within the curve. During testing 
of buses on a 3.7 meter (12 foot) width lane, the bus could not 
maintain the lane because of the geometry of the vehicle, not because 
of lack of stability. NHTSA determined that 4.3 meters (14 feet) was an 
appropriate lane width for testing large buses.
    As described in the final rule, the nature of the J-turn test 
provides two criteria for ensuring vehicle responsiveness: Maintaining 
the lane within the fixed radius curve and a minimum test speed. These 
criteria for vehicle responsiveness are needed because there is a 
possibility of a manufacturer designing a vehicle that

[[Page 50091]]

responds poorly to the operator's speed and steering inputs, which 
would mask the actual performance of the ESC system.
    The first responsiveness criterion is the requirement that the 
vehicle maintain the lane during at least six of eight runs in the roll 
stability performance test series or at least two of four runs in the 
engine torque reduction test. This requirement ensures that, during J-
turn test runs at increasing speeds, the ESC system activates before 
the vehicle becomes unstable. We allowed multiple test runs, instead of 
a single test run, to account for driver variability and possible 
driver error in conducting the maneuver. Absent driver error, we do not 
expect any vehicle equipped with a properly functioning ESC system to 
exceed the lane width during any of the tests using the J-turn 
maneuver.
    The other responsiveness criterion in the final rule is the minimum 
vehicle entry speed, which is 48 km/h (30 mph) for the roll performance 
test. The reason for this requirement is to discourage a manufacturer 
from designing a system that unnecessarily intervenes at very low 
speeds, thus artificially decreasing the speed at which the vehicle 
will enter the curve during the roll performance test.

II. EMA Petition

    On August 7, 2015, the Truck and Engine Manufacturers Association 
(EMA) submitted a petition to NHTSA, pursuant to 49 CFR 553.35, 
requesting that the agency reconsider its June 2015 final rule 
establishing FMVSS No. 136. EMA is a trade association representing 
manufacturers of commercial motor vehicles, including medium- and 
heavy-duty truck tractors. EMA's petition indicated that the 3.7 meter 
(12 foot) lane width used in the FMVSS No. 136 test procedure presents 
difficulty in successfully completing the J-turn test for a small 
subset of truck tractors to achieve certification. According to EMA, 
long wheelbase truck tractors, such as specialty tractors and severe 
service tractors, cannot navigate the curve of the test course for the 
J-turn test maneuver because the radius paths of the trucks are 
dimensionally too large. This physical limitation does not allow the 
rear wheels to stay inside the 12-foot-wide lane. The petitioner states 
that this issue only affects certain long wheelbase truck tractors, 
which make up about one percent of the annual sales of the new truck 
tractor market.
    EMA asserted that the curved section of the 12-foot-wide lane is 
too narrow, and therefore, it is impracticable for the testing of a 
long wheelbase truck tractor with a wheelbase equal to or greater than 
7112 millimeters (280 inches). EMA stated that it was challenging for 
the drivers of tractors with wheelbases larger than 280 inches to 
complete the maneuver in the 12-foot-wide lane, because there was not 
an adequate margin of physical space to account for test variability. 
EMA listed factors that contribute to the variability of its test 
results which included: (i) The length of the tractor's wheelbase, (ii) 
the experience level of the test driver, (iii) whether the maneuver is 
conducted in the clockwise or counter-clockwise direction, and (iv) 
other vehicle attributes such as steering system, suspensions, axles, 
and tires. EMA has shown that there are dimensional limitations for 
certain long wheelbase truck tractors to conduct the J-turn test 
maneuver within 12-foot-wide lane and a larger lane width is needed to 
adequately test the ESC systems.
    In support of the petition for reconsideration, on June 30, 2016, 
EMA submitted data from testing and computer simulations indicating 
that a lane width of 4.3 meters (14 feet) was necessary for these long 
wheelbase truck tractors. EMA tested three truck tractors with three 
test drivers of varying degrees of experience in conducting the J-turn 
maneuver in both directions (clockwise and counterclockwise). EMA also 
performed computer simulations on three example tractors to do a static 
analysis showing the clearance of the truck tractor within the lane. 
Based on engineering recommendations from all of the major heavy-duty 
tractor manufacturers using the results of the computer simulations and 
the vehicle testing, EMA requests that truck tractors with a wheelbase 
equal to or greater than 7112 mm (280 inches) be conducted on a J-turn 
test course with a lane width of 4.3 meters (14 feet).

III. Agency Decision

    Pursuant to the process established under 49 CFR 553.37, after 
carefully considering all aspects of the petition and its subsequent 
data submission, the agency has decided to grant the petition without 
further proceedings. EMA's vehicle testing and computer simulation data 
support its position that truck tractors with a wheelbase equal to or 
greater than 7112 millimeters (280 inches) should be conducted on a 
test course with a wider lane, and we believe the suggested width of 
4.3 meters (14 feet) is appropriate. The agency had made similar 
provisions for large buses by allowing a 14-foot-wide lane after first 
considering a 12-foot-wide lane.\2\ During bus testing, NHTSA observed 
a decrease in clearance between a vehicle and the lane boundaries as 
wheelbase length increases. EMA's submission further reinforces this 
work and applies it to truck tractors. NHTSA agrees that there are 
dimensional limitations for long wheelbase vehicles that potentially 
make it impractical to conduct the J-turn test maneuver within 12-foot-
wide lane, and a larger lane width is needed to adequately test the ESC 
systems.
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    \2\ See Stability Control System Test Track Research with a 2014 
Prevost X3-45 Passenger Motorcoach, Docket No. NHTSA-2012-0065-0063.
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    In order to ensure that the J-turn test maneuver tests the ESC 
system and not a test driver's ability to maintain a narrow lane, NHTSA 
will adopt EMA's suggested 4.3 meter (14 foot) lane width for testing 
longer wheelbase truck tractors. Despite the increased lane width 
requirement for these long wheelbase truck tractors, NHTSA is confident 
that the ESC systems in these long wheelbase truck tractors will be 
adequately tested for minimum performance using the J-turn test 
maneuver because the driver must maintain the lane within the same 
fixed radius curve and travel at the same minimum test speed as all 
other truck tractors.
    This change requires two clarifications. First, as with buses, the 
wider lane is used only in the curved section of the test course. The 
lane width of the straight section will remain 3.7 meters (12 feet). 
The dimensional considerations that require a wider lane width for long 
wheelbase vehicles do not apply to straight sections of the test 
course.
    Second, NHTSA is clarifying the definition of wheelbase by 
including the definition in the regulatory text. For two-axle vehicles, 
the wheelbase is generally clear--the distance between the center of 
the front axle and the center of the rear axle. Moreover, for typical 
6x4 truck tractors, which have tandem rear axles, we believe the 
definition of wheelbase is also clear--the distance between the center 
of the front axle and the center of the rear tandem axles. However, to 
clarify wheelbase for all vehicles, including those with liftable axles 
or tag axles, NHTSA is specifying that the wheelbase is the 
longitudinal distance between the center of the front axle and the 
center of the rear axle. For vehicles with tandem axles, the center of 
the axle is considered to be the midpoint between the centers of the 
most forward and most rearward of the tandem axles, measured with any 
liftable axles down.

[[Page 50092]]

This definition is designed to directly reflect the geometrical 
concerns raised in the petition. Because all testing is done with any 
liftable axles in the lowered position, the wheelbase will be measured 
with liftable axles down so the wheelbase measurement accurately 
reflects the turning radius of the truck tractor. The term ``tandem 
axle'' is defined as it is in FMVSS Nos. 105 and 121 as a group or set 
of two or more axles placed in close arrangement, one behind the other, 
with the centerlines of adjacent axles not more than 72 inches apart.

IV. Rulemaking Analyses and Notices

A. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    The agency has considered the impact of this rulemaking action 
under Executive Orders 12866 and 13563 and the DOT's regulatory 
policies and procedures. This action was not reviewed by the Office of 
Management and Budget under Executive Order 12866. The agency has 
considered the impact of this action under the Department of 
Transportation's regulatory policies and procedures (44 FR 11034; 
February 26, 1979), and has determined that it is not ``significant'' 
under them.
    This action addresses a petition for reconsideration of the June 
2015 final rule requiring ESC on truck tractors and certain large 
buses. However, the petition only addresses one test condition 
applicable to approximately one percent of truck tractors. This final 
rule amends the standard to allow long wheelbase truck tractors to be 
tested in a wider lane to account for the geometry of a turning vehicle 
and to ensure that the J-turn remains a test of the vehicle's stability 
and not the test driver. This final rule imposes no costs and adjusts 
FMVSS No. 136 to give more flexibility to manufacturers testing long 
wheelbase trucks. This action will not have any safety impacts.

B. Executive Order 13771

    Executive Order 13771 titled ``Reducing Regulation and Controlling 
Regulatory Costs,'' directs that, unless prohibited by law, whenever an 
executive department or agency publicly proposes for notice and comment 
or otherwise promulgates a new regulation, it shall identify at least 
two existing regulations to be repealed. In addition, any new 
incremental costs associated with new regulations shall, to the extent 
permitted by law, be offset by the elimination of existing costs. Only 
those rules deemed significant under section 3(f) of Executive Order 
12866, ``Regulatory Planning and Review,'' are subject to these 
requirements. As discussed above, this rule is not a significant rule 
under Executive Order 12866 and, accordingly, is not subject to the 
offset requirements of Executive Order 13771.
    NHTSA has determined that this rulemaking is a deregulatory action 
under Executive Order 13771, as it imposes no costs and, instead, 
amends FMVSS No. 136 to give more flexibility to manufacturers of long 
wheelbase truck tractors by allowing a wider lane in the test course. 
Although NHTSA was not able to quantify any cost savings for this rule, 
in adopting an optional wider lane width for the testing of long 
wheelbase truck tractors, this final rule adjusts the standard to 
accommodate the larger physical size of certain truck tractors and 
improves the efficiency of testing. This issue only affects long 
wheelbase truck tractors, which make up about one percent of the annual 
sales of truck tractors. The optional wider lane width will remove the 
difficulties cited by the petitioner associated with navigating the 
test course for long wheelbase truck tractors under the current test 
conditions in the standard.

C. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
The Small Business Administration's regulations at 13 CFR part 121 
define a small business, in part, as a business entity ``which operates 
primarily within the United States.'' (13 CFR 121.105(a)). No 
regulatory flexibility analysis is required if the head of an agency 
certifies the rule will not have a significant economic impact on a 
substantial number of small entities. SBREFA amended the Regulatory 
Flexibility Act to require Federal agencies to provide a statement of 
the factual basis for certifying that a rule will not have a 
significant economic impact on a substantial number of small entities.
    NHTSA has considered the effects of this final rule under the 
Regulatory Flexibility Act. I certify that this final rule will not 
have a significant economic impact on a substantial number of small 
entities. NHTSA does not believe that any truck tractor manufacturers 
affected by this rule qualify as small entities. To the extent any 
business entities affected by this final rule do qualify as small 
entities, this final rule will not have a significant economic impact. 
This final rule addresses one test condition applicable to only one 
percent of truck tractors. This action will not result in added 
expenses for those manufacturers.

D. Privacy Act

    Anyone is able to search the electronic form of all documents 
received into any of our dockets by the name of the individual 
submitting the document (or signing the document, if submitted on 
behalf of an association, business, labor union, etc.). You may review 
DOT's complete Privacy Act Statement in the Federal Register published 
on April 11, 2000 (65 FR 19477-78) or you may visit http://www.transportation.gov/privacy.

E. Other Rulemaking Analyses and Notices

    In the June 2015 final rule, the agency discussed relevant 
requirements related to Executive Order 13132 (Federalism), Executive 
Order 12988 (Civil Justice Reform); Executive Order 13045 (Protection 
of Children from Environmental Health and Safety Risks); the Paperwork 
Reduction Act, the National Technology Transfer and Advancement Act, 
the Unfunded Mandates Reform Act, and the National Environmental Policy 
Act. As today's final rule merely adjusts one test condition in FMVSS 
No. 136 for approximately one percent of truck tractors subject to the 
standard, it will not have any effect on the agency's analyses in those 
areas.

List of Subjects in 49 CFR Parts 571

    Imports, Incorporation by reference, Motor vehicle safety, 
Reporting and recordkeeping requirements, Tires.

    In consideration of the foregoing, NHTSA amends 49 CFR part 571 as 
follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.95.


0
2. In Sec.  571.136, amend S4 by adding in alphabetical order the 
definitions of ``tandem axle'' and ``wheelbase'' and by revising 
S6.2.4.2 to read as follows:

[[Page 50093]]

Sec.  571.136  Standard No. 136; Electronic stability control systems 
for heavy vehicles.

* * * * *
    S4 Definitions.
* * * * *
    Tandem axle means a group or set of two or more axles placed in 
close arrangement, one behind the other, with the centerlines of 
adjacent axles not more than 72 inches apart.
* * * * *
    Wheelbase means the longitudinal distance between the center of the 
front axle and the center of the rear axle. For vehicles with tandem 
axles, the center of the axle is the midpoint between the centers of 
the most forward and most rearward tandem axles, measured when all 
liftable axles are in the lowered position.
* * * * *
    S6.2.4.2 For truck tractors, the lane width of the test course is 
3.7 meters (12 feet). At the manufacturer's option, for truck tractors 
with a wheelbase equal to or greater than 7112 mm (280 inches) the lane 
width of the test course is 3.7 meters (12 feet) for the straight 
section and is 4.3 meters (14 feet) for the curved section. For buses, 
the lane width of the test course is 3.7 meters (12 feet) for the 
straight section and is 4.3 meters (14 feet) for the curved section.
* * * * *

    Issued on October 20, 2017 in Washington, DC, under authority 
delegated in 49 CFR 1.95 and 501.5.
Heidi R. King,
Deputy Administrator.
[FR Doc. 2017-23531 Filed 10-27-17; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations 50089 FFDCA section 408(b)(4) requires that responsibilities established by Congress § 180.448 Hexythiazox; tolerances for EPA explain the reasons for departing in the preemption provisions of FFDCA residues. from the Codex level. section 408(n)(4). As such, the Agency (a) * * * Codex has established an MRL for has determined that this action will not residues of hexythiazox on hops at 3 have a substantial direct effect on States Commodity Parts per ppm. The U.S. tolerance for residues of or tribal governments, on the million hexythiazox on hops cannot be relationship between the national harmonized based on approved label government and the States or tribal * * * * * instructions. Based on available residue governments, or on the distribution of Hop, dried cones ........................ 20 data, compliance with label instructions power and responsibilities among the would result in exceedances of a various levels of government or between * * * * * tolerance harmonized with the Codex the Federal Government and Indian MRL. tribes. Thus, the Agency has determined * * * * * that Executive Order 13132, entitled [FR Doc. 2017–23439 Filed 10–27–17; 8:45 am] V. Conclusion ‘‘Federalism’’ (64 FR 43255, August 10, BILLING CODE 6560–50–P Therefore, the existing tolerance for 1999) and Executive Order 13175, residues of the ovicide/miticide entitled ‘‘Consultation and Coordination hexythiazox and its metabolites with Indian Tribal Governments’’ (65 FR DEPARTMENT OF TRANSPORTATION containing the (4-chlorophenyl)-4- 67249, November 9, 2000) do not apply methyl-2-oxo-3-thiazolidine moiety in/ to this action. In addition, this action National Highway Traffic Safety on hop, dried cones is increased from does not impose any enforceable duty or Administration 2.0 ppm to 20 ppm. contain any unfunded mandate as VI. Statutory and Executive Order described under Title II of the Unfunded 49 CFR Part 571 Reviews Mandates Reform Act (UMRA) (2 U.S.C. [Docket No. NHTSA–2015–0056] This action amends an existing 1501 et seq.). RIN 2127–AL78 tolerance under FFDCA section 408(d) This action does not involve any in response to a petition submitted to technical standards that would require Motor Vehicle Safety Standards; the Agency. The Office of Management Agency consideration of voluntary Electronic Stability Control Systems and Budget (OMB) has exempted these consensus standards pursuant to section for Heavy Vehicles types of actions from review under 12(d) of the National Technology Executive Order 12866, entitled Transfer and Advancement Act AGENCY: National Highway Traffic ‘‘Regulatory Planning and Review’’ (58 (NTTAA) (15 U.S.C. 272 note). Safety Administration (NHTSA), FR 51735, October 4, 1993). Because Department of Transportation. VII. Congressional Review Act this action has been exempted from ACTION: Final rule; response to petition review under Executive Order 12866, Pursuant to the Congressional Review for reconsideration. this action is not subject to Executive Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and SUMMARY: This final rule addresses a Order 13211, entitled ‘‘Actions petition for reconsideration of the final Concerning Regulations That other required information to the U.S. Senate, the U.S. House of rule for FMVSS No. 136, Electronic Significantly Affect Energy Supply, stability control systems for heavy Distribution, or Use’’ (66 FR 28355, May Representatives, and the Comptroller General of the United States prior to vehicles. The petitioner, Truck and 22, 2001) or Executive Order 13045, Engine Manufacturers Association entitled ‘‘Protection of Children from publication of the rule in the Federal Register. This action is not a ‘‘major (EMA), requested that NHTSA amend Environmental Health Risks and Safety the test conditions for the agency’s Risks’’ (62 FR 19885, April 23, 1997). rule’’ as defined by 5 U.S.C. 804(2). performance test by allowing a larger This action does not contain any List of Subjects in 40 CFR Part 180 lane width for long wheelbase truck information collections subject to OMB tractors. After a careful technical review approval under the Paperwork Environmental protection, Administrative practice and procedure, of the petition and the issues raised by Reduction Act (PRA) (44 U.S.C. 3501 et the petitioner, the agency has decided to seq.), nor does it require any special Agricultural commodities, Pesticides and pests, Reporting and recordkeeping grant the petition because there is considerations under Executive Order sufficient evidence to indicate that a 12898, entitled ‘‘Federal Actions to requirements. larger lane width is needed for testing Address Environmental Justice in Dated: October 6, 2017. of long wheelbase truck tractors. Minority Populations and Low-Income Daniel J. Rosenblatt, DATES: The effective date of this final Populations’’ (59 FR 7629, February 16, Acting Director, Registration Division, Office 1994). rule is November 29, 2017. of Pesticide Programs. Petitions for reconsideration: Petitions Since tolerances and exemptions that Therefore, 40 CFR chapter I is are established on the basis of a petition for reconsideration of this final rule amended as follows: must be received not later than under FFDCA section 408(d), such as the tolerance in this final rule, do not December 14, 2017. PART 180—[AMENDED] require the issuance of a proposed rule, ADDRESSES: Petitions for reconsideration the requirements of the Regulatory ■ 1. The authority citation for part 180 of this final rule must refer to the docket and notice number set forth above and nlaroche on DSK9F9SC42PROD with RULES Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows: seq.), do not apply. be submitted to the Administrator, Authority: 21 U.S.C. 321(q), 346a and 371. National Highway Traffic Safety This action directly regulates growers, food processors, food handlers, and food ■ 2. Section 180.448 is amended by Administration, 1200 New Jersey retailers, not States or tribes, nor does revising the entry ‘‘Hop, dried cones’’ in Avenue SE., Washington, DC 20590. this action alter the relationships or the table in paragraph (a) to read as FOR FURTHER INFORMATION CONTACT: For distribution of power and follows: technical issues, you may contact VerDate Sep<11>2014 13:41 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1

50090 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations Patrick Hallan, Office of Crash Vehicle Safety Standard (FMVSS) No. course for the test maneuver is shown Avoidance Standards, by telephone at 136, Electronic stability control systems in Figure 1. This maneuver involves (202) 366–9146, and by fax at (202) 493– for heavy vehicles, requiring electronic accelerating to a constant speed on a 2990. For legal issues, you may contact stability control (ESC) systems on truck straight stretch of high-friction track David Jasinski, Office of the Chief tractors and certain buses with a gross before entering into a 150-foot radius Counsel, by telephone at (202) 366– vehicle weight rating greater than curve. After entering the curve, the 2992, and by fax at (202) 366–3820. You 11,793 kilograms (26,000 pounds).1 ESC driver attempts to maintain the lane. At may send mail to both of these officials systems in truck tractors and large buses a speed that is up to 1.3 times the lowest at the National Highway Traffic Safety are designed to reduce untripped entrance speed at which the ESC system Administration, 1200 New Jersey rollovers and mitigate severe understeer activates, but no less than 48.3 km/h (30 Avenue SE., Washington, DC 20590. or oversteer conditions that lead to loss mph), an ESC system must activate the SUPPLEMENTARY INFORMATION: of control using automatic computer- vehicle’s service brakes to slow the controlled braking and reducing engine vehicle to 46.7 km/h (29 mph) within 3 I. FMVSS No. 136 and J-Turn Test torque output. seconds after entering the curve and Maneuver To test the performance of ESC 45.1 km/h (28 mph) within 4 seconds On June 23, 2015, NHTSA published systems, NHTSA included a 150-foot after entering the curve. The test vehicle a final rule establishing Federal Motor radius J-turn test maneuver. The test must also remain within the lane. For truck tractors, the lane width is maintain a narrower lane within the As described in the final rule, the 3.7 meters (12 feet) for both the straight curve. During testing of buses on a 3.7 nature of the J-turn test provides two section and the curved section of the meter (12 foot) width lane, the bus criteria for ensuring vehicle course. However, after testing large could not maintain the lane because of responsiveness: Maintaining the lane buses, the agency determined that large the geometry of the vehicle, not because within the fixed radius curve and a nlaroche on DSK9F9SC42PROD with RULES buses require additional lane width on of lack of stability. NHTSA determined minimum test speed. These criteria for the curved section of the course because that 4.3 meters (14 feet) was an vehicle responsiveness are needed buses have longer wheelbases, which appropriate lane width for testing large because there is a possibility of a make it substantially more difficult to buses. manufacturer designing a vehicle that ER30OC17.002</GPH> 1 80 FR 36049. VerDate Sep<11>2014 13:41 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1

Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations 50091 responds poorly to the operator’s speed with a wheelbase equal to or greater wide lane.2 During bus testing, NHTSA and steering inputs, which would mask than 7112 millimeters (280 inches). observed a decrease in clearance the actual performance of the ESC EMA stated that it was challenging for between a vehicle and the lane system. the drivers of tractors with wheelbases boundaries as wheelbase length The first responsiveness criterion is larger than 280 inches to complete the increases. EMA’s submission further the requirement that the vehicle maneuver in the 12-foot-wide lane, reinforces this work and applies it to maintain the lane during at least six of because there was not an adequate truck tractors. NHTSA agrees that there eight runs in the roll stability margin of physical space to account for are dimensional limitations for long performance test series or at least two of test variability. EMA listed factors that wheelbase vehicles that potentially four runs in the engine torque reduction contribute to the variability of its test make it impractical to conduct the J-turn test. This requirement ensures that, results which included: (i) The length of test maneuver within 12-foot-wide lane, during J-turn test runs at increasing the tractor’s wheelbase, (ii) the and a larger lane width is needed to speeds, the ESC system activates before experience level of the test driver, (iii) adequately test the ESC systems. the vehicle becomes unstable. We whether the maneuver is conducted in In order to ensure that the J-turn test allowed multiple test runs, instead of a the clockwise or counter-clockwise maneuver tests the ESC system and not single test run, to account for driver direction, and (iv) other vehicle a test driver’s ability to maintain a variability and possible driver error in attributes such as steering system, narrow lane, NHTSA will adopt EMA’s conducting the maneuver. Absent driver suspensions, axles, and tires. EMA has suggested 4.3 meter (14 foot) lane width error, we do not expect any vehicle shown that there are dimensional for testing longer wheelbase truck equipped with a properly functioning limitations for certain long wheelbase tractors. Despite the increased lane ESC system to exceed the lane width width requirement for these long truck tractors to conduct the J-turn test during any of the tests using the J-turn wheelbase truck tractors, NHTSA is maneuver within 12-foot-wide lane and maneuver. confident that the ESC systems in these The other responsiveness criterion in a larger lane width is needed to adequately test the ESC systems. long wheelbase truck tractors will be the final rule is the minimum vehicle adequately tested for minimum entry speed, which is 48 km/h (30 mph) In support of the petition for performance using the J-turn test for the roll performance test. The reason reconsideration, on June 30, 2016, EMA maneuver because the driver must for this requirement is to discourage a submitted data from testing and maintain the lane within the same fixed manufacturer from designing a system computer simulations indicating that a radius curve and travel at the same that unnecessarily intervenes at very lane width of 4.3 meters (14 feet) was minimum test speed as all other truck low speeds, thus artificially decreasing necessary for these long wheelbase truck tractors. the speed at which the vehicle will tractors. EMA tested three truck tractors This change requires two enter the curve during the roll with three test drivers of varying clarifications. First, as with buses, the performance test. degrees of experience in conducting the wider lane is used only in the curved II. EMA Petition J-turn maneuver in both directions section of the test course. The lane (clockwise and counterclockwise). EMA width of the straight section will remain On August 7, 2015, the Truck and also performed computer simulations on 3.7 meters (12 feet). The dimensional Engine Manufacturers Association three example tractors to do a static considerations that require a wider lane (EMA) submitted a petition to NHTSA, analysis showing the clearance of the width for long wheelbase vehicles do pursuant to 49 CFR 553.35, requesting truck tractor within the lane. Based on not apply to straight sections of the test that the agency reconsider its June 2015 engineering recommendations from all course. final rule establishing FMVSS No. 136. of the major heavy-duty tractor Second, NHTSA is clarifying the EMA is a trade association representing manufacturers using the results of the definition of wheelbase by including the manufacturers of commercial motor computer simulations and the vehicle definition in the regulatory text. For vehicles, including medium- and heavy- testing, EMA requests that truck tractors two-axle vehicles, the wheelbase is duty truck tractors. EMA’s petition with a wheelbase equal to or greater generally clear—the distance between indicated that the 3.7 meter (12 foot) than 7112 mm (280 inches) be the center of the front axle and the lane width used in the FMVSS No. 136 conducted on a J-turn test course with center of the rear axle. Moreover, for test procedure presents difficulty in a lane width of 4.3 meters (14 feet). typical 6x4 truck tractors, which have successfully completing the J-turn test tandem rear axles, we believe the for a small subset of truck tractors to III. Agency Decision definition of wheelbase is also clear— achieve certification. According to the distance between the center of the EMA, long wheelbase truck tractors, Pursuant to the process established under 49 CFR 553.37, after carefully front axle and the center of the rear such as specialty tractors and severe tandem axles. However, to clarify service tractors, cannot navigate the considering all aspects of the petition and its subsequent data submission, the wheelbase for all vehicles, including curve of the test course for the J-turn test those with liftable axles or tag axles, maneuver because the radius paths of agency has decided to grant the petition without further proceedings. EMA’s NHTSA is specifying that the wheelbase the trucks are dimensionally too large. is the longitudinal distance between the This physical limitation does not allow vehicle testing and computer simulation data support its position that truck center of the front axle and the center the rear wheels to stay inside the 12- of the rear axle. For vehicles with foot-wide lane. The petitioner states that tractors with a wheelbase equal to or greater than 7112 millimeters (280 tandem axles, the center of the axle is this issue only affects certain long considered to be the midpoint between inches) should be conducted on a test nlaroche on DSK9F9SC42PROD with RULES wheelbase truck tractors, which make the centers of the most forward and up about one percent of the annual sales course with a wider lane, and we believe the suggested width of 4.3 most rearward of the tandem axles, of the new truck tractor market. measured with any liftable axles down. EMA asserted that the curved section meters (14 feet) is appropriate. The of the 12-foot-wide lane is too narrow, agency had made similar provisions for 2 See Stability Control System Test Track and therefore, it is impracticable for the large buses by allowing a 14-foot-wide Research with a 2014 Prevost X3–45 Passenger testing of a long wheelbase truck tractor lane after first considering a 12-foot- Motorcoach, Docket No. NHTSA–2012–0065–0063. VerDate Sep<11>2014 13:41 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1

50092 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations This definition is designed to directly section 3(f) of Executive Order 12866, number of small entities. NHTSA does reflect the geometrical concerns raised ‘‘Regulatory Planning and Review,’’ are not believe that any truck tractor in the petition. Because all testing is subject to these requirements. As manufacturers affected by this rule done with any liftable axles in the discussed above, this rule is not a qualify as small entities. To the extent lowered position, the wheelbase will be significant rule under Executive Order any business entities affected by this measured with liftable axles down so 12866 and, accordingly, is not subject to final rule do qualify as small entities, the wheelbase measurement accurately the offset requirements of Executive this final rule will not have a significant reflects the turning radius of the truck Order 13771. economic impact. This final rule tractor. The term ‘‘tandem axle’’ is NHTSA has determined that this addresses one test condition applicable defined as it is in FMVSS Nos. 105 and rulemaking is a deregulatory action to only one percent of truck tractors. 121 as a group or set of two or more under Executive Order 13771, as it This action will not result in added axles placed in close arrangement, one imposes no costs and, instead, amends expenses for those manufacturers. behind the other, with the centerlines of FMVSS No. 136 to give more flexibility to manufacturers of long wheelbase D. Privacy Act adjacent axles not more than 72 inches apart. truck tractors by allowing a wider lane Anyone is able to search the in the test course. Although NHTSA was electronic form of all documents IV. Rulemaking Analyses and Notices not able to quantify any cost savings for received into any of our dockets by the A. Executive Order 12866, Executive this rule, in adopting an optional wider name of the individual submitting the Order 13563, and DOT Regulatory lane width for the testing of long document (or signing the document, if Policies and Procedures wheelbase truck tractors, this final rule submitted on behalf of an association, adjusts the standard to accommodate business, labor union, etc.). You may The agency has considered the impact the larger physical size of certain truck of this rulemaking action under review DOT’s complete Privacy Act tractors and improves the efficiency of Statement in the Federal Register Executive Orders 12866 and 13563 and testing. This issue only affects long the DOT’s regulatory policies and published on April 11, 2000 (65 FR wheelbase truck tractors, which make 19477–78) or you may visit http:// procedures. This action was not up about one percent of the annual sales reviewed by the Office of Management www.transportation.gov/privacy. of truck tractors. The optional wider and Budget under Executive Order lane width will remove the difficulties E. Other Rulemaking Analyses and 12866. The agency has considered the cited by the petitioner associated with Notices impact of this action under the navigating the test course for long In the June 2015 final rule, the agency Department of Transportation’s wheelbase truck tractors under the discussed relevant requirements related regulatory policies and procedures (44 current test conditions in the standard. to Executive Order 13132 (Federalism), FR 11034; February 26, 1979), and has C. Regulatory Flexibility Act Executive Order 12988 (Civil Justice determined that it is not ‘‘significant’’ Reform); Executive Order 13045 under them. Pursuant to the Regulatory Flexibility (Protection of Children from This action addresses a petition for Act (5 U.S.C. 601 et seq., as amended by Environmental Health and Safety Risks); reconsideration of the June 2015 final the Small Business Regulatory the Paperwork Reduction Act, the rule requiring ESC on truck tractors and Enforcement Fairness Act (SBREFA) of National Technology Transfer and certain large buses. However, the 1996), whenever an agency is required Advancement Act, the Unfunded petition only addresses one test to publish a notice of rulemaking for Mandates Reform Act, and the National condition applicable to approximately any proposed or final rule, it must Environmental Policy Act. As today’s one percent of truck tractors. This final prepare and make available for public final rule merely adjusts one test rule amends the standard to allow long comment a regulatory flexibility condition in FMVSS No. 136 for wheelbase truck tractors to be tested in analysis that describes the effect of the rule on small entities (i.e., small approximately one percent of truck a wider lane to account for the geometry businesses, small organizations, and tractors subject to the standard, it will of a turning vehicle and to ensure that small governmental jurisdictions). The not have any effect on the agency’s the J-turn remains a test of the vehicle’s Small Business Administration’s analyses in those areas. stability and not the test driver. This final rule imposes no costs and adjusts regulations at 13 CFR part 121 define a List of Subjects in 49 CFR Parts 571 FMVSS No. 136 to give more flexibility small business, in part, as a business Imports, Incorporation by reference, to manufacturers testing long wheelbase entity ‘‘which operates primarily within Motor vehicle safety, Reporting and trucks. This action will not have any the United States.’’ (13 CFR 121.105(a)). recordkeeping requirements, Tires. safety impacts. No regulatory flexibility analysis is required if the head of an agency In consideration of the foregoing, B. Executive Order 13771 certifies the rule will not have a NHTSA amends 49 CFR part 571 as Executive Order 13771 titled significant economic impact on a follows: ‘‘Reducing Regulation and Controlling substantial number of small entities. Regulatory Costs,’’ directs that, unless SBREFA amended the Regulatory PART 571—FEDERAL MOTOR prohibited by law, whenever an Flexibility Act to require Federal VEHICLE SAFETY STANDARDS executive department or agency agencies to provide a statement of the ■ 1. The authority citation for part 571 publicly proposes for notice and factual basis for certifying that a rule continues to read as follows: comment or otherwise promulgates a will not have a significant economic new regulation, it shall identify at least Authority: 49 U.S.C. 322, 30111, 30115, nlaroche on DSK9F9SC42PROD with RULES impact on a substantial number of small two existing regulations to be repealed. 30117, and 30166; delegation of authority at entities. 49 CFR 1.95. In addition, any new incremental costs NHTSA has considered the effects of associated with new regulations shall, to this final rule under the Regulatory ■ 2. In § 571.136, amend S4 by adding the extent permitted by law, be offset by Flexibility Act. I certify that this final in alphabetical order the definitions of the elimination of existing costs. Only rule will not have a significant ‘‘tandem axle’’ and ‘‘wheelbase’’ and by those rules deemed significant under economic impact on a substantial revising S6.2.4.2 to read as follows: VerDate Sep<11>2014 13:41 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1

Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations 50093 § 571.136 Standard No. 136; Electronic Atmospheric Administration (NOAA), § 679.20(e) and (f) apply at any time stability control systems for heavy vehicles. Commerce. during a trip. * * * * * ACTION: Temporary rule; closure. S4 Definitions. Classification * * * * * SUMMARY: NMFS is prohibiting directed This action responds to the best Tandem axle means a group or set of fishing for Pacific ocean perch in the available information recently obtained two or more axles placed in close Western Regulatory Area of the Gulf of from the fishery. The Assistant arrangement, one behind the other, with Alaska (GOA). This action is necessary to prevent exceeding the 2017 total Administrator for Fisheries, NOAA the centerlines of adjacent axles not allowable catch of Pacific ocean perch (AA), finds good cause to waive the more than 72 inches apart. in the Western Regulatory Area of the requirement to provide prior notice and * * * * * GOA. opportunity for public comment Wheelbase means the longitudinal distance between the center of the front pursuant to the authority set forth at 5 DATES: Effective 1200 hours, Alaska U.S.C. 553(b)(B) as such requirement is axle and the center of the rear axle. For local time (A.l.t.), October 25, 2017, vehicles with tandem axles, the center impracticable and contrary to the public through 2400 hours, A.l.t., December 31, of the axle is the midpoint between the interest. This requirement is 2017. centers of the most forward and most impracticable and contrary to the public FOR FURTHER INFORMATION CONTACT: rearward tandem axles, measured when interest as it would prevent NMFS from Steve Whitney, 907–586–7228. all liftable axles are in the lowered responding to the most recent fisheries SUPPLEMENTARY INFORMATION: NMFS data in a timely fashion and would position. manages the groundfish fishery in the delay the closure of directed fishing for * * * * * GOA exclusive economic zone S6.2.4.2 For truck tractors, the lane Pacific ocean perch in the Western according to the Fishery Management Regulatory Area of the GOA. NMFS was width of the test course is 3.7 meters (12 Plan for Groundfish of the Gulf of feet). At the manufacturer’s option, for unable to publish a notice providing Alaska (FMP) prepared by the North truck tractors with a wheelbase equal to time for public comment because the or greater than 7112 mm (280 inches) Pacific Fishery Management Council under authority of the Magnuson- most recent, relevant data only became the lane width of the test course is 3.7 available as of October 23, 2017. meters (12 feet) for the straight section Stevens Fishery Conservation and Management Act. Regulations governing The AA also finds good cause to and is 4.3 meters (14 feet) for the curved section. For buses, the lane width of the fishing by U.S. vessels in accordance waive the 30-day delay in the effective test course is 3.7 meters (12 feet) for the with the FMP appear at subpart H of 50 date of this action under 5 U.S.C. straight section and is 4.3 meters (14 CFR part 600 and 50 CFR part 679. 553(d)(3). This finding is based upon feet) for the curved section. The 2017 total allowable catch (TAC) the reasons provided above for waiver of of Pacific ocean perch in the Western prior notice and opportunity for public * * * * * Regulatory Area of the GOA is 2,679 comment. Issued on October 20, 2017 in Washington, metric tons (mt) as established by the DC, under authority delegated in 49 CFR 1.95 This action is required by § 679.20 final 2017 and 2018 harvest and 501.5. specifications for groundfish of the Gulf and is exempt from review under Heidi R. King, of Alaska (82 FR 12032, February 27, Executive Order 12866. Deputy Administrator. 2017). Authority: 16 U.S.C. 1801 et seq. [FR Doc. 2017–23531 Filed 10–27–17; 8:45 am] In accordance with § 679.20(d)(1)(i), Dated: October 25, 2017. BILLING CODE 4910–59–P the Administrator, Alaska Region, Emily H. Menashes, NMFS (Regional Administrator), has determined that the 2017 TAC of Pacific Acting Director, Office of Sustainable DEPARTMENT OF COMMERCE ocean perch in the Western Regulatory Fisheries, National Marine Fisheries Service. Area of the GOA will soon be reached. [FR Doc. 2017–23536 Filed 10–25–17; 4:15 pm] National Oceanic and Atmospheric Therefore, the Regional Administrator is BILLING CODE 3510–22–P Administration establishing a directed fishing allowance of 2,579 mt, and is setting 50 CFR Part 679 aside 100 mt as bycatch to support other [Docket No. 160920866–7167–02] anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the RIN 0648–XF798 Regional Administrator finds that this directed fishing allowance has been Fisheries of the Exclusive Economic reached. Consequently, NMFS is Zone Off Alaska; Pacific Ocean Perch prohibiting directed fishing for Pacific in the Western Regulatory Area of the ocean perch in the Western Regulatory Gulf of Alaska Area of the GOA. AGENCY: National Marine Fisheries After the effective date of this closure Service (NMFS), National Oceanic and the maximum retainable amounts at nlaroche on DSK9F9SC42PROD with RULES VerDate Sep<11>2014 13:41 Oct 27, 2017 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 E:\FR\FM\30OCR1.SGM 30OCR1


Document Created: 2017-10-28 00:28:44
Document Modified: 2017-10-28 00:28:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; response to petition for reconsideration.
DatesThe effective date of this final rule is November 29, 2017.
ContactFor technical issues, you may contact Patrick Hallan, Office of Crash Avoidance Standards, by telephone at (202) 366-9146, and by fax at (202) 493-2990. For legal issues, you may contact David Jasinski, Office of the Chief Counsel, by telephone at (202) 366-2992, and by fax at (202) 366-3820. You may send mail to both of these officials at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.
FR Citation82 FR 50089 
RIN Number2127-AL78
CFR AssociatedImports; Incorporation by Reference; Motor Vehicle Safety; Reporting and Recordkeeping Requirements and Tires
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