Interpretation ID: aiam1977
FMC Corporation
Crane & Excavator Division
1201 Sixth Street Southwest
Cedar Rapids
IA 52406;
Dear Mr. Cozad: This responds to FMC Corporations' June 23, 1975, request fo clarification of a recent NHTSA proposal (40 FR 24915, June 11, 1975) to amend Standard No. 121, *Air brake systems*, to establish an exemption criterion for a vehicle that has an 'unloaded vehicle weight that is not less than 95 percent of the vehicle GVWR gross vehicle weight rating '. You ask whether a vehicle's 'unloaded weight' means the GVWR, as established by adding the gross axle weight ratings (GAWR) of all axles, minus whatever portions of the vehicle are removed for highway travel.; The answer to your question is no. In light of the requirements fo GVWR in Part 567.4 (Certification), unloaded vehicle weight will normally be the GVWR of the vehicle minus its rated cargo load and its assigned occupant weight (at least 150 lbs). The rated cargo load would not include the weight of portions of a vehicle which are essential to its specialized function but are removed in accordance with State regulation for transit purposes.; I would also note that the NHTSA definition of GVWR (49 CFR S 571.3 does not require that the GVWR be the sum of the vehicle's GAWR's. Of course the GVWR must not exceed the sum of vehicle GAWR's.; With regard to your June 17, 1975, suggestion of a meeting with Mr Larson, I would prefer first to have your view of these clarifications.; Yours truly, Richard B. Dyson, Assistant Chief Counsel