Interpretation ID: nht76-4.5

DATE: 01/07/76

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: The Leithiser Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your November 14, 1975, question whether an air-braked trailer that carries three spools of electric power line and is designed to pay out and tension the three lines over towers would be required to comply with Standard No. 121, Air Brake Systems.

Section S3. (Application) states in part that ". . . the standard does not apply to any trailer whose unloaded vehicle weight is not less than 95 percent of GVWR [gross vehicle weight rating] . . ." It appears from your description that the trailer in question does not have either a passenger-carrying capacity or a rated cargo load. The unloaded vehicle weight would be equal to the GVWR and the trailer would be exculded from the requirements of the air brake standard.

YOURS TRULY,

The Leithiser Company

November 14, 1975

Administrator, Dept. of Transportation National Highway Safety Administration

Reference: Standard No. 121, Air Brake Systems, 49 CFR 571.121 Tensioner - Tri-Axle Mounted

On March 15, 1974 we submitted a quotation to the Cleveland Electric Illuminating Co., Cleveland, Ohio covering the construction of a piece of special machinery for tensioning electric power lines. On April 10, 1974 we received a purchase order for the equipment.

We are enclosing a line sketch of the referenced device. The machine is mounted on a tri-axle suspension because the gross weight of 34,000 lbs. exceeds by 2,000 lbs. the legal limit in Ohio for a tandem axle.

Due to recent problems in the delivery of components, this machine will not be completed until March or April of 1976. The addition of "121" equipment to this device, particularly in view of the three axles, would increase the cost to our customer approximately $ 4,000,00.

We feel that because this is a specialized piece of equipment that the econimic burden of acquiring certification and the increase in cost to our customer, should relieve us of the necessity for installing the "121" appliances. May we have a ruling in this matter as soon as possible?

George L. Leithiser, Pres.

(Graphics omitted)

The LEITHISER Company York, Fa

THREE REEL PAYOFF TRA. DCALO 1/32 "DWO MC. DATE 11/10/75 DWN. WY M. KLINK