Interpretation ID: nht75-5.11
DATE: 07/21/75
FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA
TO: FMC Corporation
TITLE: FMVSR INTERPRETATION
TEXT: This responds to FMC Corporation's June 23, 1975 request for 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 for GVWR in Part 567.4 (Certification), unloaded vehicle weight will normally be the GVWR of a 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 @ 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,
ATTACH.
June 23, 1975
Thomas Herlihy -- National Highway Safety Administration
Dear Mr. Herlihy:
This letter is a request for a legal interpretation of proposed revisions to 49CFR571.12153, Docket 75-16, Notice 01, Federal Register Vol. 40, No. 113 Wednesday, June 11, 1975.
My letter of June 16, 1975 to the Docket Section concerning the above is attached.
I would appreciate the interpretation as soon as possible to allow me time for an additional petition if it is required.
Very truly yours,
H. Ray Cozad -- Chief Engineer, FMC CORPORATION