[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Proposed Rules]
[Pages 19602-19604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10793]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 85-06; Notice 11]
RIN [2127-AG35]
Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems;
Light Vehicle Brake Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to extend the requirements of Federal
motor vehicle safety standard (FMVSS) No. 135, Passenger Car Brake
Systems, to trucks, buses, and multipurpose passenger vehicles with a
gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 kilograms)
or less. As a result, manufacturers of such vehicles have the option of
complying with either FMVSS No. 105 or FMVSS No. 135 for an interim
five year period, after which all light vehicles would have to comply
with FMVSS No. 135. The agency believes that such an amendment would be
consistent with the agency's policy of achieving international
harmonization whenever possible, consistent with the statutory mandate
to ensure motor vehicle safety.
DATES: Comment Period: Comments on this notice must be received by
NHTSA no later than July 1, 1996.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted to: Docket Section, National Highway Traffic Safety
Administration, 400 Seventh Street SW, Washington, D.C. 20590. Docket
hours are 9:30 a.m. to 4 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Robert M.
Clarke, Office of Crash Avoidance, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202)
366-5278.
For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division,
Office of Chief Counsel, National Highway Traffic Safety
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202)
366-2992.
SUPPLEMENTARY INFORMATION:
I. Background
On February 2, 1995, the National Highway Traffic Safety
Administration (NHTSA) published a final rule establishing a new
Federal motor vehicle safety standard (FMVSS) No. 135, Passenger Car
Brake Systems ( 60 FR 6411). This standard resulted from the agency's
efforts to harmonize U.S. brake standards with international brake
standards. FMVSS No. 135 applies only to passenger cars. Between March
6, 1995 and August 31, 2000, manufacturers of passenger cars have the
option of complying with either FMVSS No. 105 or FMVSS No. 135. After
September 1, 2000, all passenger cars must comply with the requirements
of FMVSS No. 135, while all other vehicles with hydraulic brakes,
including light vehicles 1 other than passenger cars, still must
meet the requirements of FMVSS No. 105.
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\1\ Those vehicles with a gross vehicle weight rating (GVWR) of
10,000 lbs. (4,536 kilograms) or less.
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NHTSA is considering whether to extend the applicability of FMVSS
No. 135 to all light vehicles. FMVSS No. 105 would continue to apply to
vehicles with a GVWR greater than 10,000 pounds (i.e., medium and heavy
hydraulically-braked vehicles). If this change is adopted, FMVSS No.
135 would be retitled Light Vehicle Brake Systems.
In comments submitted in response to the agency's July 3, 1991
supplemental proposed rulemaking (SNPRM) on this subject (56 FR 30528),
Kelsey-Hayes asked whether the rule would apply to all purpose
vehicles, mini-vans, and light trucks, as well as to passenger cars. In
the final rule, NHTSA decided to apply FMVSS No. 135 only to passenger
cars, but stated it might consider applying FMVSS No. 135 to all light
vehicles at a later date.
In its petition for reconsideration to the final rule, General
Motors (GM) requested, among other things, that the agency consider
applying FMVSS No. 135 to all hydraulically-braked light vehicles. GM
stated that the United Nations Economic Commission for Europe (ECE)
Regulation R13-H was being developed with the intention of applying it
to all light vehicles. That company further stated that ``it would be
desirable to have a single brake
[[Page 19603]]
standard applicable to all hydraulically-braked vehicles, as has
traditionally been the case with FMVSS No. 105.'' GM stated its belief
that FMVSS No. 135 was superior to FMVSS No. 105 and that extending its
applicability ``* * * could lead to genuinely improved brake systems
for MPV and LTV customers.''
II. Agency Proposal
After reviewing GM's petition, NHTSA has decided to propose
applying FMVSS No. 135 to all light vehicles. As a result,
manufacturers of such vehicles have the option of complying with either
FMVSS No. 105 or FMVSS No. 135 for an interim five year period, after
which all light vehicles would have to comply with FMVSS No. 135. The
agency believes that such an amendment would be consistent with the
agency's policy of achieving international harmonization whenever
possible and appropriate, consistent with the statutory mandate to
promote motor vehicle safety. In establishing FMVSS No. 135, NHTSA
stated that the new standard would differ from the existing one (FMVSS
No. 105) primarily in containing a revised test procedure based on
harmonized international procedures developed during discussions held
between NHTSA and the Meeting of Experts on Brakes and Running Gear
(GRRF) of the ECE. NHTSA stated that the new FMVSS would ensure the
same level of safety for the aspects of performance covered by FMVSS
No. 105, while improving safety by addressing some additional safety
issues.
At the agency's June 28, 1995 and September 22, 1995 quarterly
public meetings addressing NHTSA's regulatory activities, agency
personnel requested comments about whether the agency should apply
FMVSS No. 135 to all light vehicles. The agency has received no
comments, either in favor or in opposition to such an action. The
agency further notes that in 1995, domestic light truck manufacturers
were voluntarily equipping 56 percent of their annual production with
4-wheel antilock brake systems (ABS). The agency notes that a light
vehicle equipped with ABS would more easily comply with FMVSS No. 135,
particularly the adhesion utilization requirements. Market trends and
manufacturers' public pronouncements indicate that a significant
majority of light vehicles will be equipped with four-wheel ABS in the
near future. Based on these considerations, NHTSA believes that vehicle
manufacturers are already planning to voluntarily design and equip
their products with brake systems that would comply with FMVSS No.
135's requirements, including those dealing with adhesion utilization
and variable proportioning functional failures.
Accordingly, the agency proposes to amend Section S3. Application,
to apply FMVSS No. 135 to trucks, buses, and multipurpose passenger
vehicles with a GVWR of 10,000 pounds (4,536 kilograms) or less. The
agency notes that FMVSS No. 105 has some requirements that differ
depending on the vehicle's GVWR. Nevertheless, the agency is aware of
no reasons why the requirements of FMVSS No. 135 which relate to
equipment, dynamic road test procedures and required stopping
performance, system failures, and parking brake test procedures and
performance should be different for these vehicles than they are for
passenger cars. Nevertheless, the agency specifically invites comments,
along with supporting data, that might alter that tentative conclusion.
III. Rulemaking Analyses and Notices
A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
This notice has not been reviewed under Executive Order 12866.
NHTSA has considered the impacts of this rulemaking action and
determined that it is not ``significant'' within the meaning of the
Department of Transportation's regulatory policies and procedures. The
agency believes that FMVSS No. 135 would ensure an equivalent level of
safety for those aspects of performance covered by FMVSS No. 105 and
that it would also address additional areas of brake performance which
offer added safety benefits. The agency believes that manufacturers are
already planning, prior to the date on which compliance with this
standard would become mandatory, to voluntarily equip their light
vehicles with brake systems that would meet the requirements of FMVSS
No. 135. Thus, the application of this standard to those vehicles would
not impose costs on manufacturers beyond those they otherwise
voluntarily plan to incur. Applying this rule to all light vehicles
would offer the possibility of reducing the production costs for these
vehicles. Further, the agency believes that manufacturers' compliance
verification costs, attributable to the full test procedure in the new
standard, would be approximately the same as those attributable to the
existing procedure under FMVSS No. 105. Based on the above
considerations, NHTSA believes that the impacts are so minimal as not
to warrant preparation of a full regulatory evaluation.
B. Regulatory Flexibility Act
NHTSA has also considered the effects of both this proposal under
the Regulatory Flexibility Act. I hereby certify that it would not have
a significant economic impact on a substantial number of small
entities. Accordingly, the agency has not prepared a preliminary
regulatory flexibility analysis.
NHTSA concluded that the February 1995 final rule had no
significant impact on a substantial number of small entities. That
conclusion is equally valid for this proposal to extend the application
of this rule to include all light vehicles. Accordingly, the cost
savings would be so small that they would not likely affect vehicle
sales.
C. National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act of 1969. The agency has determined
that implementation of this action would not have any significant
impact on the quality of the human environment. No changes in existing
production or disposal processes result.
D. Executive Order 12612 (Federalism)
NHTSA has analyzed this action under the principles and criteria in
Executive Order 12612. The agency believes that this rulemaking action
would not have sufficient Federalism implications to warrant the
preparation of a Federalism Assessment. No State laws would be
affected.
E. Civil Justice Reform
This rulemaking would not have any retroactive effect. Under 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the State requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of rulemakings establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
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List of Subjects in 49 CFR part 571
Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber
products, Tires.
In consideration of the foregoing, the agency proposes to amend
Title 49 of the Code of Federal Regulations at Part 571 as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
1. The authority citation for Part 571 would continue to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50
2. Section 571.105 would be amended by revising S3, to read as
follows:
Sec. 571.105 Standard No. 105; Hydraulic Brake Systems.
* * * * *
S3. Application. This standard applies to hydraulically-braked
vehicles with a GVWR greater than 10,000 pounds. This standard applies
to hydraulically-braked passenger cars manufactured before September 1,
2000, and to hydraulically-braked multipurpose passenger vehicles,
trucks, and buses with a GVWR of 10,000 pounds or less that are
manufactured before September 1, 2002. At the option of the
manufacturer, hydraulically-braked passenger cars manufactured before
September 1, 2000, and hydraulically-braked multipurpose passenger
vehicles, trucks, and buses with a GVWR of 10,000 pounds or less
manufactured before September 1, 2002, may meet the requirements of
Federal Motor Vehicle Safety Standard No. 135, Light Vehicle Brake
Systems instead of this standard.
* * * * *
3. Section 571.135 would amended by revising the heading and
section S3. to read as follows:
Sec. 571.135 Standard No. 135; Light Vehicle Brake Systems
* * * * *
S3. Application. This standard applies to hydraulically-braked
passenger cars manufactured on and after September 1, 2000, and to
hydraulically-braked multipurpose passenger vehicles, trucks and buses
with a gross vehicle weight rating (GVWR) of 10,000 pounds (4,536
kilograms) or less, manufactured on and after September 1, 2002. In
addition, at the option of the manufacturer, passenger cars
manufactured before September 1, 2000, and multipurpose passenger
vehicles, trucks and buses with a GVWR of 10,000 pounds or less. (4,536
kilograms), manufactured before September 1, 2002, may meet the
requirements of this standard instead of Federal Motor Vehicle Safety
Standard No. 105, Hydraulic Brake Systems.
* * * * *
Issued on: April 25, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-10793 Filed 5-1-96; 8:45 am]
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