[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Proposed Rules]
[Pages 30678-30694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14678]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 350
[FHWA Docket No. FHWA-98-3611]
Development of Functional Specifications for Performance-based
Brake Testers Used To Inspect Commercial Motor Vehicles
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Request for comments.
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SUMMARY: The FHWA is requesting public comment concerning the
development of functional specifications for performance-based brake
testing machines purchased with Federal funds through the FHWA's Motor
Carrier Safety Assistance Program (MCSAP). The FHWA is nearing the
completion of a multi-year research program to evaluate prototype
performance-based brake testing technologies, including roller
dynamometers, flat-plate brake testers, breakaway torque brake testers,
an on-board electronic decelerometer, and an infrared brake temperature
measurement system. To date, the FHWA has determined that certain
performance-based brake testing machines are eligible for funding under
MCSAP, but only as screening and sorting devices in commercial vehicle
inspections. The FHWA is requesting public comments on generic
functional specifications that would be applicable to a range of brake
testing technologies. The States would use the functional
specifications as guidelines to determine whether the purchase of a
specific brake tester would be an eligible expense item under the
MCSAP.
DATES: Comments must be received on or before August 4, 1998.
ADDRESSES: Submit written, signed comments to the docket identified at
the beginning of this notice, the Docket Clerk, U.S. DOT Dockets, Room
PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. All
comments received will be available for examination at the above
address from 10 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays. Those desiring notification of receipt of comments
must include a self-addressed, stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Vehicle and
Operations Division, Office of Motor Carrier Research and Standards,
(202) 366-4009; or Mr. Steve Keppler, Intelligent Transportation
Systems--Commercial Vehicle Operations Division, Office of Motor
Carrier Safety and Technology, (202) 366-0950, or Mr. Charles E.
Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway
Administration, 400 Seventh Street, SW., Washington, D. C. 20590.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
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Electronic Access
Internet users can access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at:
http://www.access.gpo.gov/nara.
Background
In 1993, the FHWA initiated a research program to evaluate various
performance-based brake testing technologies for application to
commercial motor vehicles. The purpose of the program was to determine,
through field-test data collection, if performance-based brake
inspection technologies could improve, or assist with the throughput
and accuracy of, the current inspection techniques which involve visual
examination of components, measurement of push-rod travel on air-braked
vehicles, and listening for air leaks. Following the completion of the
first task of the program, in which various performance-based
technologies were analyzed, several of the technologies were selected
for evaluation in a roadside field-test.
During the field tests, inspections were performed using both
visual and performance-based methods to compare their ability to detect
vehicle brake defects. In particular, a Commercial Vehicle Safety
Alliance (CVSA) Level 4 inspection (consisting of the brake and tire
portion of a Level 1 inspection) was conducted in addition to a
performance-based brake test. The dual inspections were performed by
State officials in each of ten States (Colorado, Connecticut, Indiana,
Maryland, Minnesota, Nevada, Ohio, Oregon, West Virginia, Wisconsin)
that volunteered to participate in the field test program.
The data collected from these dual inspections were tabulated and
correlations were sought between Federal Motor Carrier Safety
Regulations (FMCSRs) violations, the North American Uniform Vehicle
Out-of-Service Criteria used by officials in the United States, Canada,
and Mexico, and various pass/fail criteria used by manufacturers of
performance-based technology. In addition to the performance-based
brake ``failure'' information, data relating to the operational
characteristics of each prototype machine were also collected and
evaluated. These data included setup and tear down times, vehicle
inspection times, maintenance requirements, user friendliness,
calibration procedures and results, operator skill-level requirements
and information to generate a cost-benefit analysis. A key source of
data was the interviews (performed by the researchers) with State
inspectors.
The preliminary findings from the first phase of the prototype
brake testing program are documented in an interim report, ``Evaluation
of Performance-Based Brake Testing Technologies,'' December 1995, FHWA-
MC-96-004. A copy of this report has been placed in the docket and may
be obtained by contacting one of the individuals listed at the
beginning of this notice. The interim report presents findings based
upon approximately one year of data from roller dynamometers used in
Colorado and Ohio, and a flat plate tester in Minnesota.
The first phase of the brake testing program also included an
evaluation of an on-board decelerometer, and an infrared brake
temperature measurement system. The evaluations of these technologies
did not involve a year-long data collection effort. The evaluation of
the decelerometer was conducted using Indiana school buses that were
undergoing annual summer inspections. Use of this technology in
roadside inspections appears impractical. The logistics are difficult
and the majority of the vehicles tested would be loaded with cargo in
transit--few commercial motor vehicle drivers would be willing to
perform panic stops in other than emergency situations because of the
potential damage to their cargo. The evaluation of the infrared brake
temperature measurement system was conducted in Oregon. Since criteria
for using infrared technology for detecting faulty brakes had not yet
been developed, the field-test data were collected and analyzed to
determine whether any correlation could be made between the brake
temperature data and the inspection results.
West Virginia is currently participating in the field test
evaluation of a roller dynamometer, Wisconsin is collecting data on a
flat-plate tester, and Maryland and Nevada are collecting data on
breakaway torque testers. Connecticut participated in the testing of a
roller dynamometer for several months, but elected to discontinue its
involvement in the research program. The final report on the research
program will be published later this year.
In addition to research involving State agencies, the FHWA is also
working with motor carrier fleets to provide the private sector with
the opportunity to learn about the performance-based brake testing
technologies and determine whether the use of the technologies would
benefit their maintenance programs.
Determination of Eligibility for MCSAP Funding
On April 1, 1996, the FHWA issued a memorandum advising agency
staff that two specific performance-based brake testing machines are
eligible for funding under MCSAP. On March 11, 1997, the FHWA issued
another memorandum announcing the eligibility for funding of a third
performance-based brake testing machine. Copies of the memoranda are in
the docket. The memoranda indicated that the devices are prototypes,
and are approved for screening and sorting purposes only. This means
that States may request MCSAP funding to purchase one of the approved
brake testers for use in screening or sorting vehicles at inspection
sites. Vehicles failing the brake performance test would have to be
inspected to determine the reason for the poor test results. Generally,
motor carriers cannot be cited for brake-related violations of the
FMCSRs solely on the basis of the results from a performance-based
brake tester. Currently, citations are based upon the specific defects
or deficiencies found during the in-depth inspection.
The FHWA is considering whether to the develop pass/fail criteria
for braking force that could be implemented by Federal and State
officials using performance-based brake testing technologies. As
inspection criteria or regulations are developed through the rulemaking
process, the use of the performance-based brake testing machines could
be expanded to include enforcement of the new Federal brake performance
standards. The new standards would be an alternative to the 32.2
kilometers per hour (20 miles per hour) stopping-distance test
currently specified in 49 CFR 393.52, but rarely enforced by Federal
and State officials because of the difficulty in performing such tests
at the roadside. If performance-based standards are developed through
the rulemaking process, the States would be able to issue citations
based upon the output (e.g., brake force, brake balance, deceleration,
etc.) from the brake testers.
The development of pass/fail criteria for braking force in
commercial motor
[[Page 30680]]
vehicles is being considered for rulemaking and comments are not being
requested on the topic at this time.
Public Meeting
On December 8, 1997, the FHWA held a public meeting at the National
Highway Traffic Safety Administration's (NHTSA) Vehicle Research and
Test Center to discuss the development of functional specifications for
performance-based brake testers. A notice announcing the meeting was
published in the Federal Register on November 13, 1997 (62 FR 60817).
In addition to the FHWA and NHTSA, the following companies were
represented at the public meeting: Battelle; B & B Automotive; B & G
Technologies, Inc; Dennis National Lease; Hicklin Engineering; Hunter
Engineering Company; Gooch Brake; MGM Brakes; Motion Control
Industries, Inc.; Nepean Engineering Pty. Ltd.; Radlinski & Associates,
Inc.; and Truckalyser Canada, Inc.
Most of the participants at the public meeting were either
manufacturers of performance-based brake testers or distributors of
such devices. The participants reviewed a draft of the functional
specifications presented in the appendix to this notice. The comments
from the participants have been incorporated to the extent practicable.
Request for Comments
The FHWA is requesting comments from all interested parties on the
functional specifications in the appendix to this notice. Although
participants at the public meeting provided very helpful comments, the
agency is requesting additional comments through this notice to ensure
that all interested persons who were unable to attend the public
meeting have an opportunity to comment on this subject.
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket room at the above address. Comments
received after the comment closing date will be filed in the docket and
will be considered to the extent practicable, but the FHWA may adopt,
and publish in the Federal Register, final functional specifications at
any time after the close of the comment period. In addition to late
comments, the FHWA will also continue to file in the docket relevant
information that becomes available after the comment closing date, and
interested persons should continue to examine the docket for new
material.
Authority: 49 U.S.C. 31136, 31502; and 49 CFR 1.48.
Issued on: May 20, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
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[FR Doc. 98-14678 Filed 6-4-98; 8:45 am]
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