[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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