[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Proposed Rules]
[Pages 45792-45793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22951]



[[Page 45792]]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393


Public Meeting to Discuss the Development of In-Service Brake 
Performance Standards for Commercial Motor Vehicles Inspected With 
Performance-Based Brake Testers

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: The FHWA is announcing a public meeting to discuss the 
development of commercial motor vehicle brake force regulations that 
could be enforced by Federal and State officials using performance-
based brake testing technologies. The FHWA is nearing the completion of 
a research program to evaluate certain performance-based brake testing 
technologies, including roller dynamometers, flat-plate testers, 
breakaway torque brake testers, an on-board decelerometer, and an 
infrared brake temperature measurement system. Currently performance-
based brake testers may be used in commercial motor vehicle inspections 
but only as screening and sorting devices because there are no Federal 
regulations that make reference to brake force measurements as a means 
of determining whether a vehicle has adequate braking capability. The 
recommendations from the researchers would, if adopted by the FHWA, 
enable Federal and State officials to use performance-based brake 
testers as both screening tools and enforcement tools when vehicles 
with inadequate braking capability are identified. The purpose of the 
public meeting is to provide interested parties an opportunity to 
review and comment on the researchers' recommendations.

DATES: The meeting will be held on October 2, 1998. The meeting will 
begin at 9:00 a.m. and end at 4:30 p.m.

ADDRESSES: The meeting will be held at the Hyatt Regency Rochester 
Hotel, 125 East Main Street in Rochester, New York.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Vehicle and 
Operations Division, Office of Motor Carrier Research and Standards, 
(202) 366-4009; Ms. Kate Hartman, Commercial Vehicle Operations 
Division, Office of Motor Carrier Safety and Technology, (202) 366-
0950, Federal Highway Administration, 400 Seventh Street, SW., 
Washington, DC. 20590. Office hours are from 7:45 a.m. to 4:15 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Federal Register 
Electronic Bulletin Board Service at (202) 512-1661. Internet users may 
reach the Federal Register's home page at: http://www.nara.gov/nara/
fedreg and the Government Printing Office's database at: http://
www.access.gpo.gov/su__docs.

Background

    In 1993, the FHWA initiated a research program to evaluate various 
performance-based brake testing technologies for use on 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 systems were selected for evaluation in a 
roadside field-test inspection program.
    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 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 eight States that volunteered to participate in 
the field test program.
    The data collected from these dual inspections were tabulated and 
correlations were sought between: (1) Violations of the Federal Motor 
Carrier Safety Regulations (FMCSRs) and the North American Uniform 
Vehicle Out-of-Service Criteria used by officials in the United States, 
Canada, and Mexico, and (2) 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 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 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.
    Subsequent to the publication of the interim report, West Virginia 
participated 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 has been submitted to the FHWA by the researchers and will 
be published by the FHWA later this year.

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 the Motor Carrier Safety Assistance Program 
(MCSAP). On March 11, 1997, the FHWA issued another memorandum 
announcing the eligibility for funding of a third performance-based 
brake testing machine. 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 cites.
    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 purchased with Federal funds through 
the MCSAP. A notice announcing the meeting was published in the Federal 
Register on November 13, 1997 (62 FR 60817). The FHWA indicated that 
the

[[Page 45793]]

final version of the functional specifications would be used by the 
States as guidelines to determine whether the purchase of a specific 
brake tester would be an eligible expense item under the MCSAP.
    On June 5, 1998, the FHWA published a notice in the Federal 
Register requesting public comment on the functional specifications (63 
FR 30678). The comments from the participants in the December 8, 1997, 
public meeting were incorporated to the extent practicable prior to the 
publication of the June 5, 1998, notice. The FHWA will discuss the 
comments received and present the final version of the function 
specifications in a separate notice to be published in the Federal 
Register at a later date.

Development of In-Service Brake Performance Standards

    Currently, vehicles that fail a brake performance test must be 
inspected to determine the reason for the poor test results. 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 because the current regulations do not make reference to the 
specific aspects of brake performance that are evaluated by the brake 
testers. Therefore citations are based upon the specific defects or 
deficiencies found during the in-depth inspection.
    The FHWA is considering the development of pass/fail criteria for 
braking force that could be enforced 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 stopping 
distances from 32.2 kilometers per hour (20 miles per hour) currently 
specified in 49 CFR 393.52 but rarely enforced by Federal and State 
officials because of difficulties in performing such tests at roadside. 
If brake force standards are developed through the rulemaking process, 
Federal, State, and local government inspectors would be able to issue 
citations based upon the output from the brake testers. The public 
meeting will provide interested parties with the opportunity to discuss 
with the FHWA and the researchers, recommendations for brake force 
standards.
    In addition to a discussion about brake force standards, there will 
be a presentation and discussion of the results from recently completed 
round-robin tests of performance-based brake testers. During the tests, 
a variety of performance-based brake testers were used to evaluate the 
same test vehicles, a five-axle tractor-semitrailer combination vehicle 
and a two-axle single-unit truck. The results from the round-robin 
tests will enable the researchers and the FHWA to make direct 
comparisons between the force measurements from certain brake testers 
and stopping distances from 32.2 km/hr, and help resolve concerns about 
using the brake testers for enforcement purposes.

List of Subjects in 49 CFR Part 393

    Highways and roads, Motor carriers, Motor vehicle equipment, Motor 
vehicle safety.

    Authority: 49 U.S.C. 31136, 31502; 49 CFR 1.48.

    Issued on: August 20, 1998.
Jill L. Hochman,
Acting Associate Administrator for Motor Carriers.
[FR Doc. 98-22951 Filed 8-26-98; 8:45 am]
BILLING CODE 4910-22-P