[Federal Register Volume 68, Number 213 (Tuesday, November 4, 2003)]
[Proposed Rules]
[Pages 62417-62421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27657]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-1999-6550; Notice 3]
RIN 2127-AI63


Federal Motor Vehicle Safety Standards; Hydraulic and Electric 
Brake Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: In this document, NHTSA proposes to amend the Federal motor 
vehicle safety standard on hydraulic and electric brake systems to 
include an option for the use of a roll bar structure during specified 
testing of brake systems in single unit trucks and buses. This option 
is already available during similar testing of air braked trucks and 
buses. We tentatively conclude that permitting the use of a roll bar 
structure would help protect drivers and technicians in the event of a 
rollover during testing of hydraulically-braked trucks and buses. The 
safety of drivers and technicians is a primary concern during vehicle 
testing. The use of a roll bar structure would offer protection to the 
drivers and technicians performing brake tests conducted at lightly 
loaded vehicle weight.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than January 5, 2004.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
NHTSA-1999-6550] by any of the following methods:
    [sbull] Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Submission of 
Comments heading of the Supplementary Information section of this 
document. Note that all comments received will be posted without change 
to http://dms.dot.gov, including any personal information provided. 
Please see the Privacy Act heading under Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call 
Samuel Daniel Jr., Safety Standards Engineer, Office of Crash Avoidance 
Standards, Vehicle Dynamics Division, at (202) 366-4921, and fax him at 
(202) 493-2739.
    For legal issues, you may call Christopher Calamita of the NHTSA 
Office of Chief Counsel, at (202) 366-2992, and fax him at (202) 366-
3820.
    You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 400 Seventh St., SW., 
Washington, DC, 20590.

SUPPLEMENTARY INFORMATION:

I. Background

    NHTSA has two brake standards for medium and heavy vehicles. 
Federal Motor Vehicle Safety Standard (FMVSS) No. 105, Hydraulic and 
electric brake systems, applies to vehicles with hydraulic brakes. 
FMVSS No. 121, Air brake systems, applies to vehicles with air brakes.
    FMVSS No. 105 and 121 have similar brake performance requirements, 
but the two standards differ with respect to their specifications 
concerning the use of a roll bar during these tests. Roll bars are 
sometimes added to vehicles for brake testing if there are concerns 
about a possible vehicle rollover.
    Air braked vehicles--roll bar use in braking-in-a-curve test. On 
March 10, 1995, NHTSA published a final rule amending FMVSS No. 121 
requiring all air braked vehicles to be equipped with antilock brake 
systems (ABS) (60 FR 13216). The amendments to FMVSS No. 121 included a 
braking-in-a-curve performance test for truck tractors. Due to concern 
of potential vehicle rollover, the agency also included a 
manufacturer's option for using a roll bar structure during performance 
of that test at lightly loaded vehicle weight (LLVW). Loading of a 
vehicle to test at the gross vehicle weight rating (GVWR) already 
afforded manufacturers the opportunity to use a roll bar structure.
    Air braked vehicles--roll bar use in straight line stop and parking 
brake grade holding tests. In response to a petition from the Truck 
Manufacturers Association, we published a final rule correcting and 
clarifying the air brake standard (66 FR 64154; December 12, 2001). The 
December 2001 final rule permitted the use of a roll bar structure for 
vehicles tested at lightly loaded vehicle weight in certain FMVSS No. 
121 tests, including the 60 mph straight-line stop and the parking 
brake grade holding tests. In extending the option

[[Page 62418]]

for using a roll bar structure to these tests, we determined that the 
roll bar option is equally appropriate for tractors as well as single-
unit vehicles.
    Hydraulic braked vehicles--roll bar use in braking-in-a-curve test. 
On August 11, 2003, NHTSA published a final rule for braking-in-a-curve 
test requirements for ABS equipped single-unit trucks and buses with a 
GVWR greater than 10,000 pounds (68 FR 47485). Again, the concerns 
regarding possible rollover led NHTSA to grant manufacturers the option 
to use a roll bar structure for single-unit trucks and buses undergoing 
the braking-in-a-curve test under FMVSS No. 105.

II. Proposal To Permit Use of Roll Bar in Additional Brake Performance 
Tests of Hydraulically-Braked Trucks and Buses

    In this document, we are proposing to amend FMVSS No. 105 to give 
manufacturers the option of using a roll bar structure for medium and 
heavy vehicles during additional brake testing at lightly loaded 
vehicle weight. Performance testing of brake systems at LLVW on 
vehicles with a GVWR greater than 10,000 pounds may result in vehicle 
rollover because of the configuration of these vehicles. Trucks and 
buses with a GVWR greater than 10,000 pounds often have a high center 
of gravity resulting in a low rollover threshold. Rollover threshold is 
the lateral acceleration at which a vehicle will roll over and for 
trucks and buses with a GVWR greater than 10,000 pounds it is usually 
0.5 g or less. In contrast, a typical light vehicle has a rollover 
threshold between 0.8 g and 1.2 g. For tests performed at GVWR, 
manufacturers can already include roll bar structure weight in the 
vehicle weight to provide test drivers and technicians additional 
safety. This proposal would permit, at manufacturer's option, the use 
of a roll bar structure on these vehicles undergoing testing at LLVW.
    Hydraulically-braked vehicles with a GVWR greater than 10,000 
pounds must meet the requirements of FMVSS No. 105, including 60 mph 
straight-line stopping distance requirements and, for heavy school 
buses, parking brake requirements. During straight line stop testing, 
an equipment malfunction or a problem with the ABS can create the 
potential for these trucks and buses to yaw. Because of the low 
rollover threshold, these vehicles may roll over if they experience yaw 
at test speeds. During the parking brake test, while the vehicle is in 
the forward direction on a 20 percent grade, a failure of the brake 
system on one side of the vehicle can also cause the vehicle to yaw and 
perhaps roll over.
    Currently, heavy school buses are the only vehicles with a GVWR 
greater than 10,000 pounds required by FMVSS No. 105 to meet the 
parking brake requirements. However, the agency has requested comments 
on a proposal that would require all hydraulically braked vehicles with 
a GVWR greater than 10,000 pounds to have parking brakes that meet 
these same requirements (67 FR 66098).
    The agency also notes that single-unit trucks with a GVWR greater 
than 10,000 pounds may undergo brake system testing either as completed 
trucks or as chassis-cabs without bodies or equipment that would 
normally be installed by a final-stage manufacturer. A completed 
vehicle is likely to have more structure to protect a test driver than 
an incomplete vehicle. If a completed truck were to roll over, the 
impact force would be distributed across the body and cab of the truck. 
In the absence of a body or additional equipment during testing of a 
chassis-cab, the vehicle cab would receive a greater impact force 
during a rollover, increasing the potential of harm to the driver. 
Permitting the use of a roll bar would allow manufacturers to provide 
additional protection for the test driver in the event of a rollover.
    The same concerns for vehicle rollover present in testing for FMVSS 
No. 121 are present in testing for FMVSS No. 105. Under FMVSS No. 121, 
NHTSA gives manufacturers the option of using a roll bar structure on 
trucks and buses tested at LLVW to improve safety for test drivers and 
technicians. This proposed amendment would permit the use of a roll bar 
structure on any vehicle with a GVWR greater than 10,000 pounds during 
FMVSS No. 105 compliance testing of the parking brake system at LLVW, 
the service brake system at LLVW, and the service brake system in 
partial failure mode at LLVW.

III. Compliance Date

    The amendments proposed here do not impose any new requirements. 
Instead, the agency proposal would simply allow manufacturers the 
option of a roll bar as an added safety measure during the specified 
compliance tests. Since these proposed amendments would relieve a 
restriction and promote safety for test drivers, NHTSA proposes that 
they become effective 30 days after publication of the final rule in 
the Federal Register.

IV. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budget impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    This rulemaking document was not reviewed by the Office of 
Management and Budget under E.O. 12866. It is also not considered to be 
significant under the Department's Regulatory Policies and Procedures 
(44 FR 11034; February 26, 1979).
    This document proposes to amend 49 CFR 571.105 by including a 
manufacturer's option for the use of a roll bar structure during the 
performance testing of hydraulic brake systems. The proposed amendment 
would allow at manufacturer's option the use of a roll bar structure 
when testing hydraulic braked vehicles with a GVWR greater than 10,000 
pounds at lightly loaded vehicle weight. Because of the configuration 
of these vehicles they are susceptible to roll over during testing. We 
tentatively conclude that permitting the use of a roll bar structure 
would help protect drivers and technicians in the event of a rollover 
during these tests. As noted above, the amendments proposed here do not 
impose any new requirements. Instead, the agency proposal would simply 
allow manufacturers the option of a roll bar as an added safety measure 
during the specified compliance tests. The proposal's impacts are so 
small that a full regulatory evaluation was not prepared.

[[Page 62419]]

B. Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., NHTSA has evaluated the effects of this proposed action on small 
entities. I hereby certify that this notice of proposed rulemaking 
would not have a significant impact on a substantial number of small 
entities.
    The following is the agency's statement providing the factual basis 
for the certification (5 U.S.C. 605(b)). The amendments proposed herein 
would primarily affect manufacturers of medium and heavy weight trucks. 
The Small Business Administration (SBA) regulation at 13 CFR part 121 
organizes size standards according to the Standard Industrial 
Classification (SIC) codes. SIC code number 3711, Motor Vehicles and 
Passenger Car Bodies, prescribes a small business size standard of 
1,000 or fewer employees. SIC codes No. 3714, Motor Vehicle Part and 
Accessories, prescribes a small business size standard of 750 or fewer 
employees.
    Most of the intermediate and final stage manufacturers of vehicles 
built in two or more stages have 1,000 or fewer employees. However, the 
agency expects testing for FMVSS No. 105 to be conducted by the 
original equipment manufacturers, most, if not all, of which do not 
qualify as a small business under SBA guidelines. Further, if adopted, 
the proposed amendments would not require use of the roll bar structure 
and therefore would not require any increased costs or other burdens on 
truck manufacturers. The proposed amendments to FMVSS No. 105 would 
permit the use of a roll bar structure at the manufacturer's option, on 
test vehicles undergoing brake testing. Accordingly, there would be no 
significant impact on small businesses, small organizations, or small 
governmental units by these amendments. For these reasons, the agency 
has not prepared a preliminary regulatory flexibility analysis.

C. Executive Order No. 13132

    NHTSA has analyzed this proposed rule in accordance with the 
principles and criteria set forth in Executive Order 13132, Federalism 
and has determined that this proposal does not have sufficient Federal 
implications to warrant consultation with State and local officials or 
the preparation of a Federalism summary impact statement. The proposal 
would not have any substantial impact on the States, or on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials.

D. National Environmental Policy Act

    NHTSA has analyzed this proposal for the purposes of the National 
Environmental Policy Act. The agency has determined that implementation 
of this action would not have any significant impact on the quality of 
the human environment.

E. Paperwork Reduction Act

    This proposed rule does not contain any collection of information 
requirements requiring review under the Paperwork Reduction Act of 1995 
(Pub. L. 104-13).

F. National Technology Transfer and Advancement Act

    Under the National Technology Transfer and Advancement Act of 1995 
(NTTAA) (Pub. L. 104-113), ``all Federal agencies and departments shall 
use technical standards that are developed or adopted by voluntary 
consensus standards bodies, using such technical standards as a means 
to carry out policy objectives or activities determined by the agencies 
and departments.'' Society of Automotive Engineers (SAE) Recommended 
Practice J1626 APR96, Braking, Stability, and Control Performance Test 
Procedures for Air-Brake-Equipped Truck Tractors, includes an option 
for using a roll bar structure for testing at LLVW. While the SAE 
practice applies to air braked trucks, the SAE tests performed at LLVW 
are similar to tests performed at LLVW under FMVSS No. 105. The 
proposed amendment would permit the use of a roll bar structure in a 
similar manner as the SAE recommended practice.

G. Civil Justice Reform

    This proposal would not have any retroactive effect. Under 49 
U.S.C. 21403, 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. 21461 sets forth a procedure for judicial 
review of final rules 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.

H. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written assessment of the costs, benefits and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local or tribal governments, in the 
aggregate, or by the private sector, of more than $100 million annually 
(adjusted for inflation with base year of 1995). This rulemaking would 
not result in expenditures by State, local or tribal governments, in 
the aggregate, or by the private sector in excess of $100 million 
annually.

I. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

J. Executive Order 13045

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under E.O. 12866, and (2) concerns an environmental, health, or 
safety risk that NHTSA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by us.
    This proposed rule is not subject to the Executive Order because it 
is not economically significant as defined in E.O. 12866 and does not 
involve decisions based on environmental, health, or safety risks that 
disproportionately affect children. The proposed rule, if made final, 
would permit manufacturers to use a roll bar structure when testing 
medium and heavy hydraulic braked trucks and buses at LLVW.

K. Executive Order 13211

    Executive order 13211 (66 FR 28355, May 18, 2001) applies to any 
rule that: (1) Is determined to be economically significant as defined 
under E.O. 12866, and is likely to have a significant adverse effect on 
the supply of, distribution, or use of energy; or (2) that is 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action. If made final, this 
rulemaking would permit the voluntary and limited use of

[[Page 62420]]

a roll bar structure during brake testing. Therefore this proposal was 
not analyzed under E.O. 13211.

L. Plain Language

    Executive Order 12866 and the President's memorandum of June 1, 
1998, require each agency to write all rules in plain language. 
Application of the principles of plain language includes consideration 
of the following questions:
    [sbull] Have we organized the material to suit the public's needs?
    [sbull] Are the requirements in the rule clearly stated?
    [sbull] Does the rule contain technical language or jargon that 
isn't clear?
    [sbull] Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
    [sbull] Would more (but shorter) sections be better?
    [sbull] Could we improve clarity by adding tables, lists, or 
diagrams?
    [sbull] What else could we do to make the rule easier to 
understand?
    If you have any responses to these questions, please include them 
in your comments on this proposal.

M. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

V. Submission of Comments

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES. Comments may also be submitted to the docket electronically 
by logging onto the Dockets Management System Web site at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
instructions for filing the document electronically. Please note, if 
you are submitting comments electronically as a PDF (Adobe) file, we 
ask that the documents submitted be scanned using Optical Character 
Recognition (OCR) process, thus allowing the agency to search and copy 
certain portions of your submissions.\1\
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    \1\ Optical character recognition (OCR) is the process of 
converting an image of text, such as a scanned paper document or 
electronic fax file, into computer-editable text.
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How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation (49 CFR part 512).

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider it in 
developing a final rule (assuming that one is issued), we will consider 
that comment as an informal suggestion for future rulemaking action.

How Can I Read the Comments Submitted by Other People?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location. You may also see the comments on 
the Internet. To read the comments on the Internet, take the following 
steps:
    (1) Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/).
    (2) On that page, click on ``search.''
    (3) On the next page (http://dms.dot.gov/search/), type in the 
four-digit docket number shown at the beginning of this document. 
Example: If the docket number were ``NHTSA-1998-1234,'' you would type 
``1234.'' After typing the docket number, click on ``search.''
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments. However, since the comments are imaged 
documents, instead of word processing documents, the downloaded 
comments are not word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, and Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
part 571 as set forth below.

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.


[[Page 62421]]


    2. Section 571.105 would be amended by revising S6.1.2, S7.7.3, 
S7.8, and S7.9.1 to read as follows:


Sec.  571.105  Standard No. 105; Hydraulic and electric braking 
systems.

* * * * *
    S6.1.2 For applicable tests specified in S7.5(a), S7.7, S7.8, and 
S7.9, vehicle weight is lightly loaded vehicle weight, with the added 
weight, except for the roll bar structure allowed for trucks and buses 
with a GVWR greater than 10,000 pounds, distributed in the front 
passenger seat area in passenger cars, multipurpose passenger vehicles, 
and trucks, and in the area adjacent to the driver's seat in buses.
* * * * *
    S7.7.3 Lightly loaded vehicle. Repeat S7.7.1 or S7.7.2 as 
applicable except with the vehicle at lightly loaded vehicle weight or 
at manufacturer's option, for a vehicle with GVWR greater than 10,000 
pounds, at lightly loaded vehicle weight plus not more than an 
additional 1,000 pounds for a roll bar structure on the vehicle.
* * * * *
    S7.8 Service brake system test--lightly loaded vehicle (third 
effectiveness) test. Make six stops from 60 mph with vehicle at lightly 
loaded vehicle weight, or at the manufacturer's option for a vehicle 
with GVWR greater than 10,000 pounds, at lightly loaded vehicle weight 
plus not more than an additional 1,000 pounds for a roll bar structure 
on the vehicle. (This test is not applicable to a vehicle which has a 
GVWR of not less than 7,716 pounds and not greater than 10,000 pounds 
and is not a school bus.)
    S7.9 Service brake system test--partial failure.
    S7.9.1 With the vehicle at lightly loaded vehicle weight or at the 
manufacturer's option for a vehicle with a GVWR greater than 10,000 
pounds, at lightly loaded vehicle weight plus not more than an 
additional 1,000 pounds for a roll bar structure on the vehicle, alter 
the service brake system to produce any one rupture or leakage type of 
failure, other than a structural failure of a housing that is common to 
two or more subsystems. Determine the control force, pressure level, or 
fluid level (as appropriate for the indicator being tested) necessary 
to activate the brake system indicator lamp. Make four stops if the 
vehicle is equipped with a split service brake system, or 10 stops if 
the vehicle is not so equipped, each from 60 mph, by a continuous 
application of the service brake control. Restore the service brake 
system to normal at completion of this test.
* * * * *

    Issued on: October 29, 2003.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 03-27657 Filed 11-3-03; 8:45 am]
BILLING CODE 4910-59-P