[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Rules and Regulations]
[Pages 75486-75489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27595]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-04-19892]
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: Final rule.

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SUMMARY: In this document, NHTSA is establishing an option in the 
Federal motor vehicle safety standard on hydraulic and electric brake 
systems to permit the use of a roll bar structure during specified 
testing of brake systems in single unit trucks and buses. This option 
is already available for similar testing of air braked trucks and 
buses. Permitting the use of a roll bar structure will 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 offers protection to the drivers and technicians 
performing brake tests conducted at lightly loaded vehicle weight.

DATES: Effective date: This final rule is effective January 18, 2005.
    Petitions: Petitions for reconsideration must be received by 
January 31, 2005, and should refer to this docket and the notice number 
of this document and be submitted to: Administrator, National Highway 
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590.
    Note that all petitions received will be posted without change to 
http://dms.dot.gov including any personal information provided. Please 
see the Privacy Act heading under Rulemaking Analysis and 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 Street, SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. Background and Proposed Rulemaking

    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.
    Although FMVSS No. 105 and 121 have similar brake performance 
requirements, the two standards have differed 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.
    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 braking-in-a-curve performance 
test for truck tractors adopted in that final rule 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.
    On December 12, 2001, the agency extended the option for use of a 
roll bar structure on vehicles tested at lightly loaded vehicle weight 
in other FMVSS No. 121 tests, including the 60 mph straight-line stop 
and the parking brake grade holding tests (66 FR 64154). In extending 
the option 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.
    NHTSA then established braking-in-a-curve test requirements for 
hydraulic-

[[Page 75487]]

braked single-unit trucks and buses that are equipped with ABS and have 
a GVWR greater than 10,000 pounds (68 FR 47485; August 11, 2003). 
Again, the concerns regarding possible rollover led NHTSA to grant 
manufacturers the option to use a roll bar structure on single-unit 
trucks and buses undergoing the braking-in-a-curve test under FMVSS No. 
105.
    On November 4, 2003, the agency published a notice of proposed 
rulemaking to 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 
(68 FR 62421). No comments were received.

II. Final Rule

    We are amending FMVSS No. 105 as proposed in the November 2003 
notice. Today's final rule gives manufacturers the option of using a 
roll bar structure on medium and heavy vehicles during 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.
    As explained in the notice of proposed rulemaking, 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 final rule permits, 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; October 30, 2002).
    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 allows manufacturers to provide 
additional protection for the test driver in the event of a rollover.

III. Effective Date

    This final rule does not impose any new requirements. Instead, it 
simply allows manufacturers the option of a roll bar as an added safety 
measure during the specified compliance tests. Since this final rule 
relieves a restriction and promotes safety for test drivers, it will 
become effective 30 days after the date of this publication.

IV. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 JR 
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 amends 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 amendment allows, 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 conclude 
that permitting the use of a roll bar structure will help protect 
drivers and technicians in the event of a rollover during these tests. 
As noted above, today's final rule does not impose any new 
requirements. Instead, the final rule simply allows manufacturers the 
option of a roll bar as an added safety measure during the specified 
compliance tests. The impacts are so small that a full regulatory 
evaluation was not prepared.

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.
    As explained above, the final rule does not require use of a roll 
bar structure and therefore does not impose any increased costs or 
other burdens on truck manufacturers. The final rule simply permits the 
use of a roll bar structure at the manufacturer's option, on test 
vehicles undergoing brake testing. Accordingly, there is no significant 
impact on small businesses, small organizations, or small

[[Page 75488]]

governmental units by these amendments.

C. Executive Order No. 13132

    NHTSA has analyzed this final rule in accordance with the 
principles and criteria set forth in Executive Order 13132, Federalism 
and has determined that this final rule does not have sufficient 
Federal implications to warrant consultation with State and local 
officials or the preparation of a federalism summary impact statement. 
The final rule does 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 final rule for the purposes of the National 
Environmental Policy Act. The agency has determined that implementation 
of this action will not have any significant impact on the quality of 
the human environment.

E. Paperwork Reduction Act

    This final 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 final 
rule permits the use of a roll bar structure in a manner similar to 
that in the SAE recommended practice.

G. Civil Justice Reform

    The final rule does 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 will 
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. 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.

List of Subjects in 49 CFR Part 571

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

0
In consideration of the foregoing, NHTSA is amending 49 CFR part 571 as 
set forth below.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; 
delegation of authority at 49 CFR 1.50.


0
2. Section 571.105 is 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 vehicles 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 
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.)
* * * * *
    S7.9.1 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

[[Page 75489]]

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.
* * * * *

    Dated: Issued on December 13, 2004.
Jeffrey W. Runge,
Administrator.
[FR Doc. 04-27595 Filed 12-16-04; 8:45 am]
BILLING CODE 4910-59-M