[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37706-37713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12880]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-05-21400]
RIN 2127-AI47


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: This document amends the Federal motor vehicle safety standard 
on hydraulic and electric brake systems to extend the current minimum 
performance requirements and associated test procedures for parking 
brake systems to all multipurpose passenger vehicles (MPVs), buses and 
trucks with gross vehicle weight ratings (GVWR) greater than 10,000 
pounds (4,536 kilograms) equipped with hydraulic or electric brake 
systems. Currently, the only vehicles with GVWRs greater than 10,000 
pounds to which the standard's parking brake requirements apply are 
school buses. The agency concludes that it is in the interest of safety 
to require all MPVs, buses and trucks with GVWRs over 10,000 pounds to 
have parking brakes that meet the performance requirements currently 
applicable to heavy school buses.

DATES: This final rule takes effect June 30, 2006, except for the 
revision of the heading of 49 CFR 571.135, which takes effect June 30, 
2005. The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of June 30, 2006.
    Any petitions for reconsideration of today's final rule must be 
received by NHTSA not later than August 15, 2005.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number for

[[Page 37707]]

this action and be submitted to: Administrator, National Highway 
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, Mr. Samuel 
Daniel, Vehicle Dynamics Division, Office of Crash Avoidance Standards 
(Telephone: 202-366-4921) (Fax: 202-366-7002).
    For legal issues, Ms. Dorothy Nakama, Office of the Chief Counsel 
(Telephone: 202-366-2992) (Fax: 202-366-3820).
    Both can be reached by mail at the National Highway Traffic Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Notice of Proposed Rulemaking
    A. The Safety Need
    B. Costs and Benefits
    C. Additional Issues
III. Public Comments and NHTSA's Response
    A. Applicability of the NPRM to Trailers
    B. Engagement Effort Threshold of Hand and Foot-Operated Parking 
Brakes
    C. Retrofitting of Parking Brakes
    D. Issues Raised by ArvinMeritor
    E. Leadtime
IV. Final Rule
V. Statutory Bases for the Final Rule
VI. Regulatory Analyses and Notices
    A. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    B. Regulatory Flexibility Act
    C. National Environmental Policy Act
    D. Executive Order 13132 (Federalism)
    E. Executive Order 12988 (Civil Justice Reform)
    F. Paperwork Reduction Act
    G. National Technology Transfer and Advancement Act
    H. Unfunded Mandates Reform Act of 1995
    I. Plain Language
    J. Regulation Identifier Number (RIN)
Final Regulatory Text

I. Background

    Federal Motor Vehicle Safety Standard No. 105, Hydraulic and 
electric brake systems, sets forth minimum performance requirements for 
a vehicle's service and parking brake systems. Originally, the standard 
applied exclusively to passenger cars with hydraulic brake systems.\1\ 
Over the years, the agency has published several rulemaking actions on 
FMVSS No. 105.\2\ Among other actions, on January 16, 1976, the agency 
extended the standard's service and parking brake requirements to 
school buses with hydraulic service brake systems (41 FR 2391). On 
January 2, 1981 (46 FR 55), NHTSA published a final rule extending 
Standard No. 105's parking brake requirements to multipurpose passenger 
vehicles, trucks, and buses with a GVWR of 4,536 kilograms (10,000 
pounds) or less. Among other things, the January 2, 1981 final rule 
required parking brakes on multipurpose passenger vehicles, trucks, and 
buses with a GVWR of 4,536 kilograms (10,000 pounds) or less to hold 
the vehicle stationary, in both forward and reverse directions, for 
five minutes on a 30 percent grade. In response to three petitions for 
reconsideration, the agency decided to change the gradient requirement 
for parking brakes on these vehicles from 30 percent to 20 percent (46 
FR 61887, Dec. 21, 1981). Later, the agency established FMVSS No. 135, 
which originally applied to passenger cars only. In a final rule of 
September 30, 1997 (62 FR 51064), NHTSA extended the applicability of 
FMVSS No. 135 to multipurpose passenger vehicles, trucks, and buses 
with gross vehicle weight ratings (GVWR) of 3,500 kilograms (7,716 
pounds) or less. These vehicles were previously regulated under FMVSS 
No. 105.
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    \1\ The agency extended Standard No. 105 to brake systems on 
electric vehicles in a final rule published on September 5, 1997 (62 
FR 46907).
    \2\ A full description of these rulemaking actions is provided 
in the notice of proposed rulemaking to amend FMVSS No. 105 of 
October 30, 2002 (67 FR 66098, at 66098).
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II. Notice of Proposed Rulemaking

    On October 30, 2002 (67 FR 66098), NHTSA published a notice of 
proposed rulemaking to amend FMVSS No. 105 to extend the current 
minimum performance requirements and associated test procedures for 
parking brake systems to all vehicles with gross vehicle weight ratings 
(GVWR) greater than 4,536 kilograms (10,000 pounds). In the NPRM, NHTSA 
explained the safety need for the rule, and discussed the costs and 
safety benefits that would result from the rule.

A. The Safety Need

    In explaining the safety need for the rule, the agency stated its 
belief that parking brakes are an important operational safety feature 
and tentatively concluded that it is in the interest of safety to 
require that all vehicles be equipped with parking brakes that comply 
with Federal requirements. When properly engaged, parking brakes can 
prevent driverless roll-away events, which can result in collisions, 
injuries, and fatalities. A review of the agency's Fatality Analysis 
Reporting System (FARS) database indicated that a total of three to 
five fatal vehicle roll-away events involving large, hydraulically-
braked, non-school bus vehicles occurred between 1991 and 1999. 
Additionally, during that same period, there were annually about 574 
crashes with 82 injured people resulting from roll-away, heavy duty 
trucks, according to data from the General Estimates System (GES). The 
GES data are not sufficiently detailed to determine which of the 
vehicles were hydraulically-braked and which were air-braked, nor could 
the data be used to determine if the vehicles were parked prior to the 
roll-away incident. Therefore, these figures likely represented the 
upper bound of the number of crashes and injuries caused by the rolling 
away, due to parking brake problems, of parked, heavy duty trucks and 
buses equipped with hydraulic brakes.
    Many of the driverless roll-away events may have been caused by 
misapplication or non-use of the parking brake. Requiring all heavy 
vehicles to meet the same parking brake performance requirements would 
not affect the non-use problem; however, it might increase the 
likelihood that operators of these vehicles (particularly fleet drivers 
who must operate a large number of different heavy vehicles) would be 
better able to engage their vehicle's parking brake fully because the 
force required to apply the parking brake would be standardized. This 
might reduce the incidence of parking brake misapplication. In 
addition, NHTSA stated its belief that requiring that all heavy 
vehicles remain stationary with the parking brake fully engaged, in 
both forward and reverse directions, when parked on a 20 percent grade, 
should prevent the occurrence of driverless roll-away events due to 
parking brake failure on most roads in the United States because most 
U.S. roads have less than a 20 percent grade. NHTSA tentatively 
concluded that requiring all vehicles to which Standard No. 105 applies 
to have parking brakes meeting the standard's effort limit and gradient 
requirements should decrease the likelihood of driverless roll-away 
events and, therefore, lead to modest collision, injury, and fatality 
reduction benefits.
    As explained more fully below, in the section on costs and 
benefits, NHTSA stated its belief that most, if not all, heavy vehicles 
are already manufactured with parking brakes designed to meet Standard 
No. 105's requirements. However, requiring manufacturers to certify the 
performance of the parking brakes on these heavy vehicles would provide 
added assurance that they actually meet the standard's requirements. It 
would also guard against the possibility of a decrease in performance 
of these parking brakes due to future truck chassis design changes.

[[Page 37708]]

    NHTSA noted that Paragraph S5.2 of the standard currently requires 
that all heavy school buses be manufactured with a parking brake of a 
friction type with a solely mechanical means to retain engagement. Such 
parking brakes are required to meet the standard's effort limit and 
gradient requirements, found in paragraphs S5.2(b) and S5.2.3, 
respectively. Paragraph S5.2(b) requires that the parking brake be 
capable of being engaged fully with a force applied to the control of 
not more than 150 pounds for a foot-operated system and not more than 
125 pounds for a hand-operated system. Paragraph S5.2.3 requires that 
the parking brake system be capable of holding the vehicle stationary 
for five minutes, in both forward and reverse directions, on a 20 
percent grade.
    NHTSA believes that it is reasonable to assume that operators of 
heavy school buses and other heavy vehicles are of similar size and 
strength. In addition, the agency stated its belief that heavy school 
buses and other heavy vehicles are parked in similar environments. 
Therefore, the agency tentatively concluded that it is appropriate to 
apply the same effort limit and gradient requirements (and associated 
test procedures) to these vehicles as are currently applied to heavy 
school buses.

B. Costs and Benefits

    In late 2002, several heavy vehicle manufacturers informed NHTSA 
that, among other things, parking brake systems for trucks and buses 
with GVWRs greater than 4,536 kilograms (10,000 pounds) are already 
designed to meet the FMVSS No. 105 requirements for school buses over 
4,536 kilograms. Based on the manufacturer's views, NHTSA estimated 
that the cost of requiring all manufacturers of non-school buses and 
trucks with GVWRs greater than 4,536 kilograms (10,000 pounds) to meet 
the standard's parking brake requirements would be minimal (less than 
$10 per vehicle) because few, if any, modifications to the already 
existing parking brakes would be necessary to bring those brakes into 
compliance with the standard. NHTSA further stated that the cost of 
conducting the parking brake compliance test should not be significant 
when compared to the total cost of FMVSS No. 105 compliance testing. 
The agency stated its belief that most test facilities already have the 
20 percent grade slope that was proposed in the NPRM, and that the 
proposed test procedure is straightforward and not time consuming. 
Accordingly, the agency stated that it did not anticipate that the cost 
of certifying compliance to the proposed requirements would be large, 
and solicited comments.
    Given the likelihood that most vehicles with a GVWR over 4,536 
kilograms (10,000 pounds) are already equipped with a parking brake 
system that meets the performance requirements of S5.2 and S5.2.3, 
NHTSA stated that it anticipated only marginal safety benefits from 
formally extending these requirements. Nevertheless, to the extent that 
any vehicles with a GVWR over 10,000 pounds do not already comply with 
these requirements, the agency does expect that the extension of the 
parking brake effort limit and gradient requirements to such vehicles 
would reduce the number of collisions, injuries, and fatalities due to 
driverless roll-away events.
    NHTSA stated that while the proposed changes are not likely to have 
any effect on the non-use problem, the standardization of parking brake 
effort limit requirements for all heavy vehicles may reduce the 
incidence of misapplication by making it easier for operators of these 
vehicles to fully engage the parking brake. In addition, requiring all 
hydraulically-braked heavy vehicles to have parking brakes that meet 
the gradient requirement should decrease the likelihood of parking 
brake failure on most U.S. roads. For these reasons, the agency stated 
that it anticipated modest collision, injury, and fatality reduction 
benefits from extending Standard No. 105's parking brake requirements 
to all hydraulically-braked vehicles with GVWRs greater than 4,536 
kilograms (10,000 pounds).

C. Additional Issues

    In the NPRM, NHTSA also addressed several other Standard No. 105 
issues. NHTSA proposed to change the language in the application 
paragraph of the standard (S3. Application) to reflect the 
inapplicability of the standard's requirements to hydraulically-braked 
vehicles with a GVWR of 3,500 kilograms (7,716 pounds) or less. 
Standard No. 105 used to apply to these vehicles. However, Standard No. 
135 now applies instead.
    In addition, on June 10, 2002, the agency received a petition for 
rulemaking from Mr. James E. Stocke of Ann Arbor, Michigan, requesting 
that NHTSA update a reference to the Society of Automotive Engineers' 
(SAE) Recommended Practice for Moving Barrier Collision Tests, J972 
(SAE J972). A portion of an older (November 1966) version of SAE J972 
is referenced in Standard No. 105, paragraph S7.19, as part of the 
parking brake test procedures for passenger cars and school buses with 
a GVWR of 4,536 kilograms (10,000 pounds) or less. Although there are 
no changes to the description of the rigid moving barrier in the more 
recent (May 2000) version of the document, the ``Barrier'' paragraph 
has been re-designated as paragraph 4.3 instead of paragraph 3.3, its 
designation in the November 1966 version of the document.
    NHTSA noted that the information in the updated reference is 
substantively identical to the information in the original reference. 
Accordingly, NHTSA granted Mr. Stocke's petition and proposed to amend 
paragraph S7.19 to update the reference to the May 2000 version of SAE 
J972.

III. Public Comments and NHTSA's Response

    In response to the NPRM, NHTSA received comments from the 
following: Advocates for Highway and Auto Safety; ArvinMeritor; Heavy 
Duty Brake Manufacturers Council (HDBMC); Richard H. Klein, P.E.; 
National Association of Trailer Manufacturers (NATM); Recreational 
Vehicle Industry Association (RVIA); and Truck Manufacturers 
Association (TMA).
    While commenters raised a number of issues, those commenting on the 
basic question of whether FMVSS No. 105's parking brake requirements 
should be extended to all multipurpose passenger vehicles (MPVs), buses 
and trucks with gross vehicle weight ratings (GVWR) greater than 10,000 
pounds (4,536 kilograms) (equipped with hydraulic or electric brakes), 
supported the extension. TMA, indicating that it represents all of the 
major North American manufacturers of medium and heavy duty trucks, 
stated that, in general, its member companies support the agency's 
proposal. ArvinMeritor, which manufactures foundation brakes for both 
heavy and medium duty commercial vehicles, stated that, in general, it 
supports the proposed rule and that the rule will promote improvements 
of motor vehicles to provide safer vehicles on the highways.
    A number of commenters sought clarification of the vehicle types to 
which the rule would apply (i.e., would the proposed rule apply only to 
MPVs, buses, and trucks over 4,536 kilograms (10,000 pounds GVWR) or 
also to trailers and motorcycles. One commenter questioned NHTSA's 
discussion of ``Costs and Benefits,'' based on NHTSA's belief that 
change would be minimal. Advocates for Highway and Auto Safety, and 
ArvinMeritor raised unique issues.

[[Page 37709]]

    In the sections which follow, NHTSA identifies and discusses the 
specific issues raised by the commenters.

A. Applicability of the NPRM to Trailers

    Several of the manufacturers asked for clarification of whether the 
new parking brake requirements apply to all vehicles over 4,536 
kilograms (10,000 pounds) gross vehicle weight rating (GVWR) or only to 
multipurpose passenger vehicles (MPVs), buses and trucks over 4,536 
kilograms GVWR. Several commenters including Mr. Klein stated their 
beliefs that although not explicitly stated in the NPRM, the intent of 
the proposal was to apply the new requirements to MPVs, non-school 
buses and trucks over 4,536 kg, but not to trailers over 4,536 kg (or 
to motorcycles). The NATM and RVIA expressed their beliefs that the 
NPRM was not intended to apply to trailers.
    NHTSA agrees that it was the intent of the agency to apply the NPRM 
only to MPVs, non-school buses, and trucks over 4,536 kg. We note that 
the agency has never intended to apply FMVSS No. 105 to trailers, 
including light trailers, or to motorcycles.
    In reviewing this issue, we found that the existing application 
section of FMVSS No. 105 states that the standard ``applies to 
hydraulically-braked vehicles with a GVWR greater than 3,500 kilograms 
(7,716 pounds).'' The reference to ``hydraulically braked vehicles'' is 
overbroad and is in error.
    This particular language was included in the standard in a final 
rule published in the Federal Register (62 FR 51064) on September 30, 
1997. This rule extended the requirements of FMVSS No. 135, which 
applied at that time only to passenger cars, to trucks, buses, and MPVs 
with a GVWR of 3,500 kilograms (7,716 pounds) or less. The amendment to 
FMVSS No. 105 was a conforming amendment to remove these vehicles from 
its coverage once they were covered by FMVSS No. 135, and was not 
intended to extend the coverage of FMVSS No. 105 to trailers. The 
revised application section should have referred to multipurpose 
passenger vehicles, trucks and buses instead of ``vehicles,'' as it had 
before the amendment. Unfortunately this overbroad language was 
reflected in the NPRM for this rulemaking. We are using the correct 
language for today's final rule (see S3 of the amended standard).
    We note that Advocates supported extending the parking brake 
requirements to trailers. It expressed concern, however, that NHTSA did 
not collect any information or data for the administrative record on 
semitrailer/trailer rollaways. It also stated that NHTSA cannot ignore 
the security implications of the need to ensure the safety of trailers 
by impeding their illegal use in transportation by a requirement for 
parking brakes.
    For the reasons discussed earlier, we did not intend to include the 
extension of parking brake or other requirements of FMVSS No. 105 to 
hydraulically braked trailers. If the agency were to propose to include 
trailers in the standard, we would provide appropriate supporting 
analysis and provide an opportunity for comment. However, the agency 
has no such plans at this time.

B. Engagement Effort Threshold of Hand and Foot-Operated Parking Brakes

    Advocates stated its continuing disagreement with the engagement 
effort threshold of both hand and foot operated parking brakes as 
``excessively high.'' Advocates did not provide suggested forces that 
it believes are acceptable. Advocates stated its view that ``there is 
no information of record anywhere in the history of rulemaking on FMVSS 
No. 105 demonstrating that 125 pounds of force for hand engagement and 
150 pounds of force for foot engagement is acceptable for all licensed 
operators of affected vehicles.'' Advocates also stated that NHTSA did 
not take into consideration the capabilities of operators with certain 
disabilities to engage parking brakes with the minimum forces required 
by the standard.
    In response, NHTSA notes that Advocates did not provide information 
on the practicability, including costs, or benefits of providing 
systems that would operate with lower force levels. The agency believes 
that such systems would likely need to utilize electrical activation, 
which would be costly. NHTSA observes that FMVSS No. 105 allows for 
electrical activation of the parking brake (see S7.7.1.3(c)) with no 
requirement for application force levels. Electrical activation can be 
considered for drivers who may not otherwise be able to exert the 
energy required to actuate the hand or foot controls. Aftermarket 
parking brake supplemental control systems are also available for those 
drivers who may benefit from them.

C. Retrofitting of Parking Brakes

    Advocates also supported extending the new rule to retrofitting 
parking brakes on vehicles over 4,536 kg (10,000 pounds), stating that 
the safety benefits would be ``considerable.'' Advocates is referring 
to a delegation of authority to NHTSA from the Secretary of 
Transportation under Chapter 301 of Title 49 U.S.C. The delegation of 
authority is at 49 CFR 1.50(n) and states as follows:

    (n) Carry out, in coordination with the Federal Motor Carrier 
Safety Administrator, the authority vested in the Secretary by 
subchapter III of chapter 311 and section 31502 of title 49, U.S.C., 
to promulgate safety standards for commercial motor vehicles and 
equipment subsequent to initial manufacture when the standards are 
based upon and similar to a Federal Motor Vehicle Safety Standard 
promulgated, either simultaneously or previously, under chapter 301 
of title 4.

    NHTSA will not adopt Advocates' suggestion. Retrofitting existing 
commercial vehicles with parking brakes was not proposed in the NPRM. 
Thus, to adopt Advocates' suggestion would be outside the scope of this 
rulemaking. Furthermore, if a vehicle did not already have parking 
brakes, it would not be practicable (i.e., it would not be cost 
effective) to retrofit the vehicle with parking brakes.

D. Issues Raised by ArvinMeritor

    In its comments, ArvinMeritor (Arvin) raised the following issues, 
which are addressed below.
    Arvin stated that the costs estimated for compliance with the NPRM 
($10.00 or less per vehicle) may be exceeded for some vehicles because 
of parking brake system re-design that might be necessary to meet the 
application force and grade holding requirements. NHTSA notes that the 
NPRM's cost estimate was based on the comments from several medium and 
heavy truck manufacturers, including General Motors and Ford, 
indicating that all hydraulically-braked trucks and buses are equipped 
with parking brakes. School buses must already meet the parking brake 
requirements in this final rule, and many school buses are built on 
chassis from a major truck manufacturer.
    NHTSA agrees that some truck and bus manufacturers may incur 
additional costs to redesign the parking brake actuation mechanisms 
(levers and pedals) and other vehicle components to meet the 
performance requirements of the amendment. Also, in order to meet the 
grade holding requirements, the parking brake friction components 
(brake drums and linings) may also need to be redesigned. Arvin did not 
quantify the costs for the modifications but did provide information 
about existing parking brake designs. Arvin also described some of the 
design changes that may be implemented to meet the proposed 
requirements. Despite these additional costs that may be incurred, as 
it stated in the NPRM (See 67 FR 66098, at 66099, ``Costs and 
Benefits,'') NHTSA believes that any modifications required

[[Page 37710]]

to meet this final rule can be completed at an average incremental cost 
of $10.00 per vehicle or less. Neither Arvin nor any other commenter 
disputed NHTSA's estimate of the average incremental cost per vehicle, 
nor did any commenter provide an alternative dollar estimate of the 
cost of providing the parking brake.
    Arvin commented that the parking brake burnishing procedures in 
S7.7.4 of FMVSS No. 105 are not specific enough to ensure adequate 
grade-holding performance of the parking brake. While NHTSA has 
considered this comment, it believes that the parking brake burnishing 
procedures in S7.7.4 of FMVSS No. 105, which apply to vehicles with 
parking brake systems that do not use the service brake friction 
components, are adequate. The test procedures state that burnishing is 
conducted according to the vehicle manufacturer's published 
recommendations as furnished to the vehicle purchaser. If the 
manufacturer does not provide instructions to the vehicle purchaser for 
burnishing the parking brake friction components, the parking brake 
test is to be conducted without burnish.
    Arvin commented that there may be a wide variety of parking brake 
performance because the parking brakes on hydraulically braked vehicles 
are not automatically adjusted and there are a number of different 
actuation system designs. Arvin asked the agency to consider requiring 
that parking brake systems continue to meet a specified level of 
performance while the vehicles are in service.
    Based on its review of several parking brake designs for 
hydraulically-braked vehicles with GVWRs greater than 4,536 kilograms 
(10,000 pounds), NHTSA believes that adjustment of the friction 
components appears to be straight-forward and inexpensive. NHTSA 
believes that drivers and operators should maintain the parking brake 
system with appropriate adjustment and service. Although NHTSA does not 
have the statutory authority to test vehicles in service for compliance 
with parking brake performance, we note that the Federal Motor Carrier 
Safety Administration has jurisdiction over in-service requirements for 
large commercial vehicles.
    Arvin commented that the proposed parking brake systems are not 
designed to provide emergency brake (vehicle stopping capability) 
service and would need to be substantially upgraded in order to provide 
an emergency brake function. In response, NHTSA notes that it is not 
requiring that the parking brake system provide an emergency brake 
function. At 49 CFR Part 571.3, ``emergency brake'' is defined as: a 
``mechanism designed to stop a motor vehicle after a failure of the 
service brake system.'' The brake performance standards for hydraulic 
and electric brake vehicles, FMVSS Nos. 105 and 135, do not require 
vehicles to be equipped with an emergency brake, primarily because the 
service brake system is required to function with a variety of failed 
components. The parking brake system on hydraulically-braked vehicles 
has never been required to provide an emergency brake function.

E. Lead Time

    TMA stated that the issue of lead time before the new requirements 
would take effect was not specifically raised in the NPRM. TMA stated 
its belief that a one-year lead time would be adequate. NHTSA agrees 
with TMA's comment that a one-year lead time would be adequate. 
Therefore, this final rule will take effect one year from the date of 
publication of this final rule in the Federal Register.

IV. Final Rule

    For the reasons discussed above, NHTSA has decided to issue a final 
rule amending FMVSS No. 105 by extending the minimum performance 
requirements and associated test procedures for parking brake systems 
to all MPVs, buses and trucks with gross vehicle weight ratings over 
4,536 kilograms. NHTSA has concluded that it is in the interest of 
safety to require all MPVs, trucks and buses with GVWRs over 4,536 
kilograms to have parking brakes that meet the performance requirements 
currently applicable to over 4,536 kilogram school buses.
    To remove any ambiguity about the vehicle types to which FMVSS No. 
105 applies, this final rule amends the application section (S3.) by 
stating that the standard applies ``to multipurpose passenger vehicles, 
trucks, and buses with a GVWR greater than 3,500 kilograms (7,716 
pounds) that are equipped with hydraulic or electric brake systems.
    Finally, after granting a petition for rulemaking requesting that 
NHTSA update a reference to the Society of Automotive Engineers' (SAE) 
Recommended Practice for Moving Barrier Collision Tests, J972 (SAE 
J972), NHTSA noted there are no changes to the description of the rigid 
moving barrier in the more recent (May 2000) version of the document, 
although the ``Barrier'' paragraph has been re-designated as paragraph 
4.3 instead of paragraph 3.3 in its designation in the November 1966 
version of the document.
    NHTSA noted that the information in the updated reference is 
substantively identical to the information in the original reference. 
Therefore, in this final rule, NHTSA amends S7.19 to update the 
reference to the May 2000 version of SAE J972.
    Corrections--In a final rule of September 30, 1997 (62 FR 51064), 
NHTSA, among other changes, amended the title of FMVSS No. 135 from 
``Passenger Car Brake Systems'' to ``Light Vehicle Brake Systems.'' The 
amended title accurately reflects the fact that when the final rule 
took effect, FMVSS No. 135 applies not just to passenger cars, but also 
to trucks, buses, and multipurpose passenger vehicles (MPV) with gross 
vehicle weight ratings of (GVWR) of 3,500 kilograms (7,716 pounds) or 
less. Several years later, although FMVSS No. 135 now applies to 
trucks, buses, and MPVs with GVWRs of 3,500 kilograms or less, the 
title of FMVSS No. 135 in 49 CFR has not yet been amended. This final 
rule corrects the title of FMVSS No. 135 to read ``Light Vehicle Brake 
Systems.''
    This final rule also corrects an error in the description of the 
conditions that may be indicated by illumination of the brake warning 
indicator. In the final rule dated September 5, 1997 (62 FR 46907), 
amending FMVSSs Nos. 105 and 135 to include electric brake systems, the 
agency incorrectly stated in the first sentence of S5.5.5 Labeling (b) 
that: ``Vehicles manufactured with a split service brake system may use 
a common brake warning indicator to indicate two or more of the 
functions described in S5.5.1(a) through S5.5.1(d).'' (Emphasis added) 
This final rule corrects the first sentence of S5.5.5(b) to read: 
``Vehicles manufactured with a split service brake system may use a 
common brake warning indicator to indicate two or more of the functions 
described in S5.5.1(a) through S5.5.1(g).''

V. Statutory Basis for the Rulemaking

    We have issued this final rule pursuant to our statutory authority. 
Under 49 U.S.C. Chapter 301, Motor Vehicle Safety (49 U.S.C. 30101 et 
seq.), the Secretary of Transportation is responsible for prescribing 
motor vehicle safety standards that are practicable, meet the need for 
motor vehicle safety, and are stated in objective terms. 49 U.S.C. 
30111(a). When prescribing such standards, the Secretary must consider 
all relevant, available motor vehicle safety information. 49 U.S.C. 
30111(b). The Secretary must also consider whether a

[[Page 37711]]

proposed standard is reasonable, practicable, and appropriate for the 
type of motor vehicle or motor vehicle equipment for which it is 
prescribed and the extent to which the standard will further the 
statutory purpose of reducing traffic accidents and deaths and injuries 
resulting from traffic accidents. Id. Responsibility for promulgation 
of Federal motor vehicle safety standards was subsequently delegated to 
NHTSA. 49 U.S.C. 105 and 322; delegation of authority at 49 CFR 1.50.
    As a Federal agency, before promulgating changes to a Federal motor 
vehicle safety standard, NHTSA also has a statutory responsibility to 
follow the informal rulemaking procedures mandated in the 
Administrative Procedure Act at 5 U.S.C. 553. Among these requirements 
are Federal Register publication of a general notice of proposed 
rulemaking, and giving interested persons an opportunity to participate 
in the rulemaking through submission of written data, views or 
arguments. After consideration of the public comments, we must 
incorporate into the rules adopted, a concise general statement of the 
rule's basis and purpose.
    The agency has carefully considered these statutory requirements in 
promulgating this final rule to amend FMVSS No. 105. As previously 
discussed in detail, we have solicited public comment in an NPRM and 
have carefully considered the public comments before issuing this final 
rule. As a result, we believe that this final rule reflects 
consideration of all relevant available motor vehicle safety 
information. Consideration of all these statutory factors has resulted 
in the following decisions in this final rule.
    In the NPRM, we proposed to make FMVSS No. 105 parking brake 
requirements applicable to all ``vehicles'' over 4,536 kilograms 
(10,000 pounds). Some commenters questioned whether the term 
``vehicles'' was intended to include motorcycles and trailers. In this 
final rule, NHTSA stated that it was its intent to make FMVSS No. 105 
parking brake requirements applicable only to MPVs, buses and trucks 
over 4,536 kilograms (10,000 pounds). Thus, we amended S3., the 
applicability section, to make explicit the standard applies to MPVs, 
buses and trucks.
    As indicated, we have thoroughly reviewed the public comments and 
amended the final rule to reflect the comments. In the few instances 
where we did not adopt a comment, we explain why we did not adopt the 
comment. In most instances, the comments addressed matters that were 
not raised in the NPRM, and thus were outside the scope of the 
rulemaking. We believe that this final rule, which extends minimum 
performance requirements and associated test procedures for parking 
brake systems to all MPVs, buses and trucks with GVWRs greater than 
4,536 kilograms (10,000 pounds) meets the need for safety.

VI. 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 budgetary 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 notice was not reviewed under Executive Order 12866. Further, 
this notice was determined not to be significant within the meaning of 
the DOT Regulatory Policies and Procedures.
    In this document, NHTSA extends the applicability of already 
existing parking brake requirements to cover vehicles previously 
excluded. As explained above, comments from heavy vehicle manufacturers 
indicate that most, if not all, of these vehicles are already 
manufactured with parking brakes designed to meet the minimum 
performance requirements that the agency is proposing to apply. For the 
remaining vehicles, the agency estimates the cost of complying with 
these requirements to be less than $10 per vehicle. Considering that 
the total number of such vehicles that are subject to the requirements 
is estimated to be about 212,000 annually, the agency estimates that 
the total annual effect of this rule is less than $2,120,000. 
Accordingly, the agency concludes that this rule has no significant 
economic effects.
    The DOT's regulatory policies and procedures require the 
preparation of a full regulatory evaluation, unless the agency finds 
that the impacts of a rulemaking are so minimal as not to warrant the 
preparation of a full regulatory evaluation. Since public comments 
suggest that most, if not all, of these vehicles are already 
manufactured with parking brakes designed to meet the minimum 
performance requirements that the agency applies in this final rule, 
the agency concludes that the impacts of this rulemaking are minimal. 
Thus, it has not prepared a full regulatory evaluation.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
The Small Business Administration's regulations at 13 CFR Part 121 
define a small business, in part, as a business entity ``which operates 
primarily within the United States.'' (13 CFR 121.105(a)). No 
regulatory flexibility analysis is required if the head of an agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. The SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule will not have 
a significant economic impact on a substantial number of small 
entities.
    NHTSA has considered the effects of this rulemaking action under 
the Regulatory Flexibility Act. As explained above, anecdotal evidence 
from heavy vehicle manufacturers suggests that most, if not all, of 
these vehicles are already manufactured with parking brakes designed to 
meet the minimum performance requirements that the agency is applying 
in this final rule. For the remaining vehicles, the agency estimates 
the cost of complying with these requirements to be less than $10 per 
vehicle. Considering that the total number of such vehicles that are 
subject

[[Page 37712]]

to the requirements is approximately 212,000 vehicles annually, the 
agency estimates that the total annual effect of this rule to be less 
than $2,120,000. Accordingly, I hereby certify that this final rule 
will not have a significant economic impact on a substantial number of 
small entities.

C. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action 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.

D. Executive Order 13132 (Federalism)

    Executive Order 13132 requires NHTSA to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' The Executive Order defines ``policies that 
have federalism implications'' to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' Under 
Executive Order 13132, NHTSA may not issue a regulation with Federalism 
implications, that imposes substantial direct compliance costs, and 
that is not required by statute, unless the Federal government provides 
the funds necessary to pay the direct compliance costs incurred by 
State and local governments, the agency consults with State and local 
governments, or the agency consults with State and local officials 
early in the process of developing the regulation. NHTSA also may not 
issue a regulation with Federalism implications and that preempts State 
law unless the agency consults with State and local officials early in 
the process of developing the regulation.
    NHTSA has analyzed this rulemaking action in accordance with the 
principles and criteria set forth in Executive Order 13132. The agency 
has determined that this rule will not have sufficient federalism 
implications to warrant consultation with State and local officials or 
the preparation of a federalism summary impact statement. This rule 
will not have any substantial effects on the States, or on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials.

E. Executive Order 12988 (Civil Justice Reform)

    This final rule will not have any retroactive effect. Under 49 
U.S.C. 30103, 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. 30161 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.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required 
to respond to a collection of information by a Federal agency unless 
the collection displays a valid Office of Management and Budget (OMB) 
control number. This final rule does not require any collections of 
information, or recordkeeping or retention requirements as defined by 
the OMB in 5 CFR Part 1320.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) 
directs NHTSA to use voluntary consensus standards in its regulatory 
activities unless doing so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as the Society of Automotive 
Engineers (SAE). The NTTAA directs the agency to provide Congress, 
through the OMB, explanations when we decide not to use available and 
applicable voluntary consensus standards.
    For this final rule, there are no voluntary consensus standards 
available at this time. However, NHTSA will consider any such standards 
if they become available.

H. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires Federal 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 in any one year (adjusted for inflation with base 
year of 1995). Before promulgating a rule for which a written statement 
is needed, section 205 of the UMRA generally requires NHTSA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows NHTSA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
agency publishes with the final rule an explanation why that 
alternative was not adopted.
    This rule will not result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector of more 
than $100 million annually. The estimated cost of complying with this 
rule is less than $10 per vehicle. Considering that the total number of 
vehicles to which these requirements apply is approximately 212,000 
vehicles annually, the estimated aggregate cost of this rule is less 
than $2,120,000. Accordingly, the agency has not prepared an Unfunded 
Mandates assessment.

I. Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Application of the principles of plain language 
includes consideration of the following questions:

--Have we organized the material to suit the public's needs?
--Are the requirements in the rule clearly stated?
--Does the rule contain technical language or jargon that is not clear?
--Would a different format (grouping and order of sections, use of 
headings, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make this rulemaking easier to understand?

    We have solicited comments on the Plain Language implications of 
the NPRM in the Federal Register document of October 30, 2002 (67 FR 
66098) on p. 66101. We received no comments on the Plain Language 
issue.

[[Page 37713]]

J. 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.

List of Subjects in 49 CFR Part 571

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

0
In consideration of the foregoing, NHTSA amends 49 CFR part 571 as 
follows:

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, 30166, and 30177; 
delegation of authority at 49 CFR 1.50.
0
2. Section 571.105 is amended by revising S3, S5.2, S5.2.3, S7.7.1, 
paragraph (b) of S7.7.1.3, and S7.19 to read as follows:


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

* * * * *
    S3. Application. This standard applies to multi-purpose passenger 
vehicles, trucks, and buses with a GVWR greater than 3,500 kilograms 
(7,716 pounds) that are equipped with hydraulic or electric brake 
systems.
* * * * *
    S5.2 Parking Brake System. Each vehicle shall be manufactured with 
a parking brake system of a friction type with a solely mechanical 
means to retain engagement, which shall under the conditions of S6, 
when tested according to the procedures specified in S7, meet the 
requirements specified in S5.2.1, S5.2.2, or S5.2.3 as appropriate, 
with the system engaged--
    (a) In the case of a vehicle with a GVWR of 4,536 kilograms (10,000 
pounds) or less, with a force applied to the control not to exceed 125 
pounds for a foot-operated system and 90 pounds for a hand-operated 
system; and
    (b) In the case of a vehicle with a GVWR greater than 4,536 
kilograms (10,000 pounds), with a force applied to the control not to 
exceed 150 pounds for a foot-operated system and 125 pounds for a hand-
operated system.
* * * * *
    S5.2.3 (a) The parking brake system on a multipurpose passenger 
vehicle, truck or bus (other than a school bus) with a GVWR of 4,536 
kilograms (10,000 pounds) or less shall be capable of holding the 
vehicle stationary for 5 minutes, in both forward and reverse 
directions, on a 20 percent grade.
    (b) The parking brake system on a multipurpose passenger vehicle, 
truck, or bus (including a school bus) with a GVWR greater than 4,536 
kilograms (10,000 pounds) shall be capable of holding the vehicle 
stationary for 5 minutes, in both forward and reverse directions, on a 
20 percent grade.
* * * * *
    S7.7.1 Test procedure for requirements of S5.2.1 and S5.2.3.
* * * * *
    S7.7.1.3 * * *
* * * * *
    (b) In the case of a vehicle with a GVWR greater than 4,536 
kilograms (10,000 pounds) not more than 150 pounds for a foot-operated 
system, and not more than 125 pounds for a hand-operated system.
* * * * *
    S7.19 Moving barrier test. (Only for vehicles that have been tested 
according to S7.7.2.) Load the vehicle to GVWR, release parking brake, 
and place the transmission selector control to engage the parking 
mechanism. With a moving barrier as described in paragraph 4.3 of SAE 
recommended practice J972 ``Moving Barrier Collision Tests,'' Nov. 1966 
(revised May 2000), impact the vehicle from the front at 2\1/2\ mph. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from the Society of Automotive Engineers, Inc., 
400 Commonwealth Drive, Warrendale, PA 15096-0001. Copies may be 
inspected at the National Highway Traffic Safety Administration, 
Technical Information Services, 400 Seventh Street, SW., Plaza Level, 
Room 403, Washington, DC 20590, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 
Keep the longitudinal axis of the barrier parallel with the 
longitudinal axis of the vehicle. Repeat the test, impacting the 
vehicle from the rear.


    Note: The vehicle used for this test need not be the same 
vehicle that has been used for the braking tests.

* * * * *

0
3. Section 571.135 is amended by revising the section heading, and 
revising in S5.5.5(b) the first sentence, to read as follows:


Sec.  571.135  Standard No. 135; Light vehicle brake systems.

* * * * *
    S5.5.5(b) Vehicles manufactured with a split service brake system 
may use a common brake warning indicator to indicate two or more of the 
functions described in S5.5.1(a) through S5.5.1(g). * * *
* * * * *

    Issued: June 24, 2005.
Jeffrey W. Runge,
Administrator.
[FR Doc. 05-12880 Filed 6-29-05; 8:45 am]
BILLING CODE 4910-59-P