[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Proposed Rules]
[Pages 74270-74283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24070]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2005-21462]
RIN 2127-AJ37


Federal Motor Vehicle Safety Standards; Air Brake Systems

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The agency is proposing to amend our air brake standard to 
improve the stopping distance performance of truck tractors. Based on 
current safety trend data and brake system technologies for truck 
tractors, we are proposing to reduce the required stopping distance for 
these vehicles by 20 to 30 percent. We have tentatively concluded that 
truck tractors are capable of achieving a reduction in stopping 
distance within this range with existing technologies.
    We also discuss research and request comment concerning improving 
the braking performance of other types of heavy vehicles, i.e., 
trailers, straight trucks, and buses. The agency may address improved 
braking performance for these other vehicles in a future rulemaking.

DATES: You should submit comments early enough to ensure that Docket 
Management receives them not later than April 14, 2006.

ADDRESSES: You may submit comments (identified by the DOT DMS Docket 
Number) by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     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.
     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 Request for 
Comments heading under 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. 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.
    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: The following persons at the National 
Highway Traffic Safety Administration:
    For non-legal issues: Mr. Jeff Woods of the NHTSA Office of 
Rulemaking at (202) 366-6206.
    For legal issues: Mr. Christopher Calamita of the NHTSA Office of 
Chief Counsel at (202) 366-2992.
    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
II. Safety Issues
III. Heavy Truck Braking Performance
    A. NHTSA Research
    B. Industry Research
    C. Agency Proposal
IV. Benefits and Costs of Improved Stopping Distances
V. Lead Time
VI. Ongoing and Future Research
VII. Request for Comments
VIII.Rulemaking Analyses and Notices

I. Background

    On March 10, 1995, we published three final rules as a part of a 
comprehensive effort to improve the braking ability of medium and heavy 
vehicles \1\ (60 FR 13216 and 60 FR 13287). The major focus of that 
effort was to improve the directional stability and control of heavy 
vehicles during braking through antilock brake system (ABS) 
requirements. However, the 1995 effort also reinstated stopping 
distance requirements for air-braked vehicles, and established 
different stopping distances for different types of heavy vehicles. 
Previous stopping distance requirements for medium and heavy vehicles 
had been invalidated in 1978 by the United States Court of Appeals for 
the 9th Circuit because of issues with the reliability of ABS then in 
use. See, PACCAR v. NHTSA, 573 F.2d 632 (9th Cir. 1978) cert. denied, 
439 U.S. 862 (1978).
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    \1\ Medium and heavy weight vehicles are hydraulic-braked 
vehicles over 10,000 pounds gross vehicle weight rating (GVWR) 
(i.e., trucks and buses), and all vehicles with a GVWR greater than 
10,000 pounds equipped with air brake systems (i.e., trucks, buses, 
and trailers); here after referred to collectively as heavy 
vehicles. Large trucks are a segment of heavy vehicles and are 
defined as trucks, including truck tractors, with a GVWR greater 
than 10,000 pounds.
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    The current stopping distance requirements under Federal Motor 
Vehicle Safety Standard No. 121, Air brake systems, as established 
under the 1995 final rule, are determined according to vehicle type. 
Under the loaded-60-mph stopping distance requirements of FMVSS No. 
121, air-braked buses must comply with a stopping distance of 280 feet, 
air-braked single-unit trucks must comply with a stopping distance of 
310 feet, and air-braked truck tractors must comply with a stopping 
distance requirement of 355 feet.\2\ Under the unloaded-60-mph

[[Page 74271]]

stopping distance requirements \3\ of FMVSS No. 121, air-braked buses 
must comply with a stopping distance of 280 feet, and air-braked 
single-unit trucks and air-braked truck tractors must comply with a 
stopping distance requirement of 335 feet. Under the emergency brake-60 
mph stopping distance requirements \4\ of FMVSS No. 121, air-braked 
buses and air-braked single-unit trucks must comply with a stopping 
distance of 613 feet, and air-braked truck tractors must comply with a 
stopping distance requirement of 720 feet.
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    \2\ For heavy truck tractors (tractors), the current stopping 
distance test at GVWR is conducted with the tractor coupled to an 
un-braked control trailer, with weight placed over the fifth wheel 
of the tractor, and a 4,500 pound load on the single axle of the 
trailer. This test method isolates the braking performance of the 
tractor so that only the performance of the tractor is evaluated. 
The performance of a tractor in an FMVSS No. 121 stopping distance 
test does not directly reflect the on-road performance of a tractor 
semi-trailer combination vehicle that has braking at all wheel 
positions.
    \3\ Vehicles are tested at lightly loaded vehicle weight (LLVW).
    \4\ Emergency brake system performance is tested with a single 
failure in the service brake system of a part designed to contain 
compressed air or brake fluid (see, S5.7.1).
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    The stopping distance requirements adopted in the 1995 final rule 
are generally less stringent than those invalidated by the PACCAR 
decision in 1978. In adopting the requirements, the agency estimated 
that half of the air-braked truck tractors and a quarter of the air-
braked single-unit trucks would meet the stopping distance requirements 
without modification. However, the stopping distance requirements were 
an enhancement to the overall braking performance of air-braked 
vehicles given the newly adopted ABS requirements. The agency 
determined that the stability and control during braking requirements 
would result in a majority of the benefits, but estimated that the new 
stopping distance requirements would prevent annually about 3 vehicle 
occupant fatalities, 84 vehicle occupant injuries, and $3.24 million in 
property damage.

II. Safety Issues

    Since the agency established the stability control and stopping 
distance requirements for heavy vehicles almost ten years ago, data 
indicate that the involvement of large trucks in fatal and injury 
producing crashes has slightly declined while vehicle-miles-traveled 
(VMT) has increased. However, because the number of registered large 
trucks has increased, the total number of crashes remains high. In 
2002:
     434,000 large trucks were involved in traffic crashes in 
the U.S.
     4,542 large trucks were involved in fatal crashes, 
resulting in 4,897 fatalities (11 percent of all highway fatalities 
reported in 2002). Seventy-nine percent of the fatalities were 
occupants of another vehicle, 14 percent were truck occupants, and 7 
percent were nonoccupants.
     130,000 people were injured in crashes involving large 
trucks. Seventy-seven percent of the injuries were occupants of another 
vehicle, 20 percent were truck occupants, and 3 percent were 
nonoccupants.\5\
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    \5\ See Traffic Safety Facts 2002--Large Trucks, National Center 
for Statistics and Analysis (NCSA), report number DOT HS 809 608. 
The NCSA report uses the term ``large trucks,'' which in practical 
terms describes the same segment of the vehicle population as 
``heavy vehicles.'' A copy is provided in the docket for this 
notice.
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    According to Large Truck Crash Facts 2001 (report number FMCSA-RI-
02-011; provided in the docket for this notice), published by the 
Analysis Division of the Federal Motor Carrier Safety Administration 
(FMCSA), the large truck fatality rate (e.g., the number of fatalities 
per 100 million VMT) was 60 percent higher than the fatality rate for 
passenger vehicles (defined as a car or light truck) in 2001. When the 
FMCSA report considered combination trucks (e.g., tractor and trailer 
combinations) separately, the fatality rate was nearly double that of 
passenger vehicles. Conversely, the fatality rate for single-unit 
trucks was approximately 15 to 20 percent higher than the fatality rate 
for passenger vehicles. The FMCSA data indicate that for all types of 
crashes that involve large trucks, trucks with a gross vehicle weight 
rating (GVWR) over 26,000 pounds are more likely to be involved than 
other large trucks.
    Retail sales data, averaged for 2000 and 2001, indicate that annual 
sales of medium-duty trucks between 10,001 and 26,000 pounds GVWR were 
approximately 228,000 units and annual sales of heavy-duty trucks over 
26,000 pounds GVWR were approximately 283,000 units. While data 
indicate that medium-duty trucks make up a sizable portion of the 
population of large trucks in the U.S. truck fleet, the crash data 
indicate that the majority of crashes involve heavy-duty trucks with 
GVWRs over 26,000 pounds, as shown in Table 1. Almost all of the 
vehicles with a GVWR greater than 26,000 lbs. are air-braked, and over 
half of those are truck tractors.

                                            Table 1.--Large Trucks in Crashes by Gross Vehicle Weight Rating
                                                             [FMCSA-RI-02-011, January 2003]
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                                                                       Fatal                          Injury                          Towaway
               Gross vehicle weight rating               -----------------------------------------------------------------------------------------------
                                                              Number          Percent         Number          Percent         Number          Percent
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<=10,000 lbs............................................               2               *             449             1.2             592             1.4
10,001-26,000 lbs.......................................             519            10.8           3,772             9.9           4,931            11.7
>=26,001 lbs............................................           4,246            88.6          26,736            70.2          29,941            70.9
Missing**...............................................              14             0.3           7,104            18.7           6,795            16.1
Unknown***..............................................              12             0.3  ..............  ..............  ..............  ..............
                                                         -----------------
    Total...............................................           4,793           100.0          38,061           100.0          42,259          100.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Less than 0.05 percent.
** GVWR was not recorded.
*** GVWR was recorded as ``unknown.''

    One factor contributing to this difference in risk is that, in 
general, the heavier a vehicle is the longer it requires to stop for a 
given speed. While large trucks operate on the same roadways as 
significantly lighter passenger vehicles, large trucks may take twice 
as long to stop in instances of panic stop braking. The difference in 
mass between large trucks and passenger vehicles also contributes to 
passenger vehicles incurring greater damage in collisions between such 
vehicles. Recent developments in brake systems indicate that stopping 
distance reductions are

[[Page 74272]]

possible for these heavy vehicles that represent the highest crash and 
fatality risk.
    Reductions in stopping distance will, in most cases, result in a 
reduction in the impact velocity, and hence the severity of a crash. In 
some cases, reduced stopping distances will actually prevent a crash 
from occurring, i.e., a vehicle with a reduced stopping distance will 
stop short of impacting another vehicle. Based on the crash data from a 
NCSA report,\6\ improvements in stopping distance would provide 
benefits in crashes with the following geometries: rear-end, truck 
striking passenger vehicle; passenger vehicle turned across path of 
truck; and straight path, truck into passenger vehicle (generally side-
impact crashes at roadway junctions). The total percentage of all 
passenger vehicle occupant fatalities for these crash types is 26 
percent and on an annual basis resulted in 655 fatalities. In addition, 
it is possible that some head-on collisions could be reduced in 
severity, since improvements in the braking capability of large trucks 
could reduce impact speeds.
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    \6\ An Analysis of Fatal Large Truck Crashes, DOT HS 809 569, 
June 2003.
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III. Heavy Truck Braking Performance

    NHTSA has been exploring the feasibility of reducing the stopping 
distance requirement under FMVSS No. 121 for heavy air-braked vehicles 
by 20 to 30 percent. We have initially focused on air-braked truck 
tractors, since the crash data indicate that this vehicle type is most 
frequently involved in fatal truck crashes. NHTSA's Office of Vehicle 
Safety Research has been conducting brake research on enhanced crash 
avoidance capabilities for large trucks. Developments in air disc 
brakes, enhanced larger capacity drum brakes, electronic controlled 
brake systems (ECBS), and advanced ABS have contributed to the agency's 
decision to propose more stringent stopping distance requirements for 
truck tractors.

A. NHTSA Research

    At NHTSA's Vehicle Research and Test Center (VRTC) in East Liberty 
Ohio, research was initiated in 2002 to compare the performance of air-
braked tractors and trailers equipped with a variety of brake system 
configurations. VRTC tested two conventional air-braked tractors with 
four different foundation brake \7\ configurations. The brake 
configurations tested included the following:
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    \7\ A foundation brake system is the wheel end portion of a 
brake system, consisting of friction material (brake lining), an 
actuating mechanism, and a rotating element (drum or disc).
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    a. Standard brake drums on both the steer and drive axles,
    b. Larger capacity drums on the steer axle and standard drums on 
the drive axles (drum hybrid),
    c. Air disc brakes on the steer axle and standard drums on the 
drive axle (disc hybrid),
    d. Air disc brakes on steer and drive axles.\8\
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    \8\ For a complete list of the technical specifications used in 
testing see ``Class 8 Truck Tractor Braking Performance Improvement 
Study: Report--1,'' DOT HS 809 700 (May 2004). A copy is provided in 
the docket for this notice).
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    Testing was performed in accordance with the procedure in FMVSS No. 
121, which includes testing at lightly loaded vehicle weight \9\ (LLVW) 
and at GVWR conditions. Each vehicle was tested six times in each 
configuration at each weight. The VRTC results suggests that the test 
vehicles would be able to comply with a 20 to 30 percent reduction in 
the stopping distance requirements at both weight conditions with 
modifications only to the foundation brake systems.
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    \9\ LLVWW is defined as the empty weight of the truck plus up to 
1,500-pound allowance for test driver, vehicle instrumentation, and 
an optional roll bar structure.
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    When tested at the GVWR condition, the data show that these two 
vehicles performed quite differently in their standard brake 
configurations with conventional S-cam brakes.\10\ With disc brakes at 
all wheel positions, both vehicles were able to exceed a 30 percent 
stopping distance reduction (249 ft) from the current requirements in 
FMVSS No. 121 at GVWR (355 ft). Both vehicles were able to exceed a 20 
percent stopping distance reduction (284 ft) from the current standard 
using either hybrid system. It is notable that the second test truck 
was able to meet a 20 percent reduction in the stopping distance 
requirement when tested at GVWR in its original brake system 
configuration.
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    \10\ These differences were most likely due to differences in 
the brake systems aside from the foundation brakes; e.g., 
differences in brake linings.
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    When tested at GVWR condition, the first test truck (Truck A), 
achieved stopping distances in six tests ranging from 307 to 328 feet 
(average 317 feet) with its standard foundation brake configuration. 
When Truck A was equipped with larger capacity drums on the steer axle, 
its braking distances ranged from 250 to 261 feet (average 252 feet). 
When configured with disc brakes on the steer axle only, stopping 
distances for the same truck ranged from 234 to 258 feet (average 247 
feet). With disc brakes on both the steer and drive axles, stopping 
distances for the first test vehicle ranged from 218 to 228 feet 
(average 222 feet).
    In six tests at GVWR condition, the second test truck (Truck B) 
achieved stopping distances ranging from 260 to 273 feet (average 264 
feet) when tested with its standard foundation brake configuration. The 
agency notes that this vehicle in its standard configuration would be 
able to meet a 20 percent reduction in the current stopping distance 
requirement. When Truck B was equipped with larger capacity drums on 
the steer axle, its braking distances ranged from 264 to 278 feet 
(average 269 feet). When configured with disc brakes on the steer axle 
only, stopping distances for the same vehicle ranged from 249 to 280 
feet (average 263 feet). With disc brakes on both the steer and drive 
axle, stopping distances for the second test truck ranged from 235 to 
249 feet (average 241 feet). The results are presented in Figure 1 
below.

BILLING CODE 4910-59-P

[[Page 74273]]

[GRAPHIC] [TIFF OMITTED] TP15DE05.017

BILLING CODE 4910-59-C

[[Page 74274]]

    In general terms, the VRTC data demonstrate that air disc brakes 
installed on all brake positions of a tractor would enable typical 
three-axle tractors to exceed a 30 percent reduction in stopping 
distance over the requirements currently specified in FMVSS No. 121 at 
GVWR condition. Both hybrid systems also showed improvements in 
stopping performance at or near a 30 percent reduction for the first 
test vehicle. The two hybrid systems did not appreciably change the 
stopping distances from the baseline vehicle for the second test truck, 
but with these configurations the second test truck did exceed a 20 
percent reduction in the stopping distance requirements.
    The FMVSS No. 121 stopping distance requirement for truck tractors 
in the LLVW condition is 335 feet. Tests of the two tractors at VRTC 
confirm that truck tractor braking in the LLVW condition is improved 
with the addition of ABS. Both truck tractors could meet a 30 percent 
reduction (235 feet) in FMVSS No. 121 requirements in the standard 
foundation brake configuration, although the average of six LLVW stops 
for one truck tractor was 230 feet (five stops were below 235 feet and 
one stop was 238 feet). With larger S-cam drum or disc foundation 
brakes on the steer axle, or with disc brakes at all wheel positions, 
the average of six stops at LLVW for the two truck tractors ranged from 
178 to 205 feet, well below a 235-foot target value. The results are 
presented in Figure 2 below.

BILLING CODE 4910-59-P

[[Page 74275]]

[GRAPHIC] [TIFF OMITTED] TP15DE05.018

BILLING CODE 4910-59-C
    The agency notes that both test trucks were not brand new (although 
in good condition), and the disc brakes and larger drum brakes were 
installed on the

[[Page 74276]]

vehicles without any other modifications to the vehicles' suspensions 
or other components. Other data may suggest that changes to suspensions 
or ABS could further improve braking performance. However, the agency 
believes that these test results on older tractor models support the 
feasibility of improving tractor stopping distance performance by a 20 
to 30 percent reduction of the current requirement.
    FMVSS No. 121 also requires truck tractors to comply with a minimum 
stopping distance in emergency braking. Under S5.7.1, an unloaded truck 
tractor must stop at least once in a series of six attempts within the 
specified distance, from the specified speed, and with a single failure 
in the service brake system of a part designed to contain compressed 
air or brake fluid. When emergency braking at a speed of 60 mph, Table 
II of FMVSS No. 121 specifies a stopping distance of 720 feet. For 
current brake system designs, the most extreme failure is typically a 
failure in the primary reservoir. Essentially, this results in a 
vehicle having to rely solely on the front brakes to stop.
    Aside from examining the impact of various brake configurations on 
normal stopping, VRTC also subjected the test vehicles to emergency 
braking under the same brake configurations. VTRC performed the tests 
after failing the primary reservoir.

  Table II.--Failed Primary Reservoir Stopping Distances for Each Brake Type of Both Truck Tractors in the LLVW
                                               Load Configuration
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                                                                                     Margin of       Margin of
                                                                                    compliance      compliance
                Tractor                   Foundation brake type   Minimum  (ft.)   with 720 ft.      with 30%
                                                                                    requirement      reduction
                                                                                     (percent)       (504 ft.)
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Truck A...............................  All S-cam drums.........             636            11.7           -26.7
                                        Hybrid drums............             363            49.6            28.0
                                        Hybrid disc.............             276            61.6            45.2
                                        All disc................             294            59.2            41.4
Truck B...............................  All S-cam drums.........             432            40.0            14.3
                                        Hybrid drums............             365            49.4            27.6
                                        Hybrid disc.............             300            58.3            40.5
                                        All disc................             303            57.9            39.9
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    These results indicate that the same modifications that improve 
service brake stopping distances also improve emergency braking 
stopping distances. We tentatively conclude that it is feasible to 
improve tractor emergency braking stopping distance performance by a 20 
to 30 percent reduction of the current requirement.
    The VRTC report docketed with this notice contains detailed 
information on the testing of these truck tractors and an 
interpretation of the results.\11\
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    \11\ The docketed report is an interim report detailing 
straight-line service brake performance. The report also provides 
comparative information for bobtail braking performance (tractor 
only with no trailer) and braking performance with conventional air-
braked trailers equipped with both S-cam drum brakes and disc 
brakes. A comprehensive report addressing braking-in-a-curve, 
emergency braking, and braking performance with conventional 
trailers will be released at a future date.
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     The agency welcomes comments or test data on the 
performance of various foundation brake configurations on truck 
tractors, trailers, or single-unit vehicles, for both GVWR and LLVW 
brake testing. Information on the weight of larger capacity drum 
brakes, versus disc brakes and conventional drum brakes, are also 
requested.

B. Industry Research

    In recent industry testing conducted on a typical truck tractor, 
larger capacity drum brakes at all wheel positions performed equal to 
or better than air disc brakes at all wheel positions as tested by 
NHTSA. The data on the performance of larger capacity drum brakes on 
both steer and drive axles for a typical three-axle tractor were 
provided to NHTSA by two suppliers of heavy truck brake linings, 
Federal Mogul Corporation and Motion Control Industries, Inc. When 
compared to the current stopping requirement, a test vehicle utilizing 
larger capacity drum brakes at all wheel positions experienced stopping 
distances below a 30 percent reduction to the current standard. The 
suppliers have provided the results of these tests for placement in the 
public docket.
    The tests were conducted on a three-axle tractor originally 
manufactured with larger capacity S-cam drum brakes on the steer and 
drive axles, that was taken from regular fleet service and subjected to 
FMVSS No. 121-type test requirements by Radlinski and Associates \12\ 
in East Liberty, Ohio. While the testing performed by VTRC simply added 
larger capacity brake drums to a single axle with no other 
modifications, Radlinski tested a single vehicle with larger capacity 
drums on all axles and performed parametric studies on the actuating 
mechanisms and GVWR. The seven configurations varied as to the nominal 
axle weights, brake chamber size and slack adjuster lengths.\13\ 
Suspensions and related components remained as originally configured by 
the vehicle manufacturer.
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    \12\ Radlinski and Associates is an independent testing and 
engineering consulting firm that services heavy vehicle and brake 
component manufacturers.
    \13\ Detailed specifications for each of the seven 
configurations are presented in the Radlinski report, which is 
provided in the docket for this notice.
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    Six stops were made for each of the seven test conditions. The 
tractor was tested from 60 mph on high friction pavement, loaded to 
GVWR using the FMVSS No. 121 unbraked control trailer. The test 
conditions used by Radlinski and Associates were the same as the VRTC 
test conditions and are the same conditions detailed in FMVSS No. 121.
    Each of the configurations achieved an average stopping distance 
between 206 and 219 ft. A review of the variability among the six stops 
for each test condition shows that stop-to-stop variability was 
minimal. On average, the difference between the shortest stop and the 
longest stop for each of the seven test conditions was 10 feet. Thus 
the stopping distance performance in each test is observed to have 
little variation from stop-to-stop.
    The performance exhibited by the larger capacity drum brakes on the 
Radlinski test vehicle, for each test condition, suggests that this 
vehicle could meet a 30 percent reduction (249 ft) in FMVSS No. 121 
stopping distance

[[Page 74277]]

requirement. In fact, the performance of this vehicle, in each of the 
seven brake configurations equaled or exceeded the performance of 
NHTSA's test vehicles equipped with disc brakes at all wheel positions.
    Service brake tests in the LLVW condition were conducted for three 
of the seven test conditions in the Radlinski tests, and the average of 
six stops for each of the three test conditions ranged from a low of 
163 feet to a high of 169 feet for the three test conditions. Thus this 
vehicle was capable of far exceeding a 30 percent reduction (235 feet) 
of the requirements in FMVSS No. 121 (335 feet) for LLVW tests.
    According to data provided to NHTSA by the Heavy Duty Brake 
Manufacturers Council in April, 2004, larger S-cam drum brakes (16.5'' 
x 5'' and 16.5'' x 6'') are installed on the steer axle of 
approximately 10 percent of newly-manufactured air-braked trucks in the 
U.S., and wider, extended life (16.5'' x 8'' and 16.5'' x 8.625'') S-
cam drum brakes are installed on the drive axles of approximately three 
percent of new air-braked trucks in the U.S.
    While the testing relied upon by the agency was limited to three 
vehicle models, we believe that these models are representative of the 
truck tractor fleet. However, there may be vehicle models and 
configurations that would not perform in a manner similar to the test 
vehicles.
     The agency requests comments on the data and reports 
generated by Radlinski as well as any data or reports on the use of 
larger capacity drum brakes.

C. Agency Proposal

    The agency is proposing to reduce the stopping distance 
requirements for the loaded and unloaded service brake distances and 
emergency brake distances, for truck tractors by 20 to 30 percent. As 
discussed above, data indicate that truck tractors would be able to 
comply with a reduction in this range through use of larger drum 
brakes. Also as explained above, the testing did not include other 
vehicle modifications that may further optimize a vehicle's braking 
capabilities. We have tentatively determined that this data justifies 
the proposed range of reduced distances and request comments on the 
feasibility of truck tractors to comply with the various stopping 
distances within the given ranges.

IV. Benefits and Costs of Improved Stopping Distances

    The agency believes that by pursuing rulemaking to improve stopping 
distance performance, truck manufacturers will re-examine their 
specifications for brake components and make improvements, particularly 
on the steer axle brakes, and in other areas as well. In this industry, 
brake systems are installed according to specifications provided by 
truck purchasers/trucking fleets. NHTSA's preliminary regulatory impact 
analysis shows that enhanced brake system specifications will have net 
cost savings for truck operators after considering property damage 
savings. However, truck operators do not have this cost-saving 
information and only a few fleets are purchasing these improved 
systems. Thus, progress towards improved brake systems is impeded 
because truck operators are cost sensitive to the initial purchase 
price and they are reluctant to add different types and sizes of brake 
components to their specifications. Although truck manufacturers offer 
improved drum brakes and are introducing air disc brakes, very few 
fleets are purchasing them. Generally, the trend is to stay with the 
same brakes that have been used for many decades.
    We estimate that 3 percent of the current truck tractors would 
comply with a 30 percent improved brake performance. The benefits of a 
30 percent improvement in stopping distance are estimated to be a 
reduction of 257 fatalities and prevention of 284 AIS 3-5 injuries 
among occupants in truck trailer crashes. We estimate that 34 percent 
of the current truck tractors would comply with a 20 percent 
improvement in the stopping distance requirements distance without any 
modification. As such, the proposed 20 percent reduction in stopping 
distance would save 104 fatalities and prevent 120 AIS 3-5 injuries 
among occupants in truck trailer crashes.
    Reducing stopping distance would significantly reduce property 
damage. Using a 3 percent discount rate, the agency believes that $166 
million and $32 million of property damage would be prevented with the 
proposed 30 percent and 20 percent reduction in stopping distance, 
respectively.
    Potential compliance costs for the proposed 30 percent and 20 
percent stopping reduction requirements vary considerably and are 
dependent upon the types of the brake systems chosen by the 
manufacturers. Limited testing showed that both larger S-cam drum 
brakes and disc brakes at all wheel positions could meet the proposed 
30 percent and 20 percent reduction in stopping distance. Given the 
current level of compliance, the average incremental cost per truck 
tractor would be $153 for larger S-cam drum brakes and $1,308 for disc 
brakes for the 30 percent reduction in stopping distance and $108 for 
larger S-cam drum brakes and $914 for disc brakes for the 20 percent 
reduction in stopping distance. We estimate that the total incremental 
cost for the 30 percent reduction would range from $20 million to $170 
million dollars and that the total cost for the 20 percent reduction 
would range from $14 million to $119 million dollars.
    However, when the prevention of property damage and equivalent 
lives saved are considered (at a 3 percent discount rate) the 30 
percent reduction would result in a net benefit ranging from $994 
million to $1,144 million. The 20 percent reduction would result in a 
net benefit ranging from $320 million to $425 million.
    These costs and benefits were based on analyses of tests using 
vehicles that the agency believes to be representative of a majority of 
the market. We recognize that there may be vehicle configurations for 
which the cost of compliance may be higher. We request comment on the 
extent that other vehicle configurations would result in greater 
compliance costs.
    For a more detailed discussion of the agency's benefit and cost 
analysis, please refer to the preliminary regulatory impact analysis 
that has been placed in the docket for this notice.

V. Lead Time

    The current data support pursuing improvements specifically in 
truck tractor stopping distance performance, as these vehicles have the 
greatest exposure in fatal crashes among all of the large trucks. 
Substantial improvements in the braking performance of these vehicles 
appear feasible with existing technologies. The agency also understands 
that improvements in truck tractor stopping distance performance may 
involve more than simply increasing the power of foundation brakes, as 
changes might be required to suspensions and frames, etc., to handle 
the higher braking torque without decreasing vehicle durability and 
safety. However, the agency believes that two years of lead time after 
a final rule is issued would be adequate lead time for manufacturers to 
comply with a reduction in stopping distance in the proposed range. 
Given that vehicles tested by the agency and industry were able to 
comply with the proposed reductions without modifications other than to 
the foundation brakes, we believe that this is adequate lead time.
    Potential changes to stopping performance requirements for air-
braked single unit trucks and buses, and/or for hydraulic braked 
vehicles over 10,000

[[Page 74278]]

lbs. GVWR, will be addressed separately pending the outcome of relevant 
research data.

VI. Ongoing and Future Research

    To date, the agency's research effort has focused on the stopping 
distance performance of air-braked truck tractors. Experience with the 
stopping distance performance of heavy duty single-unit trucks has 
shown that the wide variety of vehicle and body configurations for 
these vehicles, including wheel bases, axle ratings, and center of 
gravity heights, may result in a wide range of stopping distance 
performance. NHTSA intends to perform future research to determine if 
equipment changes that have demonstrated improvements in truck tractor 
stopping distance performance can successfully be applied to single-
unit trucks as well.
    The Office of Vehicle Safety Research is currently conducting a 
research program involving 50 truck tractors in over-the-road service 
to field test electronically-controlled air brake systems (ECBS), in 
combination with air disc brakes, in order to evaluate how these 
systems perform in normal highway use. As stated above, the stopping 
distance testing performed by industry and the agency did not consider 
modifications to a truck tractor other than changes in the foundation 
brakes. The truck tractors in the ECBS study are coupled to trailers 
that are equipped with conventional S-cam drum brakes and the trailer 
braking is by conventional pneumatic control.
    Conventional air brake systems use pneumatic means to actuate the 
brakes and also to signal or control the brake actuation. ECBS uses 
pneumatic actuation of the brakes (compressed air in reservoirs 
delivered to brake actuators), but the signaling is performed 
electronically rather than pneumatically. The electronic signals 
transmit braking control commands over wires to electro-pneumatic 
control valves much faster than pneumatic signals flowing through brake 
tubing, providing quicker brake application and release timing. Also, 
ECBS can be interfaced with an electronic stability control system to 
selectively apply the brakes of a single-unit or combination vehicle to 
provide stability enhancement (yaw control to prevent vehicle spinout 
and speed reduction to prevent rollover) when instability conditions 
are detected through on-board sensors and processors. Other 
capabilities of ECBS include brake lining wear control, brake system 
status/diagnostic monitoring, and brake force proportioning to balance 
the brake forces according to the load being carried.
    At present, ECBS is found more commonly on European commercial 
vehicles whereas market penetration in the U.S. has been low. In the 
U.S. market, trucking fleets play a much larger role in the 
specification of truck equipment than in Europe, and the complexity and 
cost of ECBS has contributed to U.S. fleets not purchasing these 
systems.
    All of the ECBS that are currently in use on the road, both in 
Europe and the U.S., have full, split-system pneumatic redundancy. For 
ECBS to be economically viable in the U.S. market, it is possible that 
a different configuration would be needed with regard to pneumatic 
redundancy (i.e., back-up systems that prevent total loss of braking in 
the event of a partial brake system failure). The ECBS research and 
testing that is ongoing in the U.S. is in part being conducted to 
determine the reliability of electronic brake control, so that the 
agency will be better able to evaluate the safety of future, less 
expensive ECBS configurations that may be more acceptable to the U.S. 
fleet.
    Results from the agency's ECBS research are expected to be 
published in mid-2005. While the agency believes that ECBS may provide 
some modest stopping distance reductions on heavy vehicles because of 
faster brake application timing, at this time the agency anticipates 
that the greatest improvements in stopping distance performance will be 
achieved through the application of more powerful foundation brakes. 
Therefore, ECBS was not considered for the proposal in this document.
    The agency is unaware of performance data for systems using ECBS 
with proportional brake force control, but welcomes comments on this 
subject as well.
    Additional vehicle testing is scheduled at VRTC through 2005 
including air-braked single unit trucks and a variety of hydraulic-
braked single-unit trucks and buses with GVWRs over 10,000 pounds. 
NHTSA will focus near-term research on typical configurations of 
single-unit trucks. Results of planned testing are not likely to be 
available until mid-2005, with additional test reports provided as the 
work is completed.
     In advance of the agency completing research on the 
braking performance of single-unit trucks, we are soliciting comments 
and data on potential improvements in this area.
    NHTSA's Office of Vehicle Safety Research is also conducting 
research of dynamometer brake testing as specified in FMVSS No. 121. 
Under the requirements in S5.4 of FMVSS No. 121, trailer brakes are 
required to meet the brake retardation force requirements in S5.4.1, 
and all air brakes are required to meet the fade and recovery 
requirements in S5.4.2 and S5.4.3. Since there are no stopping distance 
requirements for trailer service brake systems in the standard, the 
dynamometer requirements serve to ensure adequate braking capability 
for trailer foundation brakes. The research will determine in part the 
performance of S-cam drum and air disc foundation brakes relative to 
the existing dynamometer requirements in FMVSS No. 121. The agency 
expects that this research will be completed (and a report published) 
by mid-2005.
    Results of the dynamometer testing will assist the agency in 
determining if the dynamometer requirements in FMVSS No. 121, including 
brake retardation force and fade and recovery, should be considered for 
revision. Potentially, changes in either series of requirements could 
affect trailer braking systems or the fade and recovery requirements 
for any foundation brake used in truck, bus, or trailer air brake 
systems. Improvements to stopping performance requirements for 
tractors, involving steer axle braking power, may not benefit from 
changes to dynamometer requirements since the dynamic loading (weight 
transfer to the axle during hard braking) of steer axles can far exceed 
the static axle loading on which the dynamometer testing is based.
     The agency requests data from dynamometer tests conducted 
on standard and larger S-cam drum brakes and air disc foundation brake 
assemblies from all types of air-braked vehicles.
    Finally, brake suppliers have provided the agency with limited 
information on enhanced ABS systems that have the capability of 
providing electronic stability control through selective application of 
brakes. The enhancement to the ABS is the ability to apply air and then 
use ABS modulator valves to hold off the brakes at certain wheels, so 
that selective braking is achieved. The stability control system is 
activated when a vehicle instability condition is detected by on-board 
sensors (yaw rate [vehicle spin], steering angle, etc.). The agency 
believes that such systems may provide many of the electronic stability 
control functions enabled by installation of ECBS but at lower cost. 
The agency is not aware that such systems would have substantial 
benefits in stopping distance

[[Page 74279]]

performance but welcomes comments on this issue.
    While data from on-going and planned research may demonstrate that 
additional reductions to the stopping distance requirements are 
possible for all air-braked vehicles to varying degrees, the agency 
believe that the current data supports the proposed reduction in 
distances for truck tractors.

VII. Request for Comments

How Can I Influence NHTSA's Thinking on This Document?

    In developing this document, we tried to address the concerns of 
all our stakeholders. Your comments will help us improve this rule. We 
invite you to provide different views on options we propose, new 
approaches we have not considered, new data, how this document may 
affect you, or other relevant information. We welcome your views on all 
aspects of this document, but request comments on specific issues 
throughout this document. We grouped these specific requests near the 
end of the sections in which we discuss the relevant issues. Your 
comments will be most effective if you follow the suggestions below:
    Explain your views and reasoning as clearly as possible.
     Provide solid technical and cost data to support your 
views.
     If you estimate potential costs, explain how you arrived 
at the estimate.
     Tell us which parts of this document you support, as well 
as those with which you disagree.
     Provide specific examples to illustrate your concerns.
     Offer specific alternatives.
     Refer your comments to specific sections of this document, 
such as the units or page numbers of the preamble, or the regulatory 
sections.
     Be sure to include the name, date, and docket number with 
your comments.
    In addition to responses to issues and questions raised above, the 
agency requests comments on the following issues and questions.
    1. Comment on the general need for improved stopping distance 
requirements for air-braked truck tractors.
    2. Provide comments on reducing stopping distances (at GVWR and 
LLVW) for tractors by 20 percent compared to the current FMVSS No. 121 
requirement. Provide comments on reducing stopping distance for truck 
tractors by 30 percent.
    3. Comment on the lead time to implement improvements on production 
vehicles required to comply with a 20 percent reduction; a 30 percent 
reduction.
    4. Describe the vehicle modifications that are likely needed to 
reduce truck tractor stopping distance by 20 percent; 30 percent. 
Include the pros and cons of larger drum brakes and disc brakes, driver 
and vehicle purchaser acceptance, component/system weight and cost, 
vehicle alterations or engineering requirements, maintenance 
considerations, and other in-service issues. If possible, relate past 
experience with the application of similar brake system enhancements to 
European or North American air-braked trucks and buses.
    5. Provide comments or data to identify any brake balance issues 
that may occur if truck tractors with more powerful foundation brakes 
are used in the existing trailer fleet. Again, relating experience with 
in-service tractors would be beneficial.
    6. Please comment on any margin of compliance issues for tractors 
as related to the current effort to improve their stopping distance 
performance.
    7. Describe any efforts that have been undertaken to improve 
single-unit truck braking performance. For example, many hydraulic-
braked medium-duty trucks are now equipped with disc brakes at all 
wheel positions. Are there any similar efforts to improve the braking 
performance of heavy-duty air-braked single-unit trucks? Also, provide 
data if you believe there are single-unit truck configurations for 
which stopping distance improvements may be difficult to achieve.
    8. Describe developments in ECBS and advanced ABS, and how these 
systems would have a positive effect on truck safety. Please quantify 
the benefits from these technologies in achieving the agency goal of 
reducing heavy vehicle stopping distances. How close are these systems 
to commercial application in the U.S. and what is the expected cost and 
acceptance by trucking fleets?
    9. Provide data or information on dynamometer testing that would 
assist the agency in determining if the FMVSS No. 121 dynamometer 
requirements should be revised. Describe changes to the dynamometer 
requirements that could benefit heavy vehicle safety, or conversely, 
could have a negative effect and therefore should be avoided. Quantify 
additional costs, for testing or otherwise, associated with suggested 
changes to the dynamometer test requirements.
    10. Provide comment and /or data on the extent to which the 
tractors tested by NHTSA and Radlinski & Associates cited in this NPRM 
are representative of the current vehicle fleet.

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are filed correctly 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) 
NHTSA 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. You may also submit your comments to the docket 
electronically by logging onto the Docket Management System (DMS) Web 
site at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/
Info'' to obtain instructions for filing your comments 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.\14\
---------------------------------------------------------------------------

    \14\ 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.
---------------------------------------------------------------------------

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

[[Page 74280]]

claimed to be confidential business information, you should include a 
cover letter setting forth the information specified in NHTSA's 
confidential business information regulation (49 CFR Part 512).

Will the Agency Consider Late Comments?

    NHTSA 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, the agency will also 
consider comments that Docket Management receives after that date. If 
Docket Management receives a comment too late for the agency to 
consider it in developing a final rule (assuming that one is issued), 
the agency 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 ``simple search.''
    3. On the next page (http://dms.dot.gov/search/searchFormSimple.cfm) type in the 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. Although the comments are imaged documents, 
instead of word processing documents, the ``pdf'' versions of the 
documents are word searchable.
    Please note that even after the comment closing date, NHTSA will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
the agency recommends 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.

VIII. 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 reviewed by the Office of Management 
and Budget under E.O. 12866. This rulemaking is significant under E.O. 
12866 and the Department's Regulatory Policies and Procedures (44 FR 
11034; February 26, 1979). As discussed above, we estimate that the 
total cost for the 30 percent reduction would range from $20 million to 
$170 million dollars and that the total cost for the 20 percent 
reduction would range from $14 million to $119 million. We also 
estimate that the net benefits (at a 3 percent discount rate) range 
from $994 million to $1,144 million for the 30 percent reduction and 
from $320 million to $425 million for the 20 percent reduction. For a 
complete discussion of the benefits and costs see the preliminary 
regulatory impact analysis that has been placed in the docket for this 
rulemaking.

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). 
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. 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.
    I certify that the proposed amendment would not have a significant 
economic 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)). If adopted, the proposal would 
directly affect motor vehicle manufacturers, second stage and final 
manufacturers, and alterers. North American Industry Classification 
System (NAICS) code number 336120, Heavy Duty Truck Manufacturing, 
prescribes a small business size standard of 1,000 or fewer employees. 
NAICS code No. 336211, Motor Vehicle Body Manufacturing, prescribes a 
small business size standard of 1000 or fewer employees.
    None of the manufacturers of truck tractors would qualify as a 
small business. Truck tractors are not sold as incomplete vehicles, but 
are occasionally modified after certification through the addition of 
auxiliary axles. Businesses modifying certified vehicles are prohibited 
from knowingly making inoperative any part of a device or element of 
design installed on or in a motor vehicle or motor vehicle equipment 
that is in compliance with any applicable FMVSS (49 U.S.C. Sec.  
30122). Today's rulemaking, if made final, would not increase the cost 
of complying with this ``make inoperative'' prohibition. 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. Vehicle Safety Act

    Under 49 U.S.C. Chapter 301, Motor Vehicle Safety (49 U.S.C. 30101 
et seq.), the Secretary of Transportation is

[[Page 74281]]

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 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 
associated deaths. 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.
    The agency carefully considered these statutory requirements in 
proposing the amendment to FMVSS No. 121. We believe that the proposed 
amendments to FMVSS No. 121 would be practicable. As explained above, 
research data indicate that a 20-30% reduction in stopping distance for 
heavy trucks could be achieved with currently available brake 
technologies. Further, we believe that the proposed amendment would 
advance motor vehicle safety. As explained in detail in the preliminary 
regulatory impact analysis, the proposal potentially would save 104 to 
257 lives a year. Finally, the proposed requirements would amend the 
stopping distance requirements of FMVSS No. 121 for heavy trucks, but 
would maintain the test procedures currently specified in that 
standard. These test procedures provide the objective procedures with 
which industry is currently complying.

D. National Environmental Policy Act

    NHTSA has analyzed these amendments for the purposes of the 
National Environmental Policy Act and determined that if made final, 
they would not have any significant impact on the quality of the human 
environment.

E. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined that it does not have sufficient federalism implications to 
warrant consultation with State and local officials or the preparation 
of a federalism summary impact statement. The proposed rule would have 
no 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.

F. 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 $109 million annually 
(adjusted for inflation with base year of 1995). The proposed rule, if 
issued as a final rule, could require the expenditure of resources 
above and beyond $100 million annually. However, initial agency 
estimates indicate that manufacturers could comply with the range 
proposed, for under $100 million. NHTSA will explore various options 
based on the response to the public comments. For example, the agency 
could decide to reduce the stopping distance by 20 percent as opposed 
to 30 percent.

G. Executive Order 12988 (Civil Justice Reform)

    This rule, if made final, would not have any retroactive effect. 
Under section 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.

H. 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 OMB control number. This rule would not 
establish any new information collection requirements.

I. Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Today's rule has been written with that directive in 
mind, although FMVSS No. 121, in general, is technical in nature. As 
such, they may require some understanding of technical terminology. We 
expect that parties directly affected by today's rulemaking, if made 
final, i.e., vehicle manufacturers, to be familiar with such 
terminology.

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.

K. Executive Order 13045

    Executive Order 13045 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 rulemaking does not concern an environmental health or safety 
risk that disproportionately affects children.

L. 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 us to use voluntary consensus standards in our 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 us to provide Congress, through OMB, 
explanations when we decide not to use available and applicable 
voluntary consensus standards.
    There are no relevant voluntary consensus standards available at 
this time. However, we will consider any such standards when they 
become available.

[[Page 74282]]

M. Privacy Act

    Anyone is able to search the electronic form of all submissions 
received into any of our dockets by the name of the individual 
submitting the comment or petition (or signing the comment or petition, 
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, Reporting and recordkeeping 
requirements, Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
Chapter V as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 of Title 49 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.

    2. Section 571.121 would be amended by revising Table II to read as 
follows:


Sec.  571.121  Standard No. 121; Air brake systems.

* * * * *
BILLING CODE 4910-59-P

[[Page 74283]]

[GRAPHIC] [TIFF OMITTED] TP15DE05.019

* * * * *

    Issued on: December 9, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-24070 Filed 12-14-05; 8:45 am]
BILLING CODE 4910-59-C