Federal Motor Vehicle Safety Standards; Stability and Control of Medium and Heavy Vehicles During Braking

Federal RegisterMar 10, 1995

Ask Donna

What actually matters in this document.

Text

SUMMARY: In response to the Intermodal Surface Transportation

Efficiency Act (ISTEA) of 1991, this final rule amends Standard No.

105, Hydraulic Brake Systems, and Standard No. 121, Air Brake Systems,

to require medium and heavy vehicles to be equipped with an antilock

brake system (ABS) to improve the directional stability and control of

these vehicles during braking. For truck tractors, the ABS requirement

is supplemented by a 30-mph braking-in-a-curve test on a low

coefficient of friction surface using a full brake application. By

improving directional stability and control, these requirements will

significantly reduce deaths and injuries caused by jackknifing and

other losses of directional stability and control during braking.

In addition, this final rule requires all powered heavy vehicles to

be equipped with an in-cab lamp to indicate ABS malfunctions. Truck

tractors and other towing trucks are required to be equipped with two

separate in-cab lamps: one indicating malfunctions in the towing truck

ABS and the other indicating malfunctions in the towed trailer or dolly

ABS. Trailers produced during an initial eight-year period must also be

equipped with an external malfunction indicator that will be visible to

the driver through the rearview mirror of the towing truck or tractor.

More specifically, the external trailer indicator will indicate an ABS

malfunction to the driver, if the trailer is being towed by an older

vehicle that is not equipped with an in-cab lamp for trailer ABS

malfunction indication. In general, the indicators will provide

valuable information about ABS malfunctioning to the driver and to

maintenance and Federal and State inspection personnel.

DATES: Effective Dates: The amendments to 49 CFR 571.105 become

effective on March 1, 1999. The amendments to 49 CFR 571.121 become

effective on March 1, 1997. Compliance to Sec. 571.121 with respect to

air-braked trailers and single unit trucks and buses will be required

as of March 1, 1998.

Petitions for Reconsideration: Any petitions for reconsideration of

this rule must be received by NHTSA no later than April 10, 1995.

ADDRESSES: Petitions for reconsideration of this rule should refer to

Docket 92-29; Notice 5 and should be submitted to: Administrator,

National Highway Traffic Safety Administration, 400 Seventh Street,

S.W., Washington, D.C. 20590.

FOR FURTHER INFORMATION CONTACT: Mr. George Soodoo, Office of Crash

Avoidance, National Highway Traffic Safety Administration, 400 Seventh

Street, SW., Washington, D.C. 20590 (202) 366-5892.

SUPPLEMENTARY INFORMATION:

I. Overview

II. Background

A. The Safety Problem: Loss of Control Crashes

B. Braking Systems, Tires, Wheel Lockup, and Loss of Control

Crashes

III. US and Foreign Activities Related to Stability and Control

During Braking Performance

A. Early US Regulatory History

B. PACCAR Case

C. US and Foreign Experience with ABS since PACCAR

IV. Advance Notice of Proposed Rulemaking (ANPRM)

V. Agency Proposal

VI. Comments on the Proposal

VII. Agency's Supplemental Proposal

VIII. Comments on the Supplemental Proposal

IX. Agency Decision

A. Requirement for and Definition of ABS

1. Legal Authority

2. Elements of the Requirement/Definition for ABS

3. Dynamic Versus Equipment Requirements

B. Independent Wheel Control

C. Braking-In-A-Curve Test

1. General Considerations

2. Test Surface

3. Test Speed

4. Type of Brake Application

5. Number of Test Stops for Certification

6. Test Weight

7. Loading Conditions

8. Initial Brake Temperature

9. Transmission Position

10. Summary of General Test Conditions

D. Reliability and Maintenance

E. Requirements for Durability, Reliability, and Maintainability

F. Alleged Safety Problems

G. ABS Malfunction Indicator Lamps

1. Number and Location; Duration of Trailer Requirement

2. Conditions for Activation

3. Activation Protocol for Malfunction Indicators

4. Signal Storage

5. Disabling Switch

6. ABS Failed System Requirements

H. Power Source

I. Applicability of Amendments

1. Trailers with Hydraulic or Electric Brakes

2. Hydraulically Braked Vehicles

J. Implementation

K. Intermediate and Final Stage Manufacturers/Trailer

Manufacturers

L. Benefits

M. Costs

IX. Rulemaking 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 12612 (Federalism)

E. Civil Justice Reform

I. Overview

As part of NHTSA's plans to improve the braking performance of

medium and heavy vehicles,1 this final rule amends the agency's

two brake standards for those vehicles by adopting requirements to

improve the directional stability and control characteristics of these

vehicles while braking. The two Federal Motor Vehicle Safety Standards

(FMVSSs) are Standard No. 105, Hydraulic Brake Systems, and Standard

No. 121, Air Brake Systems. In formulating this final rule, NHTSA has

relied on extensive fleet studies of tractor trailer combinations

equipped with antilock systems, road testing of such vehicles at the

agency's Vehicle Research Test Center (VRTC), review of its Fatal

Accident Reporting Systems (FARS) data and other crash data, the

positive experience with ABS-equipped heavy vehicles in Europe and

throughout the world, comments to the public docket about this

rulemaking, and other available information.

\1\Hereinafter referred to as ``heavy vehicles.''

---------------------------------------------------------------------------

In order to fully understand the safety problem being addressed by

this rulemaking, it is necessary to examine in detail the reasons for

wheel lockup and the consequences of such lockup. Moreover, in order to

fully understand the reasons for the agency's decision to require that

heavy vehicles be equipped with a closed-loop ABS, it is necessary to

understand the general characteristics of brake systems, the force-

generating characteristics of tires, and the interactions between brake

systems and tires.

To provide the reader with a means for gaining this understanding,

NHTSA has included an Appendix in this document, which provides a

discussion of basic service brake systems, loss-of-control crashes, and

ABS characteristics. The Appendix discusses the types of heavy brake

systems that [[Page 13217]] are currently in use, how brake systems

work, and why lockup occurs. It also discusses the force-generating

characteristics of tires and how they are affected by varying levels of

wheel slip and the need to take these characteristics into account in

addressing the problem of loss-of-control crashes. Finally, the

Appendix discusses the need for ABS and describes their method of

operation. Several terms, such as ``wheel slip'' that are used

throughout this notice are discussed in detail and defined in the

Appendix. When terms whose precise meaning affects the understanding of

the agency's rationale are introduced, the reader could refer to the

Appendix for a discussion of the term.

Therefore, readers who lack a technical background and who desire a

more complete understanding of this rulemaking may wish at this point

to read the Appendix before moving on to the rest of the preamble.

NHTSA has decided to require the installation of ``closed-

loop''2 antilock systems on all heavy vehicles. The agency, in

accordance with Supreme Court precedent that required the agency to

consider mandating the installation of a particular type of automatic

restraint system (i.e., ``airbags only'') for passenger cars,3 is

adopting a rule that defines antilock brake systems, in performance

terms, as systems that ``automatically control the degree of rotational

wheel slip4 during braking'' through sensors and transmitters that

measure, transmit, and generate signals concerning the rate of wheel

angular rotation to controlling devices which adjust brake application

pressure to prevent wheel lockup. In addition, for truck tractors, the

rule prescribes a 30-mph braking-in-a-curve dynamic test on a low

coefficient of friction surface.

\2\A closed-loop (control) system is one which examines the

output of the system and adjusts the input to the system in response

to that output. This inclusion of the output (or some function of

the output) as part of the input to such a system is referred to as

feedback.

\3\(Motor Vehicle Manufacturers' Association v. State Farm

Insurance, 463 U.S. 29, (1983))

\4\See the Appendix for a discussion of this term and

directional stability.

---------------------------------------------------------------------------

Although some commenters characterized NHTSA's definition as an

impermissible design standard, NHTSA has specifically sought to avoid

imposing unnecessary design restrictions or impeding the future

development of ABS, by adopting a definition that permits any antilock

brake system that ensures feedback between what is actually happening

at the tire-road surface interface and what the device is doing to

respond to excessive wheel slip. To the extent that NHTSA's definition

restricts design choices, e.g., by requiring a ``feedback'' system in

which control devices must respond to signals that monitor wheel slip,

the requirements are stated broadly and in performance terms. Such an

approach is consistent with that adopted in numerous other Federal

Motor Vehicle Safety Standards, including Standard No. 108 which

requires vehicles to be equipped with specified lamps and reflective

devices, Standard No. 111 which requires that vehicles be equipped with

rearview mirrors, and Standard No. 208 which requires vehicles be

equipped with safety belts.

Moreover, the United States Court of Appeals for the Sixth Circuit

has upheld a dimensional restriction on rectangular headlamps,

reasoning that ``uniformity of headlamp size is an element of headlamp

performance.''5 Accordingly, NHTSA has decided to reject the

conceptual objections to ``closed-loop'' ABS systems expressed by

commenters whose economic self-interest militates against the

requirement, including manufacturers of alternative, non-electronic

braking systems that are incapable of sensing and adjusting braking

pressures to control that wheel slip, and an association of fleet

owners that may wish to avoid incurring the added expense of purchasing

vehicles that are equipped with electronic ABS systems.

\5\Chrysler Corp. v. DOT, 515 F.2d 1053, 1058-59 (1975).

---------------------------------------------------------------------------

Currently, all powered6 heavy vehicles equipped with ABS are

required to be equipped with an in-cab ABS malfunction indicator lamp

indicating malfunctions in the powered vehicle's ABS. Today's final

rule requires trucks (including truck tractors) equipped to tow another

air-braked vehicle to be equipped with another, separate in-cab lamp

indicating malfunctions in the ABS(s) of the towed vehicle(s). For an

eight-year period, the amendment requires trailers to be equipped with

an external ABS malfunction indicator that will be visible to the

driver of the towing truck or truck tractor through the rearview

mirror. In particular, the external trailer indicator lamp will provide

information to the driver, if the trailer is being towed by an older

vehicle that is not equipped with an in-cab lamp indicating trailer ABS

malfunctions. In general, the indicators will provide valuable

information about ABS malfunctioning to the driver and to maintenance

and Federal and State inspection personnel.

\6\By powered vehicle, the agency means a vehicle equipped with

an engine that propels the vehicle. In contrast, a non-powered

vehicle, such as a trailer, is towed by another vehicle.

---------------------------------------------------------------------------

In separate, related documents published elsewhere in today's

Federal Register, NHTSA announces its decision to reinstate stopping

distance requirements for air-braked heavy vehicles and to establish

such requirements for hydraulically-braked heavy vehicles. In addition,

to carry out the antilock requirement, the Federal Highway

Administration (FHWA) is announcing its intent to require such systems

on heavy vehicles to be operational.

NHTSA is issuing this final rule on directional stability and

control pursuant to the Motor Carrier Act of 1991, a part of the

Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991.

Section 4012 directs the Secretary of Transportation to initiate

rulemaking concerning methods for improving braking performance of new

commercial motor vehicles,7 including truck tractors, trailers,

and their dollies. Congress specifically directed that such a

rulemaking examine antilock systems, means of improving brake

compatibility, and methods of ensuring effectiveness of brake timing.

The Act requires that the rulemaking be consistent with the Motor

Carrier Safety Act of 1984 (49 U.S.C. Sec. 31147) and be carried out

pursuant to, and in accordance with, the National Traffic and Motor

Vehicle Safety Act of 1966 (Safety Act) (49 U.S.C. 30101 et seq.).

\7\Vehicles with a gross vehicle weight rating (GVWR) of 26,001

or more pounds.

---------------------------------------------------------------------------

NHTSA notes that, in the mid-1970's, Standard No. 121 was amended

to include stringent stopping distance requirements, coupled with a

``no lockup'' requirement, which had the effect of requiring heavy

vehicles to be equipped with antilock brake systems. In response to a

legal challenge, the U.S. Court of Appeals for the 9th Circuit

invalidated the stopping distance and ``no lockup'' requirements in

Standard No. 121, along with certain other provisions, holding that the

standard was ``neither reasonable nor practicable at the time it was

put into effect.''8

\8\PACCAR v. NHTSA, 573 F.2d 632 (9th Cir. 1978), cert. denied,

439 U.S. 862 (1978)

---------------------------------------------------------------------------

As explained throughout this document, the underlying conditions

related to equipping heavy vehicles with antilock brake systems differ

markedly from 20 years ago when the petitioners challenged the agency

in PACCAR. First, antilock brake technology has advanced dramatically

since the mid-1970's, and antilock brake systems are now in widespread,

everyday use, both in this country and [[Page 13218]] throughout the

world. Second, NHTSA's extensive fleet study about heavy vehicle

antilock systems demonstrates that these systems are reliable when

placed in use. Third, the agency's testing of truck tractors equipped

with antilock systems indicates that they provide significantly

improved directional stability and control compared to vehicles without

antilock systems. Fourth, while the antilock systems used in the mid-

1970s also incorporated significantly larger, more aggressive

foundation brakes, which were sometimes incompatible with less

aggressive systems on existing vehicles when the antilock system

malfunctioned, the requirements being adopted today do not necessitate

such aggressive brakes. Therefore, they do not have the potential for

creating a more dangerous highway environment. Fifth, the performance

requirements adopted in today's final rule do not raise practicability

concerns. Based on these and other considerations discussed throughout

this document, NHTSA believes that today's final rule satisfies the

concerns raised by the PACCAR court.

II. Background

A. The Safety Problem: Loss of Control Crashes

Crashes involving heavy vehicles result in a significant number of

fatalities and injuries, and a significant amount of property damage

each year. Based on available statistics, NHTSA has estimated the

number of crashes in 1992 for several different groups of heavy

vehicles. For heavy combination vehicles, the agency estimates that

there were about 168,000 crashes. These crashes resulted in about

13,600 injuries and 387 fatalities to the occupants of heavy

combination vehicles and about 51,500 injuries and 2,452 fatalities to

the occupants of the other vehicles involved. For truck tractors

operating without a trailer, also known as ``bobtail'' truck tractors,

the agency estimates that there were about 8,400 crashes, resulting in

about 1,200 injuries and 39 fatalities to truck tractor occupants and

about 2,600 injuries and 178 fatalities to occupants of other involved

vehicles. For heavy single-unit trucks and school buses, the agency

estimates that there were about 192,600 crashes, resulting in about

15,700 injuries and 165 fatalities to truck and school bus occupants

and about 48,300 injuries and 891 fatalities to occupants of other

involved vehicles. For transit and intercity buses, the agency

estimates that there were about 49,500 crashes, resulting in about

19,500 injuries and 28 fatalities to bus occupants and about 9,100

injuries and 230 fatalities to occupants of other involved vehicles.

Based on analyses of both national and state accident data, NHTSA

estimates that between 10 percent and 15 percent of the crashes

involving heavy combination vehicles (including bobtail truck tractors)

involved in a jackknife or other braking-induced instability or loss of

control. For a more detailed discussion of the injury statistics, the

reader should refer to the Final Economic Assessment (FEA) for this

rulemaking.

This rulemaking focuses on crashes involving loss-of-control. Such

incidents result from braking-induced wheel lockup with subsequent loss

of the ability of the vehicle's tires to generate ``stabilizing

forces.''9 This loss of tire stabilizing forces can result in

either vehicle directional instability if it occurs at the vehicle's

rear wheels or loss of steering control if it occurs at the vehicle's

steering (front) wheels.

\9\See the Appendix which defines and discusses this term.

---------------------------------------------------------------------------

B. Braking Systems, Tires, Wheel Lockup, and Loss of Control Crashes

When a vehicle driver makes a brake application that is too

``hard'' for conditions, the driver is likely to lock some or all of

the vehicle's wheels (i.e., the wheels will be ``sliding'' rather than

``rolling''). Locking up wheels is more likely to occur under

conditions where the maximum forces that can be generated by the

vehicle's tires are reduced, i.e., when the vehicle is lightly loaded

or empty and/or when the road is slippery. When wheel lockup occurs,

vehicle loss-of-control can result. Incorporation of an ABS decreases

the likelihood of wheel lockup, and increases the driver's ability to

maintain control during severe braking maneuvers, that would otherwise

lead to wheel lockup and resultant loss of directional stability and

control, if the vehicle is not equipped with an ABS.

III. US and Foreign Activities Related to Stability and Control During

Braking Performance

A. Early US Regulatory History

NHTSA has been concerned about the safety of heavy vehicle braking

systems since the agency's inception. On October 11, 1967, the

predecessor of NHTSA, the FHWA's National Highway Safety Bureau,

published a notice of its intention to promulgate brake standards for

hydraulic and air-braked trucks and buses, and air-braked trailers. (32

FR 14279.) The initial notice of proposed rulemaking (NPRM) for air-

braked systems proposed various requirements, including requiring

vehicles equipped with such systems to stop within certain distances,

from certain speeds, without leaving a 12-foot wide lane and without

lockup of any wheel ``more than momentarily.'' (35 FR 10368, June 25,

1970.) A companion NPRM for hydraulic brake systems proposed

essentially identical performance requirements for heavy vehicles

equipped with those systems. (35 FR 17345, November 11, 1970.) These

notices proposed that heavy vehicles would have to stop from 60-mph

within 216 feet on a surface with a skid number of 75.\10\ The ``no

lockup'' provision was intended to minimize skidding, spinning, and

jackknifing due to wheel lockup and loss of directional stability.

\10\A skid number describes the friction properties of pavement.

A skid number of 75 is representative of a dry surface with a

relatively high coefficient of friction. See the Appendix for a

discussion of this term.

---------------------------------------------------------------------------

In the final rule establishing Standard No. 121, the agency decided

to increase the 60-mph stopping distance from 216 feet to 245 feet. (36

FR 3817, February 27, 1971.) The final rule amending Standard No. 105

to extend its applicability to heavy vehicles, also increased the 60-

mph stopping distance for those vehicles to 245 feet. (37 FR 17970,

September 2, 1972.) The requirements for air-braked vehicles were to

become effective on September 1, 1973, and those for hydraulic-braked

vehicles, on September 1, 1974.

Although neither standard specifically required antilock, NHTSA

anticipated that manufacturers would equip heavy vehicles with antilock

brake systems to comply with these requirements. The agency explained

that the less stringent stopping distance was being required to reflect

more accurately the vehicle performance given the test track road

surface's friction characteristics.

Since the required stopping distances were shorter than the

stopping performance achieved by certain heavy vehicles, new, more

aggressive foundation braking systems were necessary for those

vehicles. In particular, vehicles with short wheelbases needed to have

considerably more aggressive front axle brakes to meet the shorter

stopping distance requirements. If not kept properly adjusted, these

more aggressive front brakes might produce a brake ``pull'' to one

side, which was disconcerting to drivers, particularly on vehicles

without power steering. In addition, drivers were concerned about loss

of steering control caused by wheel lockup on the

[[Page 13219]] steering axle. At the time, most manufacturers equipped

their vehicles with antilock devices because the standards required

stops to be made without more than momentary lockup of the wheels.

These devices served to prevent steering axle lockup problems as well,

but there was concern that safety problems could result on short-

wheelbase, high-center-of-gravity vehicles, in the event that the

antilock system should malfunction.

NHTSA extended the effective dates for the stopping distance

requirements in Standard No. 105 and Standard No. 121. (37 FR 3905,

February 24, 1972; 38 FR 3047, February 1, 1973; 39 FR 17550, 17563,

May 17, 1974.) Prior to the final effective date for Standard No. 105,

the amendments pertaining to heavy vehicles were withdrawn, so the

requirements for heavy hydraulic-braked trucks and buses never went

into effect. (40 FR 18411, April 28, 1975.) Standard No. 121 became

effective on January 1, 1975, for trailers, and on March 1, 1975, for

trucks and buses. At that time, the 60-mph stopping distance

requirement remained at 245 feet. However, after several revisions to

the stopping distance requirements, NHTSA amended the standard by

extending the 60-mph stopping distance requirement to 293 feet, as

requested by Freightliner in a petition for reconsideration. (41 FR

8783, March 1, 1976.)

B. PACCAR Case

In January 1975, PACCAR (a truck manufacturer), the American

Trucking Associations (ATA), and the Truck Equipment and Body

Distributors Association (TEBDA) sued the agency, challenging the

stopping distance requirements in Standard No. 121, which they believed

required the use of antilock brake systems.

Specifically, the petitioners challenged the 245-foot stopping

distance. The subsequent increase to 293 feet, a distance that did not

necessitate such aggressive front brakes, occurred after the suit was

filed. The petitioners argued that the agency failed to demonstrate a

safety need for the standard and that the testing procedures were not

objective, impracticable, and unreasonable. TEBDA objected to the

standard's certification requirements.

In response to the suit, the stopping distance and ``no lockup''

requirements in Standard No. 121, along with certain other provisions,

were invalidated by the United States Court of Appeals for the 9th

Circuit in PACCAR. The court held that NHTSA was justified in

promulgating a standard requiring improved air brake systems and

stability mechanisms. However, after reviewing the record about

reliability problems with antilock brake systems then in use, the court

further held that the standard was ``neither reasonable nor practicable

at the time it was put into effect.'' Id. at 640. Among the court's

other findings were that the agency had a responsibility (1) to examine

the results of its rulemakings by investigating more fully the safety

of vehicles in use, (2) to assure that the new systems it requires are

reliable when placed in use, and (3) to determine that its regulations

do not produce a more dangerous highway environment than that which

existed prior to government intervention. Based on these findings, the

court stated that

* * * those parts of the Standard requiring heavier axles and

the antilock device should be suspended. The evidence indicates that

this can be accomplished if we hold, as we do, that the stopping

distance requirements from 60 mph are invalid * * * We hold only

that more probative and convincing data evidencing the reliability

and safety of vehicles that are equipped with antilock and in use

must be available before the agency can enforce a standard requiring

its installation.

Id. at 643.

The court also ruled on the objectivity and practicability of the

testing procedures in Standard No. 121. First, the court stated that

road surface skid numbers used for testing certified vehicles were

``ill-chosen'' where they assumed the use of a particular tire no

longer in production. Id. at 644. Second, the skid number method of

testing was not objective. Id. at 644. Third, the testing procedure was

not practicable because fluctuations in skid numbers on a given road

surface made it impracticable for manufacturers to conduct tests that

assure that their vehicles will exactly meet the objective standard

when tested by NHTSA. Id. at 644. Fourth, manufacturers are entitled to

testing criteria that they can rely on with certainty. Id. at 644.

Fifth, the standard failed to specify formal and reasonably specific

testing criteria about the time intervals between tests, the duration

of permissible wheel lockup during tests, and the amount of curving in

testing track roadways. Id. at 645. Sixth, the agency's suggestions of

alternative methods of satisfying the Safety Act's ``due care''

provision were inadequate since such alternatives were not set forth in

the regulations. Id. at 645.

The court remanded the matter to NHTSA to clarify certain

provisions in Standard No. 121. In response to PACCAR, the agency

issued several notices amending the standard to be consistent with the

decision. (43 FR 39390, September 5, 1978; 43 FR 48646, October 19,

1978; 43 FR 58820, December 18, 1978; 44 FR 46849, August 9, 1979.) In

the September 1978 notice, the agency amended the standard to specify

test procedures and conditions for frictional characteristics of the

test track surface, duration of time intervals between road tests,

duration of permissible wheel lockup during road tests, the amount of

curving in the test track, and the means for establishing the

frictional resistance of the road test surface. In the October 1978

notice, the agency set forth its interpretation of PACCAR to guide

continuing compliance with the standard. Specifically, the notice

explained that the court had invalidated the ``no lockup'' provisions

in S5.3.1 and S5.3.2 as they apply to trucks and trailers, along with

the related stopping distances established for 60-mph stopping tests

for heavy vehicles. That notice also amended the requirements to

provide for ``due care certification.'' In the December 1978 notice,

NHTSA responded to petitions for reconsideration of certain aspects of

the September 1978 notice, including vehicle exclusions and road test

procedures. The agency withdrew the changes to specification of initial

brake temperatures, skid number ranges, and duration of wheel lockup

that were made in the September notice. In the August 1979 notice, the

agency further clarified its interpretation of certain findings of

PACCAR.

C. US and Foreign Experience With ABS Since PACCAR

As a result of the 1978 PACCAR decision, U.S. manufacturers chose

to halt development and production of ABS for heavy vehicles. For

instance, before the 1978 ruling, A-C Sparkplug, a domestic

manufacturer of ABS, produced about 180,000 ABS units per year. By

1984, it was producing only about 500 units annually.

NHTSA continued to study the effectiveness of heavy truck antilock

brake systems. Among other things, the agency studied the in-use

experience with ABS in other countries, conducted performance testing

of ABS equipped heavy vehicles, and conducted an extensive domestic

fleet in-use test of ABS equipped heavy vehicles.

In response to section 9107 of the Truck and Bus Regulatory Reform

Act of 1988, NHTSA submitted a report to Congress titled ``Improved

Brake Systems for Commercial Vehicles'' (Report No. DOT HS 807 706).

(April 1991) After discussing crash data concerning heavy vehicle brake

systems, the report examined factors related to braking effectiveness,

stability and [[Page 13220]] control during braking, and braking system

compatibility of heavy combination vehicles. Among other things, the

report indicated that the stopping distances and directional stability

of heavy vehicles could be improved by equipping those vehicles with

ABS.

With respect to the in-use experience with ABS in other countries,

NHTSA conducted a study of the performance, reliability, and

maintainability of in-service commercial air-braked vehicles equipped

with ABS in Europe and Australia.\11\ At the time of the study in 1987,

there were approximately 1.5 million ABS-equipped trucks and tractors,

and 0.9 million ABS-equipped trailers in use in Western Europe, and

92,000 trucks and tractors and 80,000 trailers in Australia. ABS market

penetration, at that time, in Western Europe was estimated to be 4.5

percent for trucks and tractors and 5.6 percent for trailers, while in

Australia the comparable figures were 1.3 percent for trucks and

tractors, and less than 1 percent for trailers. Based on data derived

from interviews with fleets which were using ABS and surveys conducted

by ABS and vehicle manufacturers, the reliability of ABS when equipped

on European vehicles was estimated to be 1 to 2 ABS component failures

per 1000 vehicles per month. Based on those data, it was predicted that

between 4 and 20 malfunctions would occur with the 200 ABS-equipped

truck tractors involved in the NHTSA-sponsored two-year in-service

fleet study, which was subsequently performed between 1989-91. In fact,

nineteen ABS components failed, which is within the range predicted by

the European study.

\11\``European/Australian Experience with Antilock Braking

Systems in Fleet Service,'' U.S. Department of Transportation,

NHTSA, DOT HS 807 269, March 1988.

---------------------------------------------------------------------------

Among the study's other findings were that maintenance was done

only when a malfunction indicator activated; malfunction indications

did not cause drivers to disrupt their operations and stop en route; no

special maintenance was performed on the ABS beyond routine periodic

inspections; no problems with electronic and radio frequency

interference (RFI) were reported; with proper maintenance, ABS life was

expected to equal that of the vehicle; and carriers reported that

drivers liked driving ABS-equipped vehicles. Although some problems

were encountered with wiring and connector failures, ABS manufacturers

believed that their systems were generally reliable and expected future

improvements.

Since the completion of NHTSA's study, several European countries

have issued regulations requiring heavy vehicles to be equipped with

antilock brake systems. Specifically, the Economic Commission for

Europe\12\ (ECE) Regulation No. 13 includes technical requirements for

antilock systems in Annex 13 of its regulation.\13\ Annex 13 sets forth

definitions of antilock brake systems and component parts, various

``types'' of antilock systems, and test procedures. ECE's Annex 13

specifies a design requirement and dynamic performance requirements.

The European Economic Community (EEC Common Market) directive has

identical requirements. As a result, since October 1, 1991, all heavy

trucks (with GVWR greater than 16 metric tons), interurban buses (with

GVWR greater than 12 metric tons), and heavy trailers (with GVWR

greater than 10 metric tons) submitted for new type approvals in

European countries adopting the standard have been required to be

equipped with ABS. Accordingly, ABS have been installed on tens of

thousands of European heavy vehicles that have traveled millions of

miles over the last few years. All vehicles for which ABS is mandatory

under Annex 13 are required to have a Category 1 system. Such systems

are essentially the same as those required by today's final rule.

\12\The Economic Commission for Europe (ECE) is a United Nations

organization comprised of European countries plus the United States

and Canada, which establishes requirements applicable to the type

approval of motor vehicles and other products for sale in those

nations that choose to apply the requirements.

\13\Annex 13 is titled ``Requirements Applicable to Tests for

Braking Systems Equipped with Anti-Lock Devices (Wheel-Lock

Preventers).'' It is Annex 13 of ECE Regulation No. 13, which is

titled ``Uniform Provisions Concerning the Approval of Vehicles with

Regard to Braking.'' Regulation No. 13 is Addendum 12 of the

``United Nations Agreement Concerning the Adoption of Uniform

Conditions of Approval and Reciprocal Recognition of Approval for

Motor Vehicle Equipment and Parts,'' done at Geneva on March 20,

1958, which is commonly known as the ``1958 Agreement.''

---------------------------------------------------------------------------

With respect to performance testing, NHTSA has issued two reports

on the stopping distance capability of several different types of heavy

air-braked vehicles at various loading conditions.\14\ The agency also

tested some vehicles equipped with ABS, thus allowing comparisons about

stopping distances with and without these devices. At the beginning of

each test series, these vehicles were equipped with new tires and with

new original equipment brake system components to provide consistency

in test results. At the beginning of each testing series, the tests

were conducted on various vehicles (school buses, transit buses, single

unit trucks, tractor trailers) at the loaded and empty conditions and

with various equipment (with ABS activated and deactivated). All the

tests were straight line stops from 60 mph on a dry concrete surface.

The test results indicated that: (1) All stops made with ABS were

stable, regardless of whether the vehicle was operating fully loaded or

empty, and (2) stopping distance improvements with ABS (compared to no

ABS) were greatest in the bobtail configuration (+47 percent in one

case), were significant with an empty trailer (+29 percent in one case)

and were smallest (+4 percent) in the fully loaded condition.\15\

\14\``NHTSA Heavy Duty Vehicle Brake Research Program Report No.

9, Stopping Distances of 1988 Heavy Vehicles,'' (DOT HS 807 531,

February 1990)

\15\DOT HS 807 531, Table 4, page 19; Table 5, page 23; Table 6,

page 25)

---------------------------------------------------------------------------

NHTSA's fleet testing program of ABS-equipped truck tractors

evaluated the reliability, maintainability, and durability of 200 truck

tractors equipped with ABS. The fleet study found that current

generation ABSs are reliable and can be successfully installed on

commercial motor vehicles.16 The agency added trailers to the

fleet study program in 1990-1991 and found similar results. A copy of

that study has been submitted to the public docket.17 The findings

of the fleet testing program are discussed later in this preamble.

\16\``An In-Service Evaluation of the Reliability,

Maintainability, and Durability of Antilock Braking Systems (ABS)

for Heavy Truck Tractors,'' (DOT HS 807 846, Final Report, March

1992.)

\17\``An In-Service Evaluation of the Performance, Reliability,

Maintainability, and Durability of Antilock Braking Systems (ABSs)

for Semitrailers'' (DOT HS 808 059, Final Report, October 1993.)

---------------------------------------------------------------------------

IV. Advance Notice of Proposed Rulemaking (ANPRM)

On June 8, 1992, NHTSA responded to Congress' 1991 mandate in ISTEA

by publishing an advance notice of proposed rulemaking (ANPRM)

announcing the agency's interest in measures to improve the directional

stability and control of heavy vehicles during braking. (57 FR 24212.)

The advance notice stated the agency's tentative conclusion that ABS

represents the best available and most reliable technology to reduce

jackknifing and other loss-of-control crashes during braking. The

notice posed questions about such matters as the occurrence of loss-of-

control crashes; the availability and performance of systems to improve

directional stability and control under all conditions of braking and

vehicle [[Page 13221]] load; potential regulatory approaches to improve

the directional stability and control of heavy vehicles during braking,

including anticipated performance requirements, test procedures, and

equipment requirements; a schedule for implementing requirements;

diagnostic equipment to ensure in-use functioning of the systems; and

anticipated costs of such requirements.

V. Agency Proposal

On September 28, 1993, NHTSA proposed to amend Standard No. 105 and

Standard No. 121, to add requirements that would improve the

directional stability and control of heavy vehicles during braking. (58

FR 50738.) NHTSA decided to propose that each heavy vehicle must be

equipped with an antilock braking system that satisfies the agency's

proposed definition of ABS. In addition, as a verification of the

performance of the ABS, the agency proposed that a heavy vehicle comply

with a braking-in-a-curve test.

NHTSA stated that, in proposing these amendments, its overriding

goal was to ensure the directional stability and control of heavy

vehicles during braking. The agency stated that, to ensure adequate ABS

performance by means of dynamic test requirements, it would need to

establish a broad array of performance requirements that would test the

directional stability and control of vehicles under a number of loading

conditions, travel speeds, and deceleration rates, and on a wide

variety of road surfaces, including roads that are dry, wet, icy, and

``split mu.'' In addition, to ensure that directional stability and

control are not provided at the expense of stopping distance, each of

these tests would need to require the vehicle to stop within a

specified distance.

NHTSA explained, however, that an approach that relied exclusively

on dynamic test requirements would raise serious practicability

concerns, given the inherent variability of stopping distance

performance on low coefficient of friction surfaces and the costs

associated with requiring such an extensive array of dynamic

performance test requirements. NHTSA, therefore, focused its efforts on

expressly requiring that heavy vehicles be equipped with ABS, and on

supplementing that requirement with feasible and practicable dynamic

tests that check the directional stability and control, and stopping

distance of vehicles under a limited set of circumstances that may be

experienced in the real world.

The proposal that heavy vehicles be equipped with antilock systems

would have required that the front axle and at least one rear axle of

each heavy vehicle be equipped with an ABS that would automatically

control rotational wheel slip during braking by (1) sensing the rate of

angular rotation of the wheels, (2) transmitting signals regarding the

rate of wheel angular rotation to one or more devices which interpret

those signals and generate controlling output signals, and (3)

transmitting those controlling signals to one or more devices which

adjust brake actuating forces in response to those signals. The agency

stated its belief that these characteristics, specified in the

definition of ABS, would permit the installation of any antilock

braking system, provided that it is a ``closed-loop'' system that

ensures feedback between what is actually happening at the tire-road

surface interface and what the device is doing to respond to excessive

wheel slip. NHTSA tentatively concluded that these criteria were

necessary to ensure the introduction of systems that control wheel slip

and sustained wheel lockup under a wide variety of real world

conditions and thus would significantly improve safety.

In addition, the NPRM contained a detailed discussion of the

braking-in-a-curve test, including the test track's configuration, lane

width, and test surface, the vehicle's test speed, the type and number

of brake applications, loading conditions, control trailer

requirements, and the initial brake temperature.

NHTSA also proposed requirements for the ABS malfunction lamps and

the power source for trailer antilock systems. The agency also

addressed such considerations as requirements for diagnostic systems,

the types of vehicles to be covered by the rulemaking, the

implementation schedule for the proposed requirements, the rulemaking's

potential effects on intermediate and final stage manufacturers and

trailer manufacturers, and its costs and benefits.

VI. Comments on the Proposal

NHTSA received over 60 comments in response to the NPRM. Commenters

included heavy vehicle manufacturers, brake manufacturers, safety

advocacy groups, heavy vehicle users, trade associations, State

entities, and other individuals.

Most commenters agreed that the agency should issue requirements to

improve the stability and control of heavy vehicles during braking,

thereby reducing the number of loss-of-control crashes. Advocates for

Highway and Auto Safety (Advocates), the Heavy Duty Brake Manufacturers

Council (HDBMC), the Insurance Institute for Highway Safety (IIHS), and

Rockwell WABCO generally supported the agency's proposal to require

heavy vehicles to be equipped with an ABS. These commenters stated that

ABS will improve vehicle safety by providing improved braking

performance and vehicle stability and control during braking.

The American Automobile Manufacturers Association (AAMA)\18\, the

American Trucking Associations (ATA), and fleet operators expressed

mixed support for the rulemaking. AAMA stated that it ``reluctantly

accepts the design specific proposal,'' given its concerns about the

proposed braking-in-a-curve test procedure. ATA stated that it supports

the use of ABS, but is concerned that the proposed effective dates

would require universal use of ABS too soon to assure safety and

reliability. AAMA and ATA stated that they would fully support the

rulemaking, if the agency revised various aspects of the proposals.

AAMA was primarily concerned about the practicability of the braking-

in-a-curve test. ATA was primarily concerned about the ABS equipment

requirement and alleged problems with the reliability of separate

tractor-to-trailer electrical cables/connecters. The agency notes that

some of ATA's requested revisions would be major departures from the

original proposal.

\18\AAMA submitted joint comments on behalf of eight major

domestic manufacturers of heavy vehicles: Chrysler, Ford,

Freightliner, General Motors (GM), Mack Trucks, Navistar, PACCAR,

and Volvo-GM).

---------------------------------------------------------------------------

The National Private Truck Council (NPTC), the National Truck

Equipment Association (NTEA), the National Association of Fleet

Administrators (NAFA), and the National Association of Trailer

Manufacturers (NATM) opposed requiring heavy vehicles to be equipped

with ABSs. These commenters were primarily concerned about the costs

that an ABS requirement would impose on fleets, final stage

manufacturers of vehicles produced in multiple stages, and small

trailer manufacturers. NTEA stated that it would be impracticable for

final stage manufacturers to certify compliance with the braking-in-a-

curve test.

Commenters also addressed specific issues raised in the NPRM,

including the proposal to require vehicles to be equipped with ABS, the

type of and definition for ABS, the braking-in-a-curve test procedure,

the implementation schedule for the [[Page 13222]] requirements, the

malfunction indicator requirements, the power requirement, and the

rulemaking's cost. A more specific discussion of the comments, and the

agency's responses, are set forth below.

VII. Agency's Supplemental Proposal

Based on its analysis of comments on the NPRM and other available

information, NHTSA issued a supplemental notice of proposed rulemaking

(SNPRM) proposing a modified implementation schedule for the

requirements in the agency's September 1993 NPRM and a requirement for

independent wheel control on at least one axle. (59 FR 17326, April 12,

1994.)

With respect to leadtime, the agency proposed concurrent effective

dates for the heavy vehicle stability and control requirements and for

the heavy vehicle stopping distance requirements. Specifically, the

agency proposed the following implementation schedule for both sets of

requirements:

Truck tractors--2 years after final rule (1996)

Trailers--3 years after final rule (1997)

Air-braked single unit Trucks and buses--3 years after final rule

(1997) Hydraulic-braked single unit trucks and buses--4 years after

final rule (1998)

With respect to independent wheel control, NHTSA proposed to

require heavy vehicles to be equipped with an ABS that controls the

wheels on at least one front and one rear axle, and independently

controls the wheels on at least one of these two axles. The agency

tentatively concluded that this would provide a necessary level of

stopping distance performance on low mu and split mu surfaces. The

agency posed a number of questions about the need for independent wheel

control.

VIII. Comments on the Supplemental Proposal

NHTSA received comments from AAMA, other vehicle manufacturers,

brake manufacturers, safety advocacy groups, ATA, and others.19

Aside from ATA, almost all the commenters favored the proposed

implementation schedule. Several commenters, including AAMA, Ford,

Bendix, and Midland-Grau were concerned that the proposed requirements

addressing independent wheel control were unreasonably design

restrictive.

\19\Comments on the SNPRM will be specifically labeled as such.

Other comments will be assumed to be in response to the NPRM.

---------------------------------------------------------------------------

Among the other issues raised by commenters were whether the

proposal is a performance requirement, alleged reliability and

maintenance problems with ABS, alleged safety problems caused by ABS,

the regulation's benefits and costs, its applicability to hydraulic

systems, and the possible need for a phased-in implementation schedule

and a separate power circuit for operating the ABS.

IX. Agency Decision

A. Requirement for and Definition of ABS20

\20\The reader may wish to review the Appendix which provides a

technical explanation of how antilock brakes work, including various

methods of wheel control.

---------------------------------------------------------------------------

In developing the proposal for this rulemaking, NHTSA considered

what requirements are necessary to ensure improved stability and

control for heavy vehicles. Among other things, the agency considered

whether adequate performance relating to stability and control could be

ensured solely by means of dynamic vehicle performance test

requirements.

The agency stated in the NPRM its belief that, in order for an

approach relying solely on dynamic tests to be successful, it would be

necessary to establish a broad array of dynamic performance

requirements that would test the directional stability and control of

vehicles under a variety of loading conditions, travel speeds, and

deceleration rates, and on a variety of road surfaces, including ones

that have coefficients of friction that are low, high, and split mu. In

addition, in order to ensure that stopping distance performance is not

compromised in the attempt to improve directional stability and control

during braking, it would be necessary for these performance

requirements to specify maximum stopping distances.

NHTSA explained, however, that the poor correlation between

stopping distance performance and the peak friction coefficient21

(PFC) of low coefficient of friction surfaces, combined with the costs

associated with such an extensive array of dynamic performance

requirements, would, at this time, raise serious practicability

concerns about any approach that included such an array of dynamic test

requirements.22 NHTSA therefore focused its efforts on a single

provision expressly requiring that heavy vehicles be equipped with

antilock systems, and on identifying feasible and practicable dynamic

tests that could supplement that provision by directly assessing the

directional stability, control and stopping distance of vehicles under

some of the wide variety of circumstances that may be experienced in

the real world.

\21\See the Appendix for a discussion of this term.

\22\``MVMA/NHTSA/SAE Round Robin Brake Test,'' Transportation

Research Center of Ohio, Report No. 091194, August 26, 1991.

---------------------------------------------------------------------------

This section discusses the proposed provision expressly requiring

that heavy vehicles be equipped with antilock systems. More

specifically, NHTSA proposed to require that each heavy vehicle be

equipped with an ABS that satisfies the following definition:

``Antilock braking system'' means a portion of a service brake

system that automatically controls the degree of rotational wheel

slip during braking by:

(1) sensing the rate of angular rotation of the wheels;

(2) transmitting signals regarding the rate of wheel angular

rotation to one or more devices which interpret those signals and

generate responsive controlling output signals; and

(3) transmitting those controlling signals to one or more

devices which adjust brake actuating forces in response to those

signals.

In developing this definition, the agency specifically sought to

avoid unnecessary design restrictions or impede the future development

of ABS. NHTSA stated in the NPRM that it believed that the proposed

requirement would permit any ABS, provided that it was a closed-loop

system that ensures feedback between what is actually happening at the

tire-road surface interface and what the device is doing to respond to

changes in wheel slip.

For a number of reasons discussed in the NPRM (and below), NHTSA

tentatively concluded that a device that satisfies these criteria is

necessary in order to prevent wheel lockup under a wide variety of real

world conditions, thereby significantly improving safety.

A number of commenters, including vehicle manufacturers and brake

manufacturers, recognized the practicability problems currently

associated with some dynamic performance requirements and accordingly

supported the agency's proposal to require heavy vehicles to be

equipped with ABSs. AAMA stated that despite its strong preference for

what it termed ``performance requirements,'' it would accept an

explicit ABS requirement, provided that the braking-in-a-curve test is

not adopted and the effective date for the proposed stopping distance

requirement is made concurrent with the other effective dates for this

rulemaking.23 That organization stated that, in general,

manufacturers ``much prefer performance over design specifications

because performance [[Page 13223]] requirements allow new, improved and

more cost-efficient technological means to achieve desired safety

ends.'' Nevertheless, AAMA indicated that it was willing to accept an

ABS equipment requirement because it believes there are significant

practicability problems associated with various dynamic tests that the

agency has considered, including the braking-in-a-curve test.

\23\AAMA's specific concerns about the braking-in-a-curve test

are discussed in a later section of this document.

---------------------------------------------------------------------------

Similarly, Rockwell WABCO stated that it ``reluctantly accepts the

proposal for an ABS equipment standard rather than a performance

standard.'' That commenter stated that it normally opposes equipment

standards since they have the potential of restricting the

implementation of new technology. However, it stated that, in this

case, ``the current difficulty in formulating valid, repeatable

performance criteria prohibit a true performance standard at this

time.'' Rockwell WABCO concluded that ``the proposed combination of an

equipment specification and a performance test is both understandable

and acceptable'' for now.

Advocates stated that it is convinced that:

The agency's resolve to mandate a basic level of ABS as required

equipment on all tractors, trucks, trailers, and buses with

verification of desirable safety performance gained through a single

major operating test, is the most appropriate way to ensure that the

substantial safety benefits of heavy vehicle ABS are realized

quickly.

Midland-Grau stated that the characteristics specified in the

proposed definition will permit any antilock brake system, provided

that it is a ``closed-loop'' system that ensures feedback between what

is actually happening at the tire-road surface interface and what the

device is doing to respond to changes in wheel slip.

Mr. John Kourik, a brake engineer, stated that the proposed

definition:

1. Selects the proper technology to assure optimum stability and

control, [and]

2. Supplements the intent of the original definition with a high

degree of sophistication. This should eliminate the inferior

mechanisms and devices that have been offered by `toying' with the

brevity of the original definition while making representations and

distorted claims to suggest equivalency to ABS. Thus, the new

definition should end the ``smoke and mirrors'' promotions of

alleged substitutes for ABS.

According to Mr. Kourik, the proposed definition would preclude the

use of unsophisticated equipment that does not sense changes in the

wheel rotation rate, e.g., equipment such as mechanical devices,

pneumatic dampeners, hydraulic dampeners, hydro/mechanical units, and

electro/mechanical units.

Other commenters strongly opposed the proposed ABS requirement. ATA

argued that NHTSA had proposed a ``design standard for ABS'' that is

``unlawful because it is contrary to the agency's statutory mandate to

issue only performance standards.'' Citing the statutory definition of

``motor vehicle safety standard,'' that organization stated that, under

the Safety Act, the requirements in Federal motor vehicle safety

standards must prescribe performance, not design obligations.

ATA claimed that, despite the statutory mandate, much of the

agency's proposal represents design requirements. Specifically, ATA

stated that there were additional impermissible design aspects to the

proposal, including the definition of ABS, and the requirements for

trailer electrical power to be transmitted by a separate circuit

specifically provided for that purpose and for warning systems to be

electrical.

ATA also argued that the proposed definition for ABSs is

unnecessarily design-restrictive, and would stifle innovation and

require continual updating of the standard. ATA stated that the

requirements would preclude anything but electronic systems, thereby

prohibiting mechanical systems. That organization also argued that the

requirements would impair efforts to develop new electronic

technologies.

Several small companies which manufacture or sell brake products

also argued that the proposed requirements are inappropriately design-

restrictive. They argued that NHTSA should change the proposed

definition of ABS so that devices other than computerized ABS can be

used to meet the requirements. Trade International Corporation (TIC)

argued that the proposed definition for ABS is fundamentally flawed

because it does not specify what the system is supposed to accomplish

but rather specifies how the system is supposed to work. It argued that

a system could satisfy the definition but not accomplish the desired

function.

After carefully considering the comments, NHTSA has decided to

adopt the proposed requirement for and definition of ABS. The agency's

response to the comments, including a more detailed discussion of some

of the comments summarized above, is presented in the sections which

follow.

1. Legal Authority

NHTSA disagrees with ATA's allegation that the agency does not have

the statutory authority to issue a ``design standard.'' NHTSA's

longstanding position24 on this subject, which is presented in the

form of a hypothetical discussion concerning the agency's authority to

regulate the width of motor vehicles, is set forth below:

\24\This discussion has been presented in past NHTSA letters,

including a May 2, 1979 letter to the Insurance Institute for

Highway Safety.

---------------------------------------------------------------------------

We believe that the National Traffic and Motor Vehicle Safety

Act * * * would permit issuance of a safety standard that regulated

or limited vehicle width, if it were found that such a regulation

``meets the need for motor vehicle safety'' (Sec. 103(a), 15 U.S.C.

1392(a)). As is true with every motor vehicle safety standard,

however, it would be necessary to establish a reasonable, objective

basis for the conclusion that this regulation can be justified by

safety benefits obtainable, to avoid a judicial conclusion that the

action is ``arbitrary, capricious, [or] an abuse of discretion.'' (5

U.S.C. 706). The issue, in other words, would not be one of basic

authority, but of justification.

Although it may be argued that such a safety standard would be a

regulation of ``design, and not performance'', for reasons set forth

below we feel that this argument is insubstantial and reflects an

inadequate understanding of the Act and the safety standards * * *.

Section 102(2) of the Act (15 U.S.C. 1391) defines a motor

vehicle safety standard as ``a minimum standard for motor vehicle

performance, or motor vehicle equipment performance, which is

practicable, which meets the need for motor vehicle safety and which

provides objective criteria.'' Section 103(f) of the Act also

requires the standards to be ``reasonable, practicable and

appropriate for the particular type of motor vehicle * * * for which

it is prescribed.''

It has sometimes been suggested that the inclusion of the word

``performance'' in this definition suggests the existence of a

dichotomy between vehicle design and performance. We do not,

however, consider that there is a dividing line between standards

that regulate performance and standards that affect design. Senator

Magnuson recognized the absence of any dichotomy when he said that

some safety standards would necessarily determine the configuration

of some vehicle components. (112 C.R. 20600 (Aug. 31, 1966.)). In

fact, all safety standards have a strong effect on vehicle or

equipment design, in spite of their being phrased in ``performance''

terms. This is necessarily so since the design of vehicles and

equipment determines the quality of their performance. (Some

confusion over ``design'' may arise from the common use of the word

to mean appearance or shape. In our work, however, the word means

the sum of all of the characteristics that a product is intended to

have, e.g., size, weight, interrelationship of components,

materials, and markings.)

Each of our safety standards meets the need for motor vehicle

safety by specifying requirements for the performance of a

particular vehicle or item of equipment. Any design that will

satisfy the requirements may be used for the system or item of

equipment. The extent to which the choice of a design

[[Page 13224]] is restricted by a particular standard is purely a

matter of degree, depending on the specificity of the requirement.

We try, in carrying out the congressional mandate, to make the

requirements as broad as the safety need allows. We will probably

never have to reach the level of a true ``design specification'' as

an engineer would use the term, i.e., a detailed description of

every significant aspect of a product including the materials and

manufacturing processes used. This is true because the standards

deal only with the safety-related characteristics of the regulated

items, e.g., the height, width, and strength of a head restraint and

the light output of a headlamp.

In some cases, the configuration of a vehicle component or item

of equipment is the characteristic that relates to safety. A good

example of this is our standard on transmission shift levers (No.

102), which standardizes the position of Park, Reverse, etc., on all

our passenger cars today. There, standardization of at least some

external aspects of the component is needed for safety's sake. A

second example is our standard on control identification (No. 101),

where again an enforced similarity in the words and symbols used to

identify vehicle controls is the heart of the safety requirement * *

*.

Thus, if the width of a vehicle is, in fact, the characteristic

that is found to require regulation for safety purposes (analogously

to the spacing of headlamps in Standard 108 or the width of a head

restraint in Standard 202), there should be no doubt of NHTSA's

authority to regulate it.

NHTSA's requirements for specified safety equipment are at the

heart of many of the Federal motor vehicle safety standards. Indeed,

thousands of the lives saved and the injuries reduced or prevented by

Federally-mandated safety features are the direct result of

requirements for specific types of equipment. Most prominent among

these requirements is the 25-year-old requirement in Standard No. 208,

Occupant Crash Protection, for the installation of specific types of

safety belts. This is the most heavily judicially and Congressionally

scrutinized safety standard, and no question has ever been raised about

the agency's authority to issue such a standard.

Equipment requirements are critical for helping to ensure that

vehicles have many of the items necessary to guarantee safety. For

example, it is critical for drivers to be able to see where they are

going, and for their vehicle to be seen by other drivers. The safety

standards therefore require items that are critical for driver

visibility and vehicle conspicuity in the rain and at night. Standard

No. 104 requires vehicles to have a windshield wiping system, Standard

No. 108 requires vehicles to be equipped with specified lamps and

reflective devices, Standard No. 111 requires that vehicles be equipped

with rearview mirrors, and Standard No. 205 specifies the types of

glazing which may be used in various locations.

Many other safety standards, including the existing brake

standards, specify equipment requirements that meet equally important

safety needs. Thus, the extremely narrow reading of the word

``performance'' advocated by ATA is inconsistent with the entire

history of the Federal program for motor vehicle safety standards, and

indeed with a majority of the existing standards.

The case law addressing this issue has clearly upheld NHTSA's

authority to issue safety standards that directly affect design. In

Chrysler v. DOT, 515 F.2d 1053 (6th Cir. 1975), for example, the court

upheld a dimensional restriction on rectangular headlamps. That court

reasoned that:

Uniformity of headlamp size is an element of headlamp

performance. Design freedom would inhibit safety, and certainly the

congressional purpose of encouraging safety-related competition

among manufacturers is meaningless in this context.

We conclude that the dimension restriction at issue here

essentially serves to ensure proper headlamp performance and lies

within the regulatory authority granted by Congress to the NHTSA.

515 F.2d at 1058, 1059.

Moreover, in Motor Vehicle Manufacturers Association v. State Farm,

463 U.S. 29 (1983), the United States Supreme Court held that, before

rescinding a general requirement for automatic restraints because one

type of automatic restraint (e.g., the detachable automatic safety

belt) might be ineffective, NHTSA must consider establishing an airbag-

only requirement. The Court further stated that the agency could

prohibit detachable automatic safety belts if the agency determined

that they would not provide effective passenger protection. Therefore,

the Supreme Court clearly recognized NHTSA's authority both to require

specific safety equipment deemed to provide superior safety protection

and to prohibit specific equipment that the agency deemed to provide

inferior safety protection.

NHTSA therefore rejects ATA's argument concerning the agency's

authority to require specified safety equipment. However, as indicated

above, the agency does, in carrying out its statutory mandate, attempt

to make its safety requirements as broad as the safety need allows. The

relevant issue for this rulemaking is thus not whether the agency

proposed an unlawful ``design standard,'' but instead whether the

proposed requirement/definition for ABS is unnecessarily design-

restrictive. For the reasons discussed below, NHTSA has concluded that

each element of the proposed requirement/definition for ABS is

necessary to meet the safety need for improved stability and control.

2. Elements of the Requirement/Definition for ABS

Far from proposing a detailed ``design requirement,'' NHTSA simply

proposed to require vehicles to be equipped with an ABS consistent with

the generally understood meaning of that term among brake engineers.

The agency used this approach precisely to avoid imposing unnecessary

design restrictions or impeding the future development of ABS. As

discussed in the NPRM, the definition is sufficiently broad to permit

the installation of any antilock braking system, provided that it is a

``closed-loop'' system that ensures feedback between what is actually

happening at the tire-road surface interface and what the device is

doing to respond to changes in wheel slip.

In developing the proposed definition, the agency relied on the

Society of Automotive Engineers25 (SAE) J656 (Apr88) ``Automotive

Brake Definitions and Nomenclature'' and the Economic Commission for

Europe's Regulation 13, Annex 13 (1988). SAE J656 refers to ABSs as

``wheel slip brake control systems'' that automatically control

rotational wheel slip during braking. Among the terms related to ABS

that are defined in SAE J656 are ``modulator'' and ``wheel slip

sensor.'' These terms are used in SAE's test procedure for antilock

systems, as specified in SAE J46 (JUN80) ``Wheel Slip Brake Control

System Road Test Code.'' Similarly, Annex 13 of ECE Regulation 13

refers to ``anti-lock devices'' as systems which automatically control

the degree of slip, in the direction of rotation of the wheel(s). The

Annex 13 definition of ABS also states that such devices include ``a

sensor or sensors, a controller or controllers and actuating valves.''

The agency's proposed definition of ABS incorporated the terms set

forth in SAE J656 and ECE Regulation 13 to reflect the attributes of

antilock systems as commonly understood by the automotive engineering

industry.

\25\The Society of Automotive Engineers is a voluntary

professional organization that establishes recommended practices

related to various aspects of motor vehicles.

---------------------------------------------------------------------------

The proposed equipment requirement specifies simply that vehicles

must be equipped with an ABS which is defined [[Page 13225]] as a

system that automatically controls the degree of rotational wheel slip

during braking, by (1) sensing the rate of wheel rotation, (2)

transmitting signals regarding the rate of wheel rotation to a device

which interprets those signals and generates responsive controlling

signals, and (3) transmitting those controlling signals to a device

which adjusts brake actuating forces in response to those signals. For

reasons discussed below, each of these elements is necessary to meet

the need for safety. In addition, the definition only states the

performance required of the ABS components, not how the components must

detect wheel rotation, etc.

As discussed earlier in this preamble, the safety problem being

addressed by this rulemaking is that whenever the driver applies the

brakes with too much force relative to extant tire and road conditions,

sustained wheel lockup occurs. This usually results in loss of vehicle

directional stability and/or steering control; i.e., a jackknife, spin-

out or skid, and often a crash. Such sustained lockup most often occurs

when the road is slippery or when the vehicle is lightly loaded or has

no cargo. This is because drivers are likely to make a hard brake

application in a panic situation, and the resulting braking forces

easily cause lockup when the road is slippery or when the vehicle is

lightly loaded or empty. Moreover, drivers are unable to sense lockup

quickly enough to control it.26

\26\``Improved Brake Systems for Commercial Motor Vehicles,''

DOT 807 706 Section 3.2.2; pages 3-5.

---------------------------------------------------------------------------

In order to address this safety problem, NHTSA has determined that

it is necessary to prevent the brake system from generating forces that

result in uncontrolled lockup. This need is addressed in part by the

first element of the requirement/definition: each ABS must

automatically control the degree of rotational wheel slip during

braking.27 Automatic control is necessary since drivers cannot

control lockup in an emergency situation. By the time a driver can

sense that lockup has occurred, it is often too late to prevent the

sustained lockup that results in loss of directional stability or

control.

\27\As discussed in the Appendix, wheel slip refers to the

proportional amount of wheel/tire skidding relative to vehicle

forward motion, and lockup is simply the condition of 100 percent

wheel slip.

---------------------------------------------------------------------------

The second element of the requirement/definition (sensing rate of

wheel rotation and transmitting signals about the rate to a device that

generates responsive control signals) is necessary to ensure that

lockup will be prevented or controlled for all road surfaces and under

all load conditions, and also to ensure that stability is not provided

at the expense of stopping distance. The prevention of sustained

lockup, and resulting loss of directional stability and control, should

not be accomplished simply by putting weak brakes on the vehicle or

lowering braking forces under all conditions. Thus, in addressing this

safety problem, the agency must consider the twin goals of preventing/

controlling lockup and ensuring good stopping distance under all road

surface and load conditions.

In a braking situation, the more the driver depresses the brake

pedal, and thereby increases braking forces, the more quickly the

vehicle will stop, so long as the braking force is not so high that it

causes wheel lockup. Thus, if stopping distances are to be minimized

during braking, it is necessary to permit the hydraulic or air pressure

to rise to a point just below the point where lockup would occur.

Moreover, the amount of pressure that causes lockup will vary

dramatically depending on the road surface and vehicle loading. In

order to ensure that braking force rises to a point just below the

point where lockup would occur, it is necessary for an ABS to sense

either each of the factors on which lockup is dependent, i.e., road

surface friction, vehicle loading, dynamic weight transfer during

braking, condition of brake linings, etc., or the product of all of

those factors, i.e., the rate of wheel rotation from which wheel slip

can be determined. Since it may not be technologically feasible for an

ABS to sense all of the factors which may lead to lockup, the

definition specifies that an ABS must sense the product of those

factors, i.e., the rate of wheel rotation.

The rest of the second element of the definition is necessary to

ensure that an ABS uses the relevant information, i.e., rate of wheel

rotation, to control wheel slip and prevent lockup. The relevant

information must be transmitted to a device which interprets the

information and generates responsive controlling signals. Those

controlling signals must then be transmitted to a device which adjusts

brake actuating forces in response to those signals.

NHTSA has determined, based on all available information, that a

device that lacks any one of the elements specified in the definition

could not meet the need for safety addressed by this rulemaking, since,

for the reasons discussed above, its operation would not be dependent

on factors that are relevant to the desired safety performance.

The agency notes that while several commenters asserted that the

proposed definition is unnecessarily design restrictive, none attempted

to explain how a device not meeting one or more of the elements could

ensure stability and control for heavy vehicles for a wide range of

test surfaces and loading conditions.

Most of the commenters arguing that the proposed definition is

unnecessarily design restrictive were small companies which manufacture

or sell brake products. In essence, they wished the agency to change

the proposed definition of ABS so that their devices can be used to

meet the requirements. These companies are, of course, free to develop

and sell products that meet the definition. Also, to the extent that

these companies produce products that do not meet the definition, they

are free to sell them as supplemental equipment, so long as the

products do not create compliance problems or contain safety defects.

However, for the reasons discussed above, and expanded on below in the

context of these comments, products which do not meet the definition

would not prevent sustained wheel lockup.

Strait-Stop, a company which manufactures what it calls a

``noncomputerized ABS,'' argued that the proposed ABS definition is

discriminatory and excessively design-restrictive because it

necessitates the use of electronic computerized systems with wheel

speed sensors. It argued that the agency's tests ``(do) not prove,

conclusively, that the computerized ABS is the only alternative to

accomplish stability and control.'' Strait-Stop also stated that

NHTSA's fleet study indicated that computerized ABS activated very

rarely, only 1.4 times per 10,000 brake applications or 1.1 times per

10,000 miles driven, and that it is a tool with which drivers will not

gain familiarity. In contrast, Strait-Stop stated that its device

activates approximately 98 percent of the time that the driver applies

the brakes, thereby enabling drivers to become familiar with the

system. While Strait-Stop did not describe how its ``non- computerized

ABS'' works or precisely what it does, that company stated that its

device uses ``modulation but not reduction of braking pressure.''

Moreover, literature about its system indicates that the air flow from

the foot (treadle) valve to the relay valve is interrupted through the

Strait-Stop system and pulsates the brake chambers. The ``system

intermittently repeats the on and off cycle at a pre-set rate.''

Jenflo Brake-Aid (Jenflo) also argued that the proposed ABS

definition is discriminatory, and that the definition should be revised

to permit braking devices other than the ones tested by the

[[Page 13226]] agency. Jenflo manufactures a device for air brake

systems which causes a ``pulsing (or air pressure to) the brake

actuators hundreds of times per minute, (that will) cause the tires to

approach lock-up, then the brakes are off for a `small' fraction of a

second and are just as rapidly reapplied.'' As a result, the air

pressure is continually released and reapplied on all the controlled

wheels during all but ``normal'' braking.

Trade International Corporation (TIC) stated that the proposed ABS

definition is unnecessarily narrow and could preclude the use of

available, beneficial products and technologies, and also impede the

development of other useful products and technologies. TIC argued that

a system which continuously modulates the braking force applied to

every wheel whenever braking force is applied would not satisfy the

definition because it lacks the specified sensing and transmitting

functions, regardless of its ability to prevent wheel lockup and/or

enhance braking effectiveness.

The devices referred to by Strait-Stop, Jenflo Brake-Aid, and TIC

all ``pulse'' the air pressure for essentially all but normal brake

applications. These commenters did not explain in detail how these

products work. However, based on the available information, they

provide the same ``pulsing'' of air pressure at a fixed pulsation rate

for all brake applications above some braking or turning threshold.

Regardless of how they work, however, the devices cannot ensure the

twin goals of preventing/controlling lockup and ensuring good stopping

distance under all road surface and load conditions, if they do not

meet the proposed definition. This is because, for the reasons

explained above, their operation would not be dependent on the factors

that are relevant to the desired safety performance. Only by

continuously sensing and responding to what is actually happening at

the tire/road surface interface can an ABS system optimize the braking

pressure so as to both prevent lockup and minimize stopping distances.

As discussed in the ABS Wheel Slip Control Strategies section of the

Appendix, one effect of varying road surface and vehicle load

conditions on the operation of ABSs is the varying controlling

frequencies that are needed to adapt to these varying conditions. The

fact that these other devices incorporate a fixed pulsation rate

demonstrates their lack of adaptability to varying road surface and

vehicle load conditions. As shown in Figures 17 and 18 in the Appendix,

the ABS controlling frequency needs to be relatively slow, between 1

and 2 cycles per second, in order to prevent sustained excessive wheel

slip on very low friction surfaces and needs to be much faster,

approaching 10 cycles per second, in order to achieve very short

stopping distances on high friction surfaces. The increase in stopping

distance on high friction road surfaces that would result from a system

which exhibited a slower than optimum ABS controlling frequency may not

be great. However, the impact of a much faster than optimum ABS

controlling frequency on a very low friction surface would be sustained

and excessive wheel lockup. As shown in Figure 17 in the Appendix,

wheel lockup can occur very rapidly. Figure 17 also shows that from the

time that the ABS solenoid is activated to reduce brake pressure it

takes about 0.25 seconds before the wheel even begins to spin up, about

0.35 seconds for the wheel to reach one-half of the vehicle's speed and

more than 0.6 seconds for the wheel to reach the vehicle's speed. If

the devices referred to by Strait-Stop and Jenflo Brake-Aid pulse the

brakes several times a second, the ``off'' portion of pulsation cycle

would not be sufficiently long to allow the locked wheel to spin up

prior to the next ``on'' portion of the cycle which would result in

sustained wheel lockup.

The basic problem with devices that do not incorporate feedback on

what is happening at the tire/road surface interface (as required by

the definition of ABS mandated by this amendment) such as those

described by Strait-Stop, Jenflo and TIC, is that they are ``blind'' to

the road and surface conditions on which the vehicle is operating and

thus make the same response each time, regardless of whether that

response is appropriate for the existing circumstances. In other words,

the systems cannot appropriately adjust their cycle rate or the degree

of pressure variation to compensate for the effects that load condition

and road surface friction can have on the lockup and spinup times of a

vehicle's wheels. This lack of ``adaptability'' to changes in load and

road surface conditions results either in sustained wheel lockup (and

resultant loss of stability and control) or in stopping distances that

are much longer than the vehicle would otherwise be able to achieve

under those conditions for which the system was not optimized. As a

result, even if these systems enhanced vehicle stability on one type of

surface, they would provide inferior braking on a different surface.

For instance, the relatively high brake pressure required for short

stopping distance on a high coefficient of friction surface would lock

the wheels on a slippery surface because wheel lockup occurs when the

braking force at the tire/road surface interface, needed to resist the

torque generated by the brake, is greater than that which can be

generated from the available surface friction. Because wet surfaces

have lower friction levels, vehicles on these roads will lock up at

lower levels of brake pressure. Conversely, if the pulsating mechanical

system were designed so that brake pressure was reduced in a manner

that ensured that lockup would not occur during hard braking on a

slippery surface, stopping distances would be very long when braking on

high coefficient of friction surfaces.

NHTSA also notes that in order to optimize stopping distance and

maintain vehicle stability, an antilock system must be capable of

reducing, holding, and reapplying braking pressure to each controlled

wheel. The wheel speed sensor monitors the rotational speed of the

wheel. When a monitored wheel approaches a lockup condition, there is a

sharp rise in peripheral wheel deceleration and in wheel slip. If this

rise exceeds the designed threshold levels, the ECU sends signals to

the modulator device to hold or reduce the build-up of wheel brake

pressure until the danger of wheel lockup has passed. The brake

pressure must then be increased again to ensure that the wheel is not

underbraked for the road surface conditions. During automatic brake

control, it is important for the wheel speed to be constantly monitored

so that the maximum braking force for the conditions could be achieved

by a succession of pressure-reduction, pressure-holding, and pressure-

reapplication phases. The agency notes that the systems described by

Strait-Stop, Jenflo and TIC reduce and reapply pressure, without

reference to road conditions, brake forces, or impending wheel lockup.

With respect to Strait-Stop's argument that drivers will not gain

familiarity with the kinds of ABS systems tested by NHTSA because the

systems activate only rarely, the agency notes that no special

familiarity is necessary to operate the system properly. ABS is a

safety device which operates automatically in emergency situations.

Strait-Stop also alleged that the system defined and tested by

NHTSA does not prevent lockup. While that company did not explain this

comment, the agency assumes that Strait-Stop is distinguishing between

momentary lockup and sustained lockup. All of the systems tested by

NHTSA prevent sustained lockup.

Strait-Stop argued that the inference that the screened-out systems

would not [[Page 13227]] meet the braking-in-a-curve test requirement

is unsupported since the agency has not tested and, in some cases has

refused to provide testing for them. As discussed above, it is possible

that a system not meeting the proposed definition could be optimized to

provide enhanced stability for a particular test on a particular test

surface. However, such a system would provide inferior braking

performance on other surfaces and/or under different test conditions.

There is no requirement or reason for the agency to test every

invention identified by commenters in a rulemaking proceeding. The

agency can use its technical and engineering analysis to determine what

performance attributes are necessary to meet the need for safety, and

it can also often make determinations about whether particular devices

would provide safety benefits by the same means.

NHTSA has also analyzed another type of device, from Emergency

Brake Technologies, described by Dr. Barry Wells. This is an emergency

braking device that is manually activated by the driver through a dash-

mounted switch that activates arms that drop polyurethane wedges and

rubber flaps under the vehicle's wheels. After the device is activated,

the vehicle must be stopped and reversed so that the wedges can be

removed from beneath the wheels. Emergency Brake Technologies claims

that this device ``could stop a fully loaded vehicle in the same

distance as an automobile and completely eliminate jackknifing.'' While

NHTSA does not have any opinion concerning whether this device might

provide benefits in some emergency stopping situations, the device

would not meet the need for safety being addressed by this rulemaking,

i.e., ensuring stability and control during braking. In fact, the

dropping of polyurethane wedges and rubber flaps under the wheels would

create essentially the same condition as fully-locked wheels, and

therefore could result in a loss of control. Once the driver activated

this system, the driver would be committed to a quick, sliding stop.

The driver would have no capability to release the device once applied,

and could also have difficulty steering around a problem. While such a

device could provide short stopping distances under dry-road

conditions, it would do so by sacrificing vehicle stability and

control.

ATA and Strait-Stop commented that the proposed definition would

preclude anything but electronic systems, thereby prohibiting

mechanical systems. NHTSA notes that this is incorrect, since the

definition does not require electronics for the sensing of the wheel

rotation, or transmission of wheel rotation or controlling signals.

Such functions could be performed using pneumatic, hydraulic, optic, or

other mechanical means. The agency notes that it is likely that

electronic systems will be used, given currently available

technologies. All ABSs currently marketed in the United States are

electronic in nature.

In the case of an ABS that does not require electrical power for

operation, the only mandatory electrical requirement in this rulemaking

(addressed later in this document) is for malfunction indicator lamps

used to signal a problem in the ABS.

ATA also argued that the requirements would impair efforts to

develop new electronic technologies. ATA stated that the restrictions

would limit engineers' abilities to develop electronic braking (brake-

by-wire) systems (EBS) by forcing the logic for such systems to be

based on existing ABS designs. According to ATA, EBS is designed to

handle all braking functions: compatibility, load sensing/brake

proportioning, balance, timing, ABS, traction control, and failure

control. ATA stated that successful development of these systems may

require that designers not be tied to a rotational slip view of wheel

lockup.

NHTSA disagrees that the proposed ABS requirements will impair

efforts to develop EBS. The agency notes that Robert Bosch GmbH

currently markets the Bosch-ELB Electronically Controlled Commercial

Vehicle Brake, in Europe. This system includes ABS, traction control,

and electronic service braking (with pneumatic backup) functions, and

uses the same wheel speed sensor arrangement as does Bosch's ABS sold

without EBS. This indicates that EBS is fully compatible with current

ABS technology, including wheel speed sensors. Furthermore, a

combination-unit vehicle with good brake balance, compatibility, and

timing may still be capable of being over-braked by the driver,

especially when operated lightly-loaded or on slippery road surfaces,

and such a vehicle would still require ABS to prevent wheel lockup when

operated under these conditions. The development of the Bosch

electronic braking system proves that the rotational slip view of wheel

lockup does not hinder the development of successful EBS.

ATA also stated that the requirements could ``hold back'' disc

brake technology since disc brakes are ``virtually incompatible'' when

used together with drum brakes on a combination vehicle. ATA appears to

believe that because EBS can make the ``decisions'' to compensate for

those major differences, it is needed for disc brake technology to come

into general use. The agency notes that, according to product

literature, the Bosch-ELB system measures wheel speeds and brake

actuator pressures at each wheel position, and microcomputers in the

electronic control unit store and process these data and transmit the

correcting commands accordingly. This system could, therefore,

compensate for incompatibilities in brake force balance on a vehicle,

and would permit safe introduction of disc brakes on vehicles. This

system incorporates ABS technology that complies with the agency's

proposed ABS requirements, as well as ECE Regulation 13. Therefore,

NHTSA disagrees with ATA's argument that ABS requirements will hold

back disc brake technology.

In a somewhat different vein, TIC argued that a system could

satisfy the proposed definition but not accomplish the desired function

of preventing lockup. As part of this argument, TIC stated that the

proposed definition for ABS is fundamentally flawed because it does not

specify what the system is supposed to accomplish but rather specifies

how the system is supposed to work. TIC's comment in essence raises the

issue of whether the definition is sufficient, by itself or with other

requirements, to meet the need for safety.

As indicated at the beginning of this section, the agency developed

a broad definition precisely to avoid imposing unnecessary design

restrictions or impeding the future development of ABS. The ABS

definition is based on the premise that wheel lockup is the source of a

vehicle's loss of directional stability and steering control during

braking, and that any device designed to improve such stability during

braking must control the source of that instability. Hence, the

definition establishes a linkage between the input, signals that sense

wheel lockup, and the output, modulated brake pressure to prevent wheel

lockup. This is essentially the extent of the design constraints

established by the agency, and it gives the industry considerable

latitude to design and develop individual components, ranging from

sensor design and placement, to the ECU control algorithm and to brake

pressure modulation frequency.

NHTSA rejects TIC's argument that the definition does not specify

what the system is supposed to accomplish but rather how the system is

supposed to work. Modulating brake pressure in [[Page 13228]] response

to information about rate of angular rotation is part of what is

supposed to be accomplished. As discussed above, the rate of angular

rotation reflects what is happening at the tire/surface interface.

NHTSA further concludes that the requirement/definition for ABS is

sufficient at this time to meet the need for safety. In arguing that a

system can satisfy the definition but not accomplish the desired

function, TIC provided the following ``extreme example'':

Consider the following system: (1) a set of angular rate of

rotation sensors, one on every wheel; which (2) transmit signals

whose level is proportional to the rate of angular wheel rotation to

a device which compares the signals and generates control signals;

and (3) transmits those control signals to devices which increase

the braking force applied to any wheel which has an angular rotation

rate higher than the wheel which has the lowest angular rotation

rate. Such a system satisfies every element of the proposed

definition, however, the result of implementing such a system would

be that if any wheel locked up during braking all wheels would lock

up!

While TIC itself acknowledged that its example was ``extreme,''

NHTSA notes that its basic premise also is silly, since it assumes that

a manufacturer would deliberately build a brake system that could not

work. In considering the impacts of its standards, NHTSA must assess

how manufacturers are likely to respond, not unrealistic hypothetical

situations. The basic premise underlying this rulemaking is that

manufacturers will respond to the definition/requirement for ABS by

providing systems that will prevent wheel lockup. This view is

confirmed by the comments of the vehicle and brake manufacturers. There

is no evidence that manufacturers would respond by deliberately

building systems that do not prevent lockup but instead cause lockup.

Moreover, the definition for ABS does not stand in a theoretical

vacuum. Manufacturers must design their brake systems to meet other

safety requirements (including stopping distance requirements and, for

some vehicles, the braking-in-a-curve test). It might not be possible

to meet those requirements with systems that did not prevent lockup but

instead caused lockup. Manufacturers are also subject to Federal

requirements concerning safety-related defects. And, of course,

manufacturers must ensure customer satisfaction.

The agency also notes that there is absolutely no incentive for

manufacturers to provide ABS systems that do not function as they

intended. TIC's comment essentially raises the possibility that a

manufacturer might spend all the money necessary to meet the definition

of ABS and then include a faulty ECU control algorithm. However, there

is no basis to believe that this would happen. The agency only

addresses unreasonable safety risks in developing safety standards and

need not address unrealistic hypothetical possibilities.

3. Dynamic Versus Equipment Requirements

As discussed in the NPRM and above, NHTSA considered whether

adequate performance relating to directional stability and control

could be ensured solely by means of dynamic test requirements, but

concluded that, at this time, there would be practicability problems

associated with the broad array of dynamic test requirements that would

be associated with such an approach. The agency therefore decided to

propose a single provision expressly requiring that heavy vehicles be

equipped with antilock systems, and on identifying feasible and

practicable dynamic tests that could supplement that provision by

directly assessing the directional stability, control and stopping

distance of vehicles under some of the wide variety of circumstances

that may be experienced in the real world.

ATA commented that the desired result from mandating the

installation of ABS is ensuring that a vehicle can be controlled during

a stop, and asserted that the proposed braking-in-a-curve performance

requirement, with certain changes, would accomplish this conceptually.

However, ATA did not substantiate its assertion about the efficacy of

such a requirement, standing by itself. ATA did not address the

practicability problems of adopting a set of dynamic performance

requirements, or even the practicability problems associated with

applying the braking-in- a-curve requirement to all affected vehicles.

ATA did, however, suggest that the agency initiate additional research

and development for what it called ``true performance tests.''

While NHTSA plans to continue research on dynamic performance tests

for trucks, buses and trailers, it has concluded that the desired

safety benefits of ABSs could be achieved now by means of a specific

equipment requirement for ABS and (as discussed below) a dynamic

performance test requirement applicable to truck tractors only. NHTSA

is charged by the Safety Act with promulgating safety standards that

meet the need for safety. Moreover, Congress was sufficiently concerned

about the directional stability and control problems associated with

heavy vehicles that it specifically required NHTSA to conduct a

rulemaking that examines and could result in requiring the installation

of ABSs in these vehicles. The agency has concluded that large safety

benefits can be obtained by requiring ABSs on heavy vehicles, and has

developed requirements that will ensure installation of this safety

equipment.

NHTSA disagrees with the suggestion that it delay implementation of

this life-saving rule while it conducts further research in search of

the type of rule ATA desires. The overall history of agency rulemaking

is one of gradual progression, when and where practicable and

beneficial to safety, toward increasingly sophisticated and

increasingly more dynamic performance standards. However, relying

exclusively on dynamic performance requirements has never been a

statutorily mandated requirement. Were it so, there would be many fewer

Federal motor vehicle safety standards today--and many thousands more

deaths and injuries, occurring annually.

B. Independent Wheel Control

In the NPRM, NHTSA proposed to require that the antilock brake

system monitor and control the wheels of the front axle (i.e., steering

axle) and the wheels of at least one rear axle. NHTSA believed that

this would ensure that the wheels on the steering axle and the wheels

on the selected rear axle were directly controlled by the ABS. By

``directly controlled,'' the agency meant that the signal provided at

the wheel or on the axle of the wheel would directly modulate the

braking forces of that wheel or axle. The agency tentatively concluded

that it is necessary to specify that the ABS directly control the

steering axle because some ABSs control only a vehicle's drive-axle,

which could result in the loss of steering control if the front wheels

locked during braking.

Several commenters addressed the need for front wheel control. ATA

strongly opposed mandating ABS for the steering axle of single-unit

trucks and suggested that the agency reconsider the requirement for

tractors. In contrast, Rockwell, WABCO, Freightliner, AAMA, Advocates,

and IIHS favored requiring that an ABS be installed on front axles.

AAMA favored equipping each vehicle with an ABS that has at least one

independent channel of control for the wheels on a front axle and at

least one independent channel of control for the wheels on a rear axle.

However, AAMA objected to mandating more than two independent channels

of control. [[Page 13229]]

NHTSA did not specifically address the concept of independent

control in the NPRM, but addressed it in the SNPRM by proposing that

the wheels on at least one axle be independently controlled. The agency

in today's final rule defines an ``independently controlled wheel'' to

mean a directly controlled wheel for which the modulator device does

not modulate the brake forces at any other wheel on the same axle. This

means that a side-by-side control strategy on a tandem axle could have

the wheels on the sensed axle of the tandem being independently

controlled by a modulator, and the wheels of the other axle of the

tandem being indirectly controlled by the modulator for the wheel on

the sensed axle on the same side of the vehicle.

Rockwell, Freightliner, Advocates, and IIHS commented that the

regulatory language in the NPRM requiring each axle to be directly

controlled by an ABS would allow select low28 antilock systems on

any axle. These commenters believed that an antilock system must

provide independent control at each wheel of a heavy vehicle to ensure

good, overall ABS performance in the areas of stability and stopping

distance. Accordingly, they recommended that the equipment requirement

include language that would require ``independent control of each

wheel'' of the axles that are required to be ABS-controlled. They

believed that the inclusion of such a requirement would prevent

significant degradation in stopping performance, particularly on a

split mu surface. Bosch recommended a minimum requirement of a four-

sensor, three- modulator-valve (which is referred to as a 4S/3M system)

ABS. Freightliner favored requiring at least four independent channels

of control, i.e., two for each axle, to allow independent control of

each wheel on the front and a rear axle. Similarly, IIHS favored

requiring the brakes for each wheel on the front axle and the brakes

for each wheel on one rear axle to be independently controlled.

Advocates recommended that the ABS be functional on all axles, not just

one axle in each multiple axle set on a heavy vehicle.

28See the Appendix for a discussion of this term.

---------------------------------------------------------------------------

Based on its analysis of these comments and other available

information, NHTSA issued an SNPRM proposing modifications to the NPRM

to require heavy vehicles to be equipped with systems that

independently control each wheel on at least one axle of a truck, a

truck tractor, or a bus (i.e., 4S/3M systems). As explained in the

SNPRM, the agency tentatively concluded that a minimum requirement that

ABS provide independent wheel control on at least one axle would

provide an acceptable level of stopping distance performance on low mu

and split mu surfaces. The agency believed that a vehicle with

independent ABS wheel control would stop in a shorter distance than

either a vehicle equipped with an axle-by-axle ``select low'' control

ABS, or a non-ABS equipped vehicle operated by a driver making his or

her best efforts to minimize stopping distance through manually

modulating the brake pedal. The agency also proposed to prohibit tandem

control29 by an ABS, by requiring that no more than two wheels be

controlled by one modulator valve. NHTSA requested comments about its

proposal for independent control of each wheel on at least one axle and

about prohibiting tandem control by an antilock system.

29As explained in the appendix, tandem control refers to

having two adjacent axles being controlled by the same modulator

valve. Specifically, while each axle has its own wheel speed sensor,

the brakes on two axles are controlled by one modulator valve.

---------------------------------------------------------------------------

In response to the SNPRM, NHTSA received comments from Ford, AAMA,

Strait-Stop, GM, Navistar, White GMC, Bosch, PACCAR, Eaton, Midland-

Grau, Truck Trailer Manufacturers Association (TTMA), Advocates, and

ATA about the proposal to require independent control on at least one

axle. Aside from Freightliner, WABCO, Bosch, Advocates, and IIHS, most

other commenters opposed the proposal claiming that requiring

independent control would be unreasonably design-restrictive. Bosch

stated that the proposal is appropriate since at least one of the axles

that contributes most to vehicle deceleration in the loaded condition

should have the ability to have its wheels individually controlled.

Ford, AAMA, GM, Navistar, PACCAR, Eaton, and Midland-Grau stated that

the agency should specify direct control as a minimum requirement but

not require independent control. AAMA stated that the standard should

permit any control system that provides stability without substantial

degradation in stopping distance. Ford claimed that any requirement

that ABS must employ more than two channels of control would not result

in any safety advantage over its two-channel system, but would result

in substantial and unnecessary incremental costs to Ford and might

jeopardize its ability to meet early implementation dates. Midland-Grau

strongly opposed the SNPRM's approach, claiming that it presented a

major change in scope from performance requirements and minimal design

requirements. Specifically, it complained that the SNPRM changed the

rulemaking's focus from directional stability and control to stopping

distance on split mu surfaces.

Consistent with their comments on control philosophies, AAMA, GM,

White GMC, PACCAR, and Midland-Grau also opposed the proposed

definition of ``independently controlled wheels.''30 AAMA and

PACCAR claimed that the proposed definition does not accommodate widely

used ABS algorithms and control technologies. It requested that the

word ``only'' be omitted since its inclusion in the definition would

inappropriately preclude antilock systems that ``rely on wheel speed

information from both wheels on an axle to modulate brake pressure at

each of the wheels.''

30The agency proposed to define ``Independently Controlled

Wheel'' as a ``wheel at which the degree of rotational wheel slip is

sensed and corresponding signals are transmitted to one controlling

device that adjusts the brake actuating forces only at that wheel in

response to those signals.''

---------------------------------------------------------------------------

Ford, AAMA, GM, Navistar, White GMC, PACCAR, Eaton, and Midland-

Grau opposed prohibiting tandem control. TTMA requested that trailers

equipped with more than three axles be excluded from the requirements,

claiming that it would be very expensive to equip these vehicles, which

account for only four percent of trailer production, with ABS.

ATA and Strait-Stop opposed specifying the type of wheel control,

claiming that doing so creates an impermissible design requirement.

Strait-Stop stated that the proposed approach prohibits creativity in

the development of other technology that may accomplish the performance

standards more effectively with greater economic efficiency.

Several commenters submitted test data about various ABS

configurations. WABCO and Freightliner submitted simulated test data

showing that 4S/2M systems on truck tractors provide very poor stopping

distance performance on split mu surfaces, compared with 4S/4M systems.

These commenters reported that the 4S/2M systems they tested took

between 316 percent and 353 percent of the norm to stop on a split mu

surface, with driver best effort being defined as the norm, or 100

percent. Ford and Bendix submitted simulated data showing that 4S/2M

systems incorporating the modified select high regulation (MSHR31)

wheel slip control strategy on truck tractors perform acceptably.

Bendix also submitted vehicle test data showing that the stopping

distance performance with [[Page 13230]] tandem control ABS

incorporating the MSHR wheel slip control strategy (2S/1M) on trailers

is comparable to the performance of a 2S/2M system.

31See the Appendix for a discussion of this term.

---------------------------------------------------------------------------

As explained above, in establishing the requirements applicable to

the stability and control of heavy vehicles, NHTSA has decided that, at

a minimum, wheels on the steering axle and at least one rear axle of a

powered vehicle must be controlled by a closed-loop antilock system.

Similarly, the wheels on at least one axle of a semitrailer and dolly,

and the wheels of at least one front axle and one rear axle of a full

trailer must be controlled by a closed-loop antilock system. The agency

has decided that requiring a closed-loop antilock system is necessary

to ensure the directional stability and control of heavy vehicles

during braking.

NHTSA emphasizes that requiring a closed-loop antilock system is a

minimum requirement that the agency believes will ensure the safety of

heavy vehicles. The agency has also decided to establish supplementary

requirements beyond these minimum requirements that address the type of

wheel control for various types of vehicles. In establishing these

supplementary requirements, the agency has sought an approach that is

responsive to the many and oftentimes disparate views of the commenters

and that ensures safety performance objectives, while considering

practicability, costs and, to the extent possible, stated industry

practice.

The supplementary equipment requirements, which specify the type of

wheel control, are based on the philosophy that, for the reasons set

forth below, an incrementally higher level of stability performance

during braking is warranted for truck tractors compared to that which

is appropriate and needed for trailers, single-unit trucks, and buses.

First, truck tractors, when used in a combination vehicle, are

articulated and therefore are more likely to lose control than single-

unit vehicles. Second, truck tractors typically have shorter wheelbases

than single-unit trucks, trailers and buses and therefore are more

susceptible to locked wheel-induced, unrecoverable loss of control than

are any of these other vehicle types. This loss of control typically

manifests itself as a jackknife when tractors are coupled to

semitrailers. Third, truck tractors typically travel approximately five

times more annual miles than single-unit trucks, three times more miles

than trailers (since there are proportionally three times as many

trailers in use than there are tractors which tow them), and

approximately seven times as many miles as buses. This substantially

larger use proportionally increases a truck tractor's exposure to risk.

Fourth, truck tractors typically operate on roads (i.e., interstate

highways and rural State and U.S. routes) that have comparatively

higher posted speed limits and vehicle operating speeds than the roads

on which single-unit trucks and many buses generally operate. A higher

operating speed exacerbates the consequences of braking-induced wheel

lockup and loss-of-control. This is a significant contributing factor

to the high proportion of heavy vehicle braking instability-related

crashes, fatalities and injuries that involve combination-unit trucks.

Based on the above considerations, NHTSA has decided that the

requirements for truck tractors must be more stringent than those for

the other vehicle types. Specifically, on at least one of the truck

tractors's axles, each wheel must be independently controlled by an ABS

modulator. With respect to a given wheel, ``independently controlled''

means a wheel at which the degree of rotational wheel slip is sensed

and corresponding signals are transmitted to a modulator that adjusts

the brake actuating forces at that wheel on the axle or at other wheels

on other axles. The agency has decided to revise the definition in

response to AAMA's comment on the definition of independently

controlled, since its inclusion might inadvertently prohibit acceptable

systems. Requiring independent control ensures that a wheel provides

optimal braking forces on all surfaces, enabling the vehicle to achieve

near optimal braking on all surfaces, especially split mu ones.

In most cases, the axle with independent wheel control will likely

be the tractor's drive axle(s). Commenters, including AAMA, Midland-

Grau, and Bendix, submitted to the agency road testing data about how

certain antilock systems improved the braking efficiency and

directional control and stability of various vehicle configurations.

Based on these data, the agency believes that independently controlling

the drive axle(s) will result in incrementally better braking

performance on split mu road surfaces than the other ABS equipment

configurations that are permitted on the other vehicle types covered by

this rule.

Rockwell WABCO correctly stated that allowing select low ABS on all

axles will result in substantially longer stopping distances on split

mu surfaces, particularly when the differences between the coefficients

of friction on the two surfaces is large. Notwithstanding this

shortcoming, the agency believes that a select low system is

appropriate for the front axle for the following reasons. First, since

the front axle brakes typically provide about 25 percent of the braking

on a truck tractor, the stopping distance degradation with select low

on the front axle will be small. Second, having equal braking forces at

each wheel alleviate steering wheel ``pull'' that would occur on a

split mu surface with ABS independently controlled front brakes. Third,

current antilock systems installed on the front axle of heavy vehicles

tend to use SLR, MSHR, or MIR wheel slip control strategies.32 No

vehicle manufacturer uses a system in which front axle control is

purely independent wheel control. Accordingly, the agency has

determined that it would be inappropriate and impracticable to prohibit

the use of select low control on front axles.

32SLR, MSHR, MIR and other wheel slip control strategies

are discussed in the Appendix.

---------------------------------------------------------------------------

NHTSA has also decided that it is necessary to prohibit tandem

control on tractors to further ensure the safe braking performance for

tractor trailers. This decision is based on test data33 which

indicate that tandem control does not provide an acceptable level of

stopping distance performance for truck tractors, even though it may

ensure a heavy vehicle's stability and control.

33``Improved Brake Systems for Commercial Motor

Vehicles,'' DOT HS 807 706, April 1991,

---------------------------------------------------------------------------

Notwithstanding its decision to prohibit tandem control on truck

tractors, NHTSA has decided that tandem control is appropriate for

vehicles other than truck tractors, such as trailers and single unit

vehicles. Vehicle test data submitted by Ford, Bendix, and Midland

showed comparable vehicle stopping distance performance, and in some

cases superior performance, of tandem control (2S/1M) systems compared

with side-by-side control (2S/2M) systems, without any difference in

vehicle stability performance. Vehicle test data also showed comparable

ABS performance with MSHR tandem control on trailer axles. Accordingly,

today's requirements permit direct control 2S/1M systems for converter

dollies, semitrailers, and the front axles of full trailers. The agency

further notes that single unit vehicles equipped with 4S/2M systems

have been approved for use in Europe as ``Category 1'' systems.

C. Braking-In-A-Curve Test

1. General Considerations

As explained in the previous section on equipment requirements,

NHTSA proposed requiring heavy vehicles to be [[Page 13231]] equipped

with antilock systems, and supplementing that requirement with dynamic

performance requirements to check the directional stability, control

and stopping distance of such vehicles. The agency proposed only those

dynamic performance requirements that it believed would be feasible and

practicable for checking the directional stability of a vehicle when it

is maximally braked. Specifically, in its September 1993 NPRM, the

agency proposed a ``braking-in-a-curve requirement'' on a low

coefficient of friction surface without a stopping distance

requirement. Under this proposed requirement, heavy vehicles would have

to be capable of stopping without loss of directional stability or

control, while turning on a slippery surface during an aggressive or

``hard'' stop. Separately, in its February 1993 NPRM, the agency

proposed braking effectiveness requirements through the use of high

speed (60 mph) stopping distance requirements on a high coefficient of

friction road surface.

NHTSA explained, in the September 1993 NPRM, its tentative

conclusion that the braking-in-a-curve test on a low mu surface is an

objective, repeatable, and practicable procedure for evaluating a heavy

vehicle's directional stability and directional control. The agency

further explained that the proposed braking-in-a-curve test is

consistent with industry's views, since the Antilock Test Procedure

Task Force of the Motor Vehicle Safety Research Advisory Committee

(MVSRAC) recommended this procedure and the SAE has proposed it in

Recommended Practice J1626, Braking, Stability, and Control Performance

Test Procedures for Air-Brake-Equipped Truck Tractors.

In response to the NPRM, Advocates stated that the agency's

proposal to specify both an equipment and dynamic performance

requirement was the most appropriate way to ensure that the substantial

safety benefits of heavy vehicle ABS are realized quickly. Rockwell

WABCO reluctantly supported the proposed combination of an equipment

specification and a dynamic performance test, given the current

difficulty in formulating valid additional, repeatable performance

criteria. Midland-Grau favored this approach for truck tractors since

it believed that merely issuing an ABS requirement, without an

accompanying performance requirement, would allow ineffective systems

in the marketplace.

Allied Signal supported the braking-in-a-curve test for truck

tractors, but opposed the test for other vehicles, stating that

vehicles other than truck tractors have not been tested using this

maneuver. Midland-Grau was also concerned that very little test data

have been collected on vehicle types other than truck tractors. Volvo-

GM stated that the test is unsafe for many vehicles, and that a dynamic

performance requirement is not necessary, given the provision requiring

ABSs. AAMA stated that although it generally favors performance-based

dynamic requirements for Federal Motor Vehicle Safety Standards, it

opposes the braking-in-a-curve test given what it perceives as its

``overwhelming practicability and objectivity problems.'' Among AAMA's

concerns were that (1) there has been no test program by NHTSA to

decide whether the test is suitable for single-unit trucks, buses, and

trailers, (2) the braking-in-a-curve test alone cannot evaluate the

effectiveness of an ABS, (3) there is a lack of repeatability of the

braking-in-a-curve test procedure, and (4) no suitable test facilities

exist for vehicle manufacturers to conduct compliance testing. Given

these concerns, AAMA favored adopting, on an interim basis, an

equipment requirement only.

ATA, Strait-Stop, and several other commenters supported a dynamic

performance-based requirement instead of an equipment requirement. They

believed that this approach would encourage further development of

antilock technology and would enable users to find the system that best

suits their operation. ATA was concerned that an equipment requirement

would preclude the development of more effective systems for different

applications.

TTMA believed that the braking-in-a-curve test is inappropriate for

trailers. It stated that trailer manufacturers, many of which are small

entities, do not have the financial resources or the facilities to

conduct road testing.

After reviewing the comments and other available information, NHTSA

has decided to amend the Standard to include the braking-in-a-curve

test for certain vehicles. The agency considered requiring surface

transition tests (i.e., a test maneuver in which vehicle braking begins

on a high coefficient of friction surface and then completes the stop

on a low mu surface, and vice versa), a lane change test, and split mu

or side-to-side differential coefficient of road surface friction

tests, to achieve that objective. The tests would ideally be conducted

at various speeds with different loading conditions and test surfaces.

However, the agency has decided that it would be unnecessarily

burdensome and costly to impose such an array of tests on heavy vehicle

manufacturers. NHTSA has determined that the performance testing and

equipment requirements imposed in today's final rules are the most

appropriate method of ensuring directional control and stability.

NHTSA has decided at this time to apply the braking-in-a-curve test

to truck tractors, but not to other heavy vehicles. The agency believes

that opposition by AAMA, Volvo-GM, and Midland Grau to the braking-in-

a-curve test requirement is based primarily on uncertainty about

whether the test would also be required for single-unit vehicles, since

the MVSRAC ABS Task Force developed the braking-in-a-curve test

procedure for testing only truck tractors. Since neither the agency nor

the Task Force included single-unit vehicles in the test program, NHTSA

believes that AAMA and the others are concerned about whether the

braking- in-a-curve test would appropriately evaluate directional

stability and control of single-unit vehicles. Accordingly, NHTSA's

decision to apply the braking-in-a-curve test at this time only to

truck tractors should reduce the concerns of AAMA and other commenters

that opposed this dynamic performance test.

With respect to truck tractors, NHTSA has concluded that the road

tests performed by the agency and the ABS Task Force provide sufficient

justification to apply the braking-in-a-curve test to these vehicles.

The agency notes that the industry, through the MVSRAC, previously

endorsed and recommended to the agency, essentially the same dynamic

performance test that is contained in this final rule. The Task Force

test data and final report indicate that the braking-in-a-curve

procedure is safe, practicable, and repeatable for truck tractors.

Accordingly, the agency believes that this recommendation remains valid

for tractor trailers.34

34TRC of Ohio, Report No. 091194, page 4, August 26, 1991.

---------------------------------------------------------------------------

NHTSA has decided not to require single unit trucks, buses, and

trailers to comply with the braking-in-a-curve test requirement at this

time. The agency's limited testing of single unit trucks to the

braking-in-a-curve maneuver revealed no specific safety problems.

However, additional testing on a wider variety of trailers, dollies,

and single-unit vehicles, including buses and trucks, would be

appropriate to ensure that these vehicles could be safely tested to the

braking-in-a-curve maneuver. Specifically, the agency is concerned that

certain vehicles, especially ones with a high center of gravity, might

be prone to roll over or otherwise lose control during such tests.

NHTSA intends to develop performance test requirements equivalent to

the braking- [[Page 13232]] in-a-curve test for the other vehicle types

covered by this rule, assuming that future research indicates it

possible to conduct the test in a safe fashion and to obtain

meaningful, repeatable results. The agency anticipates conducting

additional research and road tests to decide whether heavy vehicles

other than truck tractors should be subject to this road test.

Today's notice, including the agency's decision not to apply the

braking-in-a-curve test to vehicles other than truck tractors,

completes the comprehensive rulemaking to establish directional

stability and control requirements that was initiated by the June 1992

ANPRM. If NHTSA decides that it is in the interest of motor vehicle

safety to apply the braking-in-a-curve test to single-unit vehicles or

trailers, then it will issue a new proposal to initiate a subsequent

rulemaking on this matter.

2. Test Surface

In the NPRM, NHTSA proposed that the braking-in-a-curve test be

conducted on a test surface with a peak friction coefficient (PFC) of

0.5 to represent a low coefficient of friction surface. In formulating

the proposal, NHTSA considered whether the proposed test surface

specification raised practicability or objectivity concerns in light of

PACCAR. The agency specifically requested comments on the proposed test

surface specification.

Three commenters addressed the test surface specification. Midland-

Grau stated that since maintaining a precise PFC value is not feasible,

reasonable fluctuations of 10 percent are to be expected.

Notwithstanding these inherent fluctuations, Midland-Grau commented

that its testing shows that variability in the test surface PFC value

of less than 10 percent does not affect the braking-in-a-curve test

since no stopping distance is prescribed. AAMA stated that it is not

possible to maintain a surface at a precise PFC. It further stated that

it is not apparent whether it would be more conservative to conduct

testing at a higher PFC than the proposed PFC. AAMA stated that the

variability in the peak to slide ratio is significantly greater on wet

surfaces than on dry surfaces, and that this ratio directly affects

performance. Mr. Robert Crail, a brake engineer, stated without

elaboration that using PFC rather than skid numbers will ensure that

the test surfaces and test conditions will be reasonable and repeatable

during actual vehicle testing.

Before addressing the specific comments about the test surface, the

following discussion summarizes the PACCAR decision's findings with

respect to variability and how today's rulemaking responds to that

ruling. As a result of that case, NHTSA has considered ways to better

specify test surface adhesion. Prior to the Standard No. 135, Passenger

Car Brake Systems, rulemaking, NHTSA defined road test surfaces by

specifying skid numbers. A skid number is the frictional resistance of

a pavement measured in accordance with a test procedure defined by the

American Society for Testing and Materials (ASTM). However, given the

fluctuations of skid numbers on a given surface, the PACCAR ruling

invalidated certain aspects of Standard No. 121's reliance on this

measure based on its potential impracticability. In the rulemaking

proposing Standard No. 135, several commenters advocated specifying the

peak friction coefficient as an alternative measure of a test surface's

adhesion. The agency has concluded that PFC is more relevant for the

stopping distance tests required by the standard because, unlike a skid

number, the maximum attainable deceleration in a non-locked wheel stop

is more directly related to PFC. As discussed in the Appendix, the skid

number characterizes the slide (locked wheel) value of the coefficient

of friction of a given road surface, and the PFC characterizes the peak

(rolling wheel) value of the coefficient of friction of a given road

surface. Since the agency's brake test procedures generally prohibit or

limit wheel lockup during brake testing, specifying the peak friction

coefficient is more relevant than specifying the skid number of the

surface.

NHTSA has also conducted ``Round Robin'' testing to understand

further how fluctuations of PFC affect the stopping performance of

heavy vehicles. Based on the above, NHTSA has decided that the braking-

in-a-curve test should be performed on a test surface with a PFC of

0.5, which appropriately represents a typical low coefficient of

friction road surface. Moreover, in today's companion rule adopting

stopping distance requirements, the agency has decided it is

appropriate to perform the primary 60 mph stopping distance tests on a

test surface with a PFC of 0.9. Agency and industry testing indicate

that a PFC of 0.9 represents a typical dry road surface.

The requirement to specify test surfaces in terms of PFC rather

than skid numbers also responds to PACCAR's concern about

practicability problems caused by skid number fluctuations. Because the

PFC values of surfaces measured may also indicate some fluctuation, the

agency has considered whether the fluctuation significantly affects the

requirement's objectivity. In an earlier rulemaking about Standard No.

208, the agency explained that since some variability in any test

procedure is inherent, the agency need only be concerned about

preventing ``unreasonable'' or ``excessive'' variability to avoid

causing manufacturers to ``overdesign'' vehicles to exceed the minimum

levels of protection specified by the Federal safety standards. (49 FR

20465, May 14, 1984; 49 FR 28962, July 17, 1984.) With respect to the

braking-in-a-curve test, variability of the PFC value of the test

surface will have a negligible impact on a vehicle's ability to comply

with the requirements, which is to stay within the 12-foot lane. Since

the test speed is set at the lesser of 30 mph or 75 percent of the

maximum drive-through speed\35\ of the vehicle in the curve, any

variability in the test surface will be compensated for by an increase

or decrease of the maximum drive-through speed of the vehicle. If the

maximum drive-through speed is less than 40 mph, this will result in a

corresponding increase or decrease of the test speed, which cannot be

higher than 30 mph. As a result, the variability of the test surface is

not as critical an issue for the braking-in-a-curve test as it is for a

stopping distance test on a high coefficient of friction surface, which

includes a stopping distance measurement that is more affected by test

surface variation. Based on these considerations, the agency has

determined that the results of the braking-in-a-curve test will not be

affected by minor variations in the test surface.

\35\Maximum-drive-through-speed is defined as ``the highest

possible constant speed that the vehicle can be driven through 200

feet of a 500-foot radius curve arc without leaving the 12-foot

lane.''

---------------------------------------------------------------------------

The road surface requirements comply with PACCAR's holding that

manufacturers are entitled to testing criteria that they can rely on

with certainty, since they include objective terms and requirements,

i.e., the test surface is at a PFC of 0.5. For the same reason, the

requirements also comply with PACCAR's requirement that all methods to

demonstrate compliance with the requirement be set forth in the

regulation.

In evaluating the requirement's practicability, NHTSA has

considered possible difficulties with respect to building and

maintaining test surfaces with a PFC of 0.5 for the braking-in-a-curve

test and 0.9 for the high coefficient stopping test. (Those interested

in building and maintaining a test surface should refer to NHTSA's

[[Page 13233]] ``Manual for the Construction and Maintenance of Skid

Surfaces,'' (DOT HS 800 814.) Variations in PFC for high coefficient of

friction surfaces do not affect stopping distance test results

appreciably. Moreover, while variations in PFC for low coefficient

friction surfaces may affect the distance in which a vehicle stops,

such variations are not relevant for the braking-in-a-curve test, which

requires a vehicle to remain stable while it is stopped, not that it

stop within a specified distance. After reviewing the comments and

available information, NHTSA has concluded that specified test surfaces

can be achieved and maintained. As explained above, recent ``Round

Robin'' testing related to research about heavy vehicle braking by the

agency and others on several test tracks indicates that the test

surface specification does not raise practicability or objectivity

concerns.\36\

\36\TRC Report, August 21, 1991, page 6.

---------------------------------------------------------------------------

One of the PACCAR court's concerns was that the road surface skid

numbers were based on an out-of-production tire. That concern is not

relevant to today's final rule since it specifies a currently-produced

tire. The requirements comply with PACCAR's concern about the testing

method's objectivity because the peak coefficient of friction is an

objective measure.

NHTSA disagrees with AAMA's comment that it is not apparent whether

it would be more conservative to conduct testing at a higher PFC than

the proposed PFC. Data from the round-robin testing and other sources

show that the stringency of a braking-in-a-curve test increases as the

PFC of the test surface decreases, if the tests are conducted at the

same vehicle speed. Since the requirement specifies a test speed based

on the vehicle's maximum drive-through speed, which decreases as the

test sequence PFC decreases, the resulting test speed will also be

lower as the PFC decreases. Hence, the stringency of the braking-in-a-

curve test should not change with minor changes in the PFC of the test

surface.

NHTSA has decided that AAMA's other comments about the test surface

requirement are without merit. That organization did not provide any

data to substantiate its statements. Nor did it explain why it believes

that ``variability in the peak to slide ratio'' is relevant. Similarly,

AAMA's comment about ``simultaneously maintaining a given surface at a

precise PFC and sliding coefficient (i.e., skid number) [being]

completely infeasible'' is irrelevant to this rulemaking. The agency

has never proposed a test surface requirement that specifies both the

PFC and skid number values.

3. Test Speed

In the NPRM, NHTSA proposed that the braking-in-a-curve test be

conducted at 30 mph, unless the vehicle could not stay within the 12-

foot lane when driven through the curve at 30 mph. If the vehicle could

not do so, the braking-in-a-curve test would be conducted at 75 percent

of the maximum drive-through speed. NHTSA believed that the proposed

vehicle test speed was sufficiently high to test ABS performance, but

low enough so as not to pose an unsafe condition during the maneuver to

the test driver of most vehicles, based on testing conducted by the

agency\37\ and SAE J1626 Proposed Recommended Practice. The agency

requested comments about the proposed test speed.

\37\TRC Report, August 26, 1991.

---------------------------------------------------------------------------

Advocates opposed any reduction in the test speed below 30 mph.

Specifically, it opposed permitting vehicles that cannot negotiate the

curve at 30 mph to be tested at the 75 percent drive-through speed

because it believed that this would be a ``free-floating criterion''

that could lead to ineffective antilock systems.

Rockwell WABCO, Allied Signal, Midland-Grau, and AAMA requested

that the test speed be clarified. Rockwell WABCO recommended that the

vehicle test speed requirement be revised to read ``stopped from 30 mph

or 75% of the maximum drive through speed, whichever is less.''

Similarly, Allied Signal suggested that the vehicle test speed be

clarified to say that testing cannot exceed 30 mph. Midland-Grau

recommended that the agency revise the requirement so that the test be

conducted at only 75 percent of the maximum drive-through speed

capability. It further stated that conducting the braking-in-a-curve

test at speeds greater than 30 mph on a low mu surface could cause

safety problems. AAMA stated that the NPRM incorrectly applied SAE

J1626, which requires testing at 75 percent of drive-through speed to a

maximum of 30 mph braking speed. It stated that under the proposal, a

vehicle with a drive-through speed of 30 mph would be tested at 30 mph,

while a vehicle with a drive-through speed of 29 mph would be tested at

less than 22 mph. In opposing the proposed requirement, AAMA further

stated that the determination of the drive-through speed is highly

sensitive to driver skill, subtle vehicle maneuvers, and environmental

conditions, and is therefore not repeatable.

ATA recommended that NHTSA establish stopping or snubbing distance

requirements for vehicles in a curve, using a braking speed which is

between 95 and 100 percent of their maximum drive through speed.

After reviewing the comments and available information, NHTSA has

decided to specify that a vehicle's test speed for the braking-in-a-

curve test is ``30 mph or 75% of the maximum drive-through speed,

whichever is less.'' This modification responds to the comments by

Rockwell WABCO, Allied Signal, and Midland-Grau that the proposal was

not consistent with SAE J1626. The agency believes that making the

speed consistent with SAE 1626 will eliminate the possibility of

discontinuities in the test's stringency for different vehicles. As

AAMA correctly stated, the proposed test speed created an anomaly that

benefitted vehicles with a maximum drive-through speed slightly below

30 mph. For example, a vehicle with a maximum drive-through speed of 29

mph would have been tested at 22 mph, while a vehicle with a maximum

drive-through speed of 30 mph would have been tested at 30 mph. This

would have meant that a 1 mph difference in maximum drive-through speed

would have resulted in a 8 mph difference in test speed. This could

have caused significant variations in test results for vehicles with

slight differences in maximum drive-through speed. By establishing a

test speed that is adjusted for differences in maximum drive-through

speed and that would be more specific and distinct for each vehicle and

test surface, the agency has minimized potential compliance testing

problems that might occur due to variability in the test speeds for

different vehicle and road test surface conditions.

NHTSA notes that ATA's requested test speed and test conditions

have not been tested by the agency or industry and therefore their

adoption would not be appropriate at this time. The agency may evaluate

ATA's proposal in future test programs.

NHTSA believes that Advocates' opposition to permitting test speeds

below 30 mph is unfounded. Similarly, the agency believes that AAMA's

concern about the drive-through speed being unrepeatable is irrelevant.

By allowing vehicles to be tested at 30 mph or 75 percent of maximum

drive-through speed, whichever is less, the effects of test surface

variation are eliminated.\38\

\38\TRC Report, page 10. [[Page 13234]]

---------------------------------------------------------------------------

4. Type of Brake Application

In the NPRM, NHTSA proposed that the stops be achieved through full

brake applications in which the pressure at the treadle valve must

reach 100 psi within 0.2 seconds after the application is initiated.

The agency believed that these values properly represent full brake

applications, in terms of both the application's degree of force and

its duration. The agency stated that the stability and control

requirements should evaluate worst case braking applications in an

aggressive or ``hard'' stop and that full brake applications are more

readily repeatable than the ``driver best effort'' applications.

Midland-Grau agreed with the proposal to specify a full treadle

application of 100 psi in 0.2 seconds for air braked vehicles.

According to Midland-Grau's test data, full treadle applications at 100

psi were achieved in 0.12 to 0.18 seconds, with the measurement taken

at the treadle valve's primary output circuit located at the rear axle

brakes. However, more time is needed to reach 100 psi at the secondary

circuit located at the front axle brakes because its output supplies

air to the quick release valves and then to the front axle brake

chambers. Allied Signal stated that it is not possible to reach 100 psi

within 0.2 seconds at the front axle output circuit of the treadle

valve.

After reviewing these comments, NHTSA has decided to revise the

brake application requirement for air braked vehicles to require 100

psi in at least one of the treadle valve's output circuits within 0.2

seconds, thereby allaying Allied Signal's concern. This modification to

the test condition should eliminate potential ambiguity concerning

where the application pressure is to be measured.

5. Number of Test Stops for Certification

In the NPRM, NHTSA proposed that a vehicle comply with the proposed

braking-in-a-curve test in each of three consecutive stops for each

combination of weight and road conditions. In contrast, the vehicle

stopping performance tests in Standard No. 105 and Standard No. 121

specify that the vehicle must meet the requirements at least once in

six attempts through a best effort brake application. The agency

tentatively concluded that six stops should not be needed to achieve

the required performance in the braking-in-a-curve test, given the

presence of an antilock brake system. The agency requested comments

about the number of brake applications that should be required.

Advocates, Midland-Grau, and Mr. Crail stated that three stops are

sufficient for a vehicle with an antilock brake system to display

compliance with the braking-in-a-curve test. They stated that without

stopping distance requirements, this test procedure entails a simple

performance test for the vehicle to maintain control in the 12-foot

lane. Midland-Grau added that it uses three stops when conducting ABS

performance tests, and that this number of brake applications is

consistent with the SAE J1626 Recommended Practice and with the MVSRAC

Antilock Brake System Task Force's final recommendations.

AAMA argued that specifying three passes in three consecutive stops

places an unrealistic burden on the driver to control the vehicle

immediately with no opportunity to become familiar with the vehicle or

test surface. AAMA recommended that manufacturers be given the option

of conducting ten or more stops and certifying that the vehicle stayed

within the 12-foot lane for any three consecutive stops.

After reviewing the comments and the available information, NHTSA

has decided that requiring compliance with the braking-in-a-curve

requirements during three consecutive stops is appropriate. The agency

notes that specifying three consecutive full treadle test stops is

consistent with both the agency's own testing at VRTC and its testing

in conjunction with the motor vehicle industry through the MVSRAC ABS

Task Force. The use of full treadle brake applications to test an ABS-

equipped vehicle to the braking-in-a-curve maneuver requires less

driver skill than the use of a driver's-best-effort modulated brake

application (i.e., the type of application used in stopping distance

performance tests) because the ABS automatically modulates the brakes.

Further, more than three stops are unnecessary since the braking-in-a-

curve test requirement is not coupled with a stopping distance

requirement. Therefore, NHTSA has decided not to adopt AAMA's

suggestion that manufacturers be given the option of complying with

only three of ten stops. Adopting that suggestion would make the

braking-in-a-curve requirement unreasonably lenient.

6. Test Weight

In the NPRM, NHTSA proposed that single unit trucks, buses and

bobtail truck tractors be tested at their curb weight (including full

fuel tanks) plus 500 pounds to account for the driver and

instrumentation. The agency also proposed to allow a manufacturer to

conduct the braking-in-a-curve test with a roll bar structure weighing

up to an additional 1,000 pounds to protect the driver, based on a

recommendation by the MVSRAC ABS Task Force. The agency requested

comments about the appropriate unloaded test weight.

Rockwell WABCO recommended that unloaded heavy vehicles be allowed

to have less than 500 pounds added in the unloaded condition.

After reviewing Rockwell WABCO's comment, NHTSA has decided to

amend the test condition in the braking-in-a-curve test to specify the

weight in the unloaded condition to be ``up to 500 pounds'' for driver

and instrumentation.\39\ The agency notes that instrumentation hardware

has been getting more compact and lightweight. Using the regulatory

language ``up to 500 pounds'' will simplify the test condition since

manufacturers will not have to add ballast to ensure that the weight is

500 pounds. This change provides manufacturers with greater incentive

to use the newer, lighter hardware. The agency believes that this

modification will have no measurable effect on a vehicle's performance

during the braking-in-a-curve test since a weight range of a few

hundred pounds is of little significance in relation to a tractor's

typical empty weight of more than 26,000 pounds.

\39\The final rule also adopts the 1,000 pound allowance for a

roll bar.

---------------------------------------------------------------------------

7. Loading Conditions

In the NPRM, NHTSA proposed that braking-in-a-curve tests be

performed in both the empty and loaded conditions, since a vehicle's

braking performance varies depending on the amount of load that it is

carrying. With respect to testing truck tractors in the loaded

condition, the agency proposed two alternatives regarding the use of

control trailers: (1) use a braked control trailer and (2) use an

unbraked control trailer.

Most commenters, including AAMA, Rockwell WABCO, and Midland-Grau,

supported the unbraked control trailer alternative. These commenters

believed that using an unbraked control trailer instead of a braked

control trailer would eliminate many sources of variability and would

provide more consistent and repeatable test data. AAMA stated that if

the braked control trailer alternative were adopted, every aspect of

the control trailer brake system would have to be precisely specified

because the tractor's performance is directly affected by the

performance of the control trailer. Midland-Grau stated that using an

unbraked control trailer is consistent with SAE J1626 and the testing

[[Page 13235]] performed by the MVSRAC ABS Task Force.

Similarly, commenters on the February 1993 stopping distance NPRM

strongly supported the unbraked control trailer alternative. Those

commenters believed that the agency would have great difficulty

defining the required performance of a braked control trailer and its

ABS if the braked control trailer alternative were adopted.

Mr. Crail and Strait-Stop stated that a truck tractor should be

tested with an ABS-equipped control trailer because it is not normal

for a combination vehicle to be operated with an unbraked control

trailer. They believed that a braked control trailer would more closely

reflect real world braking. Mr. Crail also stated that an unbraked

control trailer could result in instability during testing.

After reviewing the comments and other available information, NHTSA

has decided to specify that truck tractors be tested with an unbraked

control trailer for the braking-in-a-curve test. As the agency

explained in the NPRM, the unbraked control trailer eliminates certain

types of variability and provides more repeatable test data. Moreover,

this approach eliminates the need for the agency to specify and vehicle

manufacturers to comply with detailed foundation brake design

requirements for the control trailer. Accordingly, the unbraked control

trailer will provide more readily comparable test data among vehicles

and more repeatable test parameters for manufacturers.

NHTSA acknowledges that an unbraked control trailer does not

represent a typical operating condition for a combination vehicle. As a

result, real world combination vehicles will stop more effectively than

a test combination vehicle that has brakes on its tractor but not on

its trailer. Nevertheless, as most commenters stated, the unbraked

control trailer provides significant benefits for testing a loaded

truck tractor. Further, using the unbraked control trailer is

consistent with SAE J1626 and the testing performed by the MVSRAC Task

Force.

As for Mr. Crail's concern about stability problems during testing,

NHTSA does not agree that the use of an unbraked control trailer will

result in such problems. It is true that using an unbraked control

trailer will result in the kingpin receiving additional forces, since

the trailer will still be pushing on the kingpin while the tractor is

braking. However, the agency and industry conducted several braking-in-

a-curve tests with unbraked control trailers that indicated that these

additional kingpin forces will not increase a vehicle's instability

during testing.\40\

\40\TRC Report #091194, page 4.

---------------------------------------------------------------------------

8. Initial Brake Temperature

In invalidating parts of Standard No. 121, the court in PACCAR

stated that the standard failed to specify formal and reasonably

specific testing criteria about the time intervals between tests. The

time interval between tests is important because it may affect brake

temperature and thus brake lining performance. In response to PACCAR,

the agency amended the standard to specify that the average brake

lining temperature of the hottest axle be between 150 deg. and 200

deg.F before performance tests could be conducted.

In the February 1993 NPRM on stopping distance and the September

1993 NPRM on stability during braking, NHTSA proposed that the average

brake lining temperature of the hottest axle be between 250 deg. and

300 deg. F before performance tests could be initiated. This range was

based on testing conducted by VRTC41. The agency believed that

compared to current requirements, this provision would allow tests on

heavy vehicles to be conducted within a shorter time between

measurements at temperatures representative of in-service conditions,

without affecting brake performance.

\41\``Heavy Duty Vehicle Brake Research Program--Report No. 1,''

April 1985.

---------------------------------------------------------------------------

Only Advocates commented on the proposal in the stability and

control NPRM to increase the initial brake temperature from 150-200

deg.F to 250-300 deg.F. Advocates supported the higher temperature

range, stating that it is reasonable and representative of in-service

temperature conditions. However, NHTSA received numerous comments about

this issue in response to the stopping distance NPRMs. All commenters

addressing the issue of initial brake temperature in those rulemakings

strongly opposed the proposed change in temperature from 150-200 deg.F

to 250-300 deg.F. Lucas argued that the higher initial brake

temperature would be detrimental to drum brake performance. Lucas,

HDBMC, and Rockwell WABCO stated that the proposed initial brake

temperature would invalidate the vehicle manufacturer's data bank from

Standard No. 121 testing at 150-200 deg.F, which has been accumulating

since the 1970s. Midland-Grau commented that, among other things, the

higher initial brake temperature would lead to more aggressive lining

materials and vehicle compatibility problems.

Abex, AAMA, and HDBMC stated that the proposed higher initial brake

temperature would shorten testing time between 5 and 10 hours. However,

they believed that problems associated with brake fade resulting from

the higher initial brake temperature would far outweigh the nominal

cost savings obtained by having a shorter test time. Test data provided

by AAMA showed that while the higher initial brake temperature has a

slight adverse effect (a 7-28 foot increase) on full service brake

stopping distance, it has a significant adverse effect (a 25-98 foot

increase) on emergency brake stopping distance.

Rockwell WABCO stated that the perceived benefits of the higher

initial brake temperature do not justify the increased vehicle testing

and redesign that would be required to meet the proposed initial brake

temperature.

After reviewing the comments, the test data, and other available

information, NHTSA has decided that an initial brake temperature in the

150 deg.F to 200 deg.F range is more appropriate than the proposed

temperature range. As the commenters stated, testing using the 150

deg.F to 200 deg.F temperature range is more repeatable and results in

less variation between runs, compared to testing conducted using an

initial brake temperature of 250 deg.F to 300 deg.F, particularly for

the emergency brake stops. The agency further notes that an initial

brake temperature of 150 deg.F to 200 deg.F is within the 150 deg.F

to 300 deg.F range recommended by the VRTC test report. The agency is

aware that the lower temperature range increases the total test time by

5 to 10 hours. Nevertheless, because the other advantages to the lower

temperature range outweigh this concern, NHTSA has decided not to

change the specification that the initial brake temperature be between

150 to 200 deg.F.

9. Transmission Position

In the NPRM, NHTSA proposed that the transmission be in neutral or

the clutch pedal be depressed (clutch disengaged).

ATA commented that, in real world panic stops, drivers will neither

put the transmission in neutral nor depress the clutch pedal before

making a brake application. Nevertheless, ATA acknowledged that

retardation by the drivetrain could cause vehicle instabilities that

would necessitate testing at speeds lower than the drive through speed.

NHTSA has concluded that testing with the transmission in neutral

or the clutch disengaged is appropriate to ensure that engine

retardation does not affect a test which is intended to

[[Page 13236]] evaluate the influence of brake systems on vehicle

dynamic stability. Engine and drivetrain retardation forces vary from

vehicle to vehicle and can affect vehicle stability on low coefficient

of friction surfaces. Nevertheless, this is not the purpose of this

test. By requiring that the transmission be placed in neutral for brake

testing, the standard attempts to reduce these drive-train related

braking influences on the service brake performance. Therefore, testing

with the transmission in neutral or the clutch disengaged will

eliminate influences that engine or drivetrain retardation would have

on braking performance. This test condition therefore helps to ensure

test repeatability and reproducibility.

10. Summary of General Test Conditions

For the convenience of the reader, this section summarizes the

general test conditions being adopted in this notice, as follows:

Vehicle Position--Centered in the test lane at the

initiation of braking.

Steering--Driver to steer as necessary during braking to

maintain vehicle control.

Initial Brake Temperature--The average brake lining

temperature of the hottest axle between 150 to 200 deg.F.

Transmission--Neutral (or clutch pedal depressed).

Loading for Truck Tractors

Empty (Bobtail): Curb Weight (including full fuel tanks) plus up to

500 pounds for driver and instrumentation, and, at the manufacturer's

option, a roll bar weighing up to 1,000 pounds.

Loaded: Tractor is loaded with an unbraked control trailer, loaded

above the kingpin only, so that the tractor is at GVWR and the trailer

axle is at 4500 pounds. Tractor weight is distributed in accordance

with the Gross Axle Weight Ratings (GAWRs). If the tractor's fifth

wheel is fixed, preventing such loading, then the trailer is loaded

until any one tractor axle reaches its GAWR.

Brake Burnish--Follow procedures in S6.1.8(b) of Standard

No. 121.

Low Mu Braking-In-A-Curve Test

Run vehicle, empty and loaded.

Test Surface--PFC of 0.5, as determined with the ASTM

E1136 SRTT tire on ASTM traction trailer using ASTM E1337-90 procedure.

Track Configuration--500 foot radius at lane center line.

Test Speed--30 mph or 75 percent of the maximum drive-

through speed, whichever is less. Maximum drive-through speed is the

highest constant speed at which the vehicle can be driven through 200

feet of curve arc without any part of the vehicle leaving the 12-foot

lane.

Brake Application--Three full-treadle applications (i.e.,

air pressure of 100 psi at any treadle valve output circuit within 0.2

second) for each loading condition.

Test Failure Condition--Vehicle must stay within the 12-

foot lane during all three stops in order to comply with requirement.

D. Reliability and Maintenance

In response to the SNPRM, ATA, United Parcel Service (UPS), and

Tramec expressed concern about the durability, reliability, and

maintenance of ABSs. ATA stated that the rule, if adopted, would result

in significant maintenance problems, especially with respect to

failures of electrical circuits and of the power source. It claimed

that ABS components fail too often and that real world failure rates

are higher than those in NHTSA's demonstration program. ATA further

stated that it is inappropriate to compare the failure rates of ABS

components that are not subject to wear with the rates for components,

like brake linings and tires, that are subject to wear. ATA stated that

existing connectors fail in large numbers and that what it mistakenly

termed a ``separate connector requirement'' would double the failure

rate, resulting in unreasonable costs.42 It also stated that there

have been many problems resulting from inadequate installation of ABSs,

since malfunctions are frequently due to design problems, faulty

installation, and lack of knowledge about ABS maintenance. ATA also

stated that NHTSA did not take seriously enough malfunctions noted

during the agency-sponsored in-service fleet study, which were

rectified with only the expenditure of labor, namely corrections that

involved inspections or minor adjustments.

\42\The agency notes that it is requiring powering through a

separate circuit, not a separate connector.

---------------------------------------------------------------------------

ATA and UPS stated that new ABS equipped heavy vehicles have a high

percentage of ``direct from factory'' ABS failures. UPS stated that

``these systems are still plagued by incidents of failure that far

exceed the normal level of problems encountered with other components

of heavy duty trucks.'' ATA also stated that NHTSA did not take labor

only failures (i.e., malfunctions that can be fully corrected through

the use of labor without the need for new parts) seriously enough. ATA

believes that they are a costly and serious problem that takes vehicles

out of service.

To evaluate the reliability of current-generation ABSs, NHTSA has

conducted extensive field studies of ABS-equipped heavy truck tractors

and semitrailers in developing this final rule. In response to the

PACCAR decision, these studies were structured to assess whether

current-generation heavy vehicle antilock brake systems were reliable

and fail-safe, whether they inordinately increased vehicle maintenance

costs, and whether they could be successfully maintained and would

remain functioning in typical U.S. heavy truck operating environments.

Between 1988 and 1993, NHTSA tracked the maintenance performance

histories of 200 truck tractors and 50 semitrailers equipped with ABS,

as well as the histories of a comparison group of 88 truck tractors and

35 semitrailers not equipped with ABS, to determine the incremental

maintenance costs and patterns associated with installing ABS on these

heavy vehicles. Additionally, special on-board vehicle recorders were

used to monitor the functioning and performance of the ABSs. Finally,

drivers and mechanics at the participating test fleets were

periodically interviewed to ascertain their views about the ABS test

vehicles' performance and ease of maintenance. This multimillion dollar

program was the largest of its kind that has ever been conducted by the

agency or throughout the world. The study's authors concluded that,

based on the data collected during the fleet study, currently available

antilock braking systems are reliable, durable and maintainable.

While ABS is not a zero-cost maintenance item, its presence on a

vehicle did not substantially increase maintenance costs (less than 1

percent for t

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

Federal Motor Vehicle Safety Standards; Stability and Control of Medium and Heavy Vehicles During Braking · 60 FR 13216 | Frix