Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems; Light Vehicle Brake Systems

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 85-06; Notice 11]

RIN [2127-AG35]

Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems;

Light Vehicle Brake Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to extend the requirements of Federal

motor vehicle safety standard (FMVSS) No. 135, Passenger Car Brake

Systems, to trucks, buses, and multipurpose passenger vehicles with a

gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 kilograms)

or less. As a result, manufacturers of such vehicles have the option of

complying with either FMVSS No. 105 or FMVSS No. 135 for an interim

five year period, after which all light vehicles would have to comply

with FMVSS No. 135. The agency believes that such an amendment would be

consistent with the agency's policy of achieving international

harmonization whenever possible, consistent with the statutory mandate

to ensure motor vehicle safety.

DATES: Comment Period: Comments on this notice must be received by

NHTSA no later than July 1, 1996.

ADDRESSES: Comments should refer to the docket and notice numbers above

and be submitted to: Docket Section, National Highway Traffic Safety

Administration, 400 Seventh Street SW, Washington, D.C. 20590. Docket

hours are 9:30 a.m. to 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Robert M.

Clarke, Office of Crash Avoidance, National Highway Traffic Safety

Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202)

366-5278.

For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division,

Office of Chief Counsel, National Highway Traffic Safety

Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202)

366-2992.

SUPPLEMENTARY INFORMATION:

I. Background

On February 2, 1995, the National Highway Traffic Safety

Administration (NHTSA) published a final rule establishing a new

Federal motor vehicle safety standard (FMVSS) No. 135, Passenger Car

Brake Systems ( 60 FR 6411). This standard resulted from the agency's

efforts to harmonize U.S. brake standards with international brake

standards. FMVSS No. 135 applies only to passenger cars. Between March

6, 1995 and August 31, 2000, manufacturers of passenger cars have the

option of complying with either FMVSS No. 105 or FMVSS No. 135. After

September 1, 2000, all passenger cars must comply with the requirements

of FMVSS No. 135, while all other vehicles with hydraulic brakes,

including light vehicles 1 other than passenger cars, still must

meet the requirements of FMVSS No. 105.

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\1\ Those vehicles with a gross vehicle weight rating (GVWR) of

10,000 lbs. (4,536 kilograms) or less.

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NHTSA is considering whether to extend the applicability of FMVSS

No. 135 to all light vehicles. FMVSS No. 105 would continue to apply to

vehicles with a GVWR greater than 10,000 pounds (i.e., medium and heavy

hydraulically-braked vehicles). If this change is adopted, FMVSS No.

135 would be retitled Light Vehicle Brake Systems.

In comments submitted in response to the agency's July 3, 1991

supplemental proposed rulemaking (SNPRM) on this subject (56 FR 30528),

Kelsey-Hayes asked whether the rule would apply to all purpose

vehicles, mini-vans, and light trucks, as well as to passenger cars. In

the final rule, NHTSA decided to apply FMVSS No. 135 only to passenger

cars, but stated it might consider applying FMVSS No. 135 to all light

vehicles at a later date.

In its petition for reconsideration to the final rule, General

Motors (GM) requested, among other things, that the agency consider

applying FMVSS No. 135 to all hydraulically-braked light vehicles. GM

stated that the United Nations Economic Commission for Europe (ECE)

Regulation R13-H was being developed with the intention of applying it

to all light vehicles. That company further stated that ``it would be

desirable to have a single brake

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standard applicable to all hydraulically-braked vehicles, as has

traditionally been the case with FMVSS No. 105.'' GM stated its belief

that FMVSS No. 135 was superior to FMVSS No. 105 and that extending its

applicability ``* * * could lead to genuinely improved brake systems

for MPV and LTV customers.''

II. Agency Proposal

After reviewing GM's petition, NHTSA has decided to propose

applying FMVSS No. 135 to all light vehicles. As a result,

manufacturers of such vehicles have the option of complying with either

FMVSS No. 105 or FMVSS No. 135 for an interim five year period, after

which all light vehicles would have to comply with FMVSS No. 135. The

agency believes that such an amendment would be consistent with the

agency's policy of achieving international harmonization whenever

possible and appropriate, consistent with the statutory mandate to

promote motor vehicle safety. In establishing FMVSS No. 135, NHTSA

stated that the new standard would differ from the existing one (FMVSS

No. 105) primarily in containing a revised test procedure based on

harmonized international procedures developed during discussions held

between NHTSA and the Meeting of Experts on Brakes and Running Gear

(GRRF) of the ECE. NHTSA stated that the new FMVSS would ensure the

same level of safety for the aspects of performance covered by FMVSS

No. 105, while improving safety by addressing some additional safety

issues.

At the agency's June 28, 1995 and September 22, 1995 quarterly

public meetings addressing NHTSA's regulatory activities, agency

personnel requested comments about whether the agency should apply

FMVSS No. 135 to all light vehicles. The agency has received no

comments, either in favor or in opposition to such an action. The

agency further notes that in 1995, domestic light truck manufacturers

were voluntarily equipping 56 percent of their annual production with

4-wheel antilock brake systems (ABS). The agency notes that a light

vehicle equipped with ABS would more easily comply with FMVSS No. 135,

particularly the adhesion utilization requirements. Market trends and

manufacturers' public pronouncements indicate that a significant

majority of light vehicles will be equipped with four-wheel ABS in the

near future. Based on these considerations, NHTSA believes that vehicle

manufacturers are already planning to voluntarily design and equip

their products with brake systems that would comply with FMVSS No.

135's requirements, including those dealing with adhesion utilization

and variable proportioning functional failures.

Accordingly, the agency proposes to amend Section S3. Application,

to apply FMVSS No. 135 to trucks, buses, and multipurpose passenger

vehicles with a GVWR of 10,000 pounds (4,536 kilograms) or less. The

agency notes that FMVSS No. 105 has some requirements that differ

depending on the vehicle's GVWR. Nevertheless, the agency is aware of

no reasons why the requirements of FMVSS No. 135 which relate to

equipment, dynamic road test procedures and required stopping

performance, system failures, and parking brake test procedures and

performance should be different for these vehicles than they are for

passenger cars. Nevertheless, the agency specifically invites comments,

along with supporting data, that might alter that tentative conclusion.

III. Rulemaking Analyses and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

This notice has not been reviewed under Executive Order 12866.

NHTSA has considered the impacts of this rulemaking action and

determined that it is not ``significant'' within the meaning of the

Department of Transportation's regulatory policies and procedures. The

agency believes that FMVSS No. 135 would ensure an equivalent level of

safety for those aspects of performance covered by FMVSS No. 105 and

that it would also address additional areas of brake performance which

offer added safety benefits. The agency believes that manufacturers are

already planning, prior to the date on which compliance with this

standard would become mandatory, to voluntarily equip their light

vehicles with brake systems that would meet the requirements of FMVSS

No. 135. Thus, the application of this standard to those vehicles would

not impose costs on manufacturers beyond those they otherwise

voluntarily plan to incur. Applying this rule to all light vehicles

would offer the possibility of reducing the production costs for these

vehicles. Further, the agency believes that manufacturers' compliance

verification costs, attributable to the full test procedure in the new

standard, would be approximately the same as those attributable to the

existing procedure under FMVSS No. 105. Based on the above

considerations, NHTSA believes that the impacts are so minimal as not

to warrant preparation of a full regulatory evaluation.

B. Regulatory Flexibility Act

NHTSA has also considered the effects of both this proposal under

the Regulatory Flexibility Act. I hereby certify that it would not have

a significant economic impact on a substantial number of small

entities. Accordingly, the agency has not prepared a preliminary

regulatory flexibility analysis.

NHTSA concluded that the February 1995 final rule had no

significant impact on a substantial number of small entities. That

conclusion is equally valid for this proposal to extend the application

of this rule to include all light vehicles. Accordingly, the cost

savings would be so small that they would not likely affect vehicle

sales.

C. National Environmental Policy Act

NHTSA has analyzed this rulemaking action for the purposes of the

National Environmental Policy Act of 1969. The agency has determined

that implementation of this action would not have any significant

impact on the quality of the human environment. No changes in existing

production or disposal processes result.

D. Executive Order 12612 (Federalism)

NHTSA has analyzed this action under the principles and criteria in

Executive Order 12612. The agency believes that this rulemaking action

would not have sufficient Federalism implications to warrant the

preparation of a Federalism Assessment. No State laws would be

affected.

E. Civil Justice Reform

This rulemaking would not have any retroactive effect. Under 49

U.S.C. 30103, whenever a Federal motor vehicle safety standard is in

effect, a State may not adopt or maintain a safety standard applicable

to the same aspect of performance which is not identical to the Federal

standard, except to the extent that the State requirement imposes a

higher level of performance and applies only to vehicles procured for

the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial

review of rulemakings establishing, amending or revoking Federal motor

vehicle safety standards. That section does not require submission of a

petition for reconsideration or other administrative proceedings before

parties may file suit in court.

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List of Subjects in 49 CFR part 571

Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber

products, Tires.

In consideration of the foregoing, the agency proposes to amend

Title 49 of the Code of Federal Regulations at Part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571 would continue to read as

follows:

Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;

delegation of authority at 49 CFR 1.50

2. Section 571.105 would be amended by revising S3, to read as

follows:

Sec. 571.105 Standard No. 105; Hydraulic Brake Systems.

* * * * *

S3. Application. This standard applies to hydraulically-braked

vehicles with a GVWR greater than 10,000 pounds. This standard applies

to hydraulically-braked passenger cars manufactured before September 1,

2000, and to hydraulically-braked multipurpose passenger vehicles,

trucks, and buses with a GVWR of 10,000 pounds or less that are

manufactured before September 1, 2002. At the option of the

manufacturer, hydraulically-braked passenger cars manufactured before

September 1, 2000, and hydraulically-braked multipurpose passenger

vehicles, trucks, and buses with a GVWR of 10,000 pounds or less

manufactured before September 1, 2002, may meet the requirements of

Federal Motor Vehicle Safety Standard No. 135, Light Vehicle Brake

Systems instead of this standard.

* * * * *

3. Section 571.135 would amended by revising the heading and

section S3. to read as follows:

Sec. 571.135 Standard No. 135; Light Vehicle Brake Systems

* * * * *

S3. Application. This standard applies to hydraulically-braked

passenger cars manufactured on and after September 1, 2000, and to

hydraulically-braked multipurpose passenger vehicles, trucks and buses

with a gross vehicle weight rating (GVWR) of 10,000 pounds (4,536

kilograms) or less, manufactured on and after September 1, 2002. In

addition, at the option of the manufacturer, passenger cars

manufactured before September 1, 2000, and multipurpose passenger

vehicles, trucks and buses with a GVWR of 10,000 pounds or less. (4,536

kilograms), manufactured before September 1, 2002, may meet the

requirements of this standard instead of Federal Motor Vehicle Safety

Standard No. 105, Hydraulic Brake Systems.

* * * * *

Issued on: April 25, 1996.

Barry Felrice,

Associate Administrator for Safety Performance Standards.

[FR Doc. 96-10793 Filed 5-1-96; 8:45 am]

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