Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems; Passenger Car Brake Systems

Federal RegisterSep 5, 1997

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 85-6; Notice 12]

RIN 2127-AG05

Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems;

Passenger Car Brake Systems

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation.

ACTION: Final rule.

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SUMMARY: This document amends Federal Motor Vehicle Safety Standards

Nos. 105 Hydraulic Brake Systems and 135 Passenger Car Brake Systems to

accommodate the brake systems on electric vehicles. The amendments

address unique characteristics of brake systems on electric vehicles,

such as regenerative braking, and are intended to assure safe

performance for those brake systems. The amendments of Standard No. 105

apply to electric trucks, buses, and multipurpose passenger vehicles.

They also apply to electric passenger cars that have not availed

themselves of the option of conforming to Standard No. 135, which is

mandatory for all passenger cars manufactured on and after September 1,

2000. The amendments to Standard No. 135 complement those made to

Standard No. 105.

DATES: The amendments to both standards are effective October 20, 1997.

Compliance with Standard No. 105 is mandatory as of September 1, 1998.

Compliance with Standard No. 135 is mandatory as of September 1,

2000, the effective date of Standard No. 135. Petitions for

reconsideration of the final rule must be submitted not later than

October 20, 1997.

ADDRESS: Petitions for reconsideration should be addressed to Docket

85-6; Notice 12, and submitted to Docket Room, NHTSA, Room 5108, 400

Seventh St. SW, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Samuel Daniel, Vehicle Dynamics

Division, Office of Vehicle Safety Standards, NHTSA (Phone: 202-366-

4921).

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Background

2. Issues relating to Definitions

3. Partial failure (Standard No. 105)

4. Issues relating to RBS:

A. RBS as part of the service brake system

B. RBS braking effects

C. ABS control over RBS

5. Issues relating to warning indicators:

A. Red ``BRAKE'' lamp as signal of RBS failure

B. Common ABS/RBS malfunction warning indicator

6. Issues related to compliance testing:

A. Procedure for determining battery state of charge

B. Procedure for charging batteries during burnish

C. Procedure for recharging batteries

D. Testing in gear as opposed to testing in neutral

E. Testing at low state of charge

7. Issues relating to test conditions:

A. Initial brake temperature (IBT)

B. Static parking brake test

C. Stops with engine off (Standard No. 135)

8. International harmonization

Effective dates

Regulatory analyses:

[[Page 46908]]

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

Regulatory Flexibility Act

Executive Order 12612 (Federalism)

National Environmental Policy Act

Executive Order 12778 (Civil Justice Reform)

1. Background

On January 15, 1993, NHTSA published a Supplemental Notice of

Proposed Rulemaking (SNPRM) concerning brake system performance of

electric vehicles (EVs) (Docket No. 85-6; Notice 7, 58 FR 4649). Notice

7 proposed amendments to Standard No. 105, Hydraulic Brake Systems and

revised portions of a proposed Standard No. 135, Passenger Car Brake

Systems. Standard No. 135 was issued as a final rule (Notice 8, 60 FR

6411) on February 2, 1995, with an effective date of March 6, 1995.

Passenger cars, including EVs, may comply with either Standard No. 105

or Standard No. 135, until September 1, 2000, after which Standard No.

135 will become the sole Federal motor vehicle safety standard for

passenger car brakes. Standard No. 105, as amended in this notice, will

continue to apply to electrically-powered multipurpose vehicles,

trucks, and buses after September 1, 2000, although NHTSA has proposed

(Notice 11) that Standard No. 135 be amended to apply, effective

September 1, 2002, to multipurpose passenger vehicles, trucks, and

buses with a GVWR of 10,000 pounds or less (61 FR 19602).

On September 26, 1995, the agency published a Further Supplemental

Notice of Proposed Rulemaking (FSNPRM), Notice 10 (60 FR 49544). Notice

10 refined Notice 7's proposed amendments to Standard Nos. 105,

Hydraulic Brake Systems, and No. 135, Passenger Car Brake Systems. For

a detailed history of the development of Federal braking standards for

EVs, the reader may consult Notice 7 and Notice 10.

Seven commenters, all motor vehicle manufacturers, responded to

Notice 10. They were Toyota Motor Corporation, General Motors

Corporation (GM), Chrysler Corporation, Ford Motor Company, Nissan

North America, Hydro Quebec (HQ), and Honda. All supported the agency's

rulemaking for EV brake systems. Notice 10 solicited specific comment

on two general questions: (1) Whether 2 miles is sufficient distance

for an EV to attain its maximum speed for compliance test purposes, and

(2) whether any EV manufacturer plans to equip its vehicles with a

braking system that includes a regenerative braking system (RBS) that

does not include an anti-lock braking system (ABS). All seven

commenters indicated that 2 miles was sufficient for an EV to obtain

maximum speed under most conditions. None of the commenters indicated

that they planned to produce EV brake systems that included RBS but

excluded ABS.

The following were the specific issues raised by comments to Notice

10.

2. Issues Relating to Definitions

Notice 10 proposed revising the existing definitions of ``Backup

system'' and ``Split service brake system'', and adding definitions for

``Electric vehicle or EV'', and ``Regenerative braking system or RBS.''

These would apply to both Standards Nos. 105 and 135. With the minor

addition noted below for RBS, the four definitions have been adopted as

proposed.

In addition, Notice 10 proposed a definition of ``Maximum speed or

Vmax'' for Standard No. 135. Standard No. 135 now contains a definition

of the term, thus, this Notice only adds language to the definition

that is appropriate for EVs. With reference to RBS, HQ suggested that

the term ``dynamic braking'' be adopted for purposes of Standards Nos.

105 and 135. Dynamic braking includes vehicle retardation that results

from dissipation of electrical energy when the battery(s) is at a high

state of charge as well as the retardation that occurs during battery

recharging when the battery(s) state of charge is low. HQ suggested

that the RBS definition proposed in Notice 10 be modified to include

reference to the dissipation of the energy generated by the propulsion

motors. The proposed definition stated that the energy produced by the

propulsion motors in the regenerative mode is returned to the

battery(s). Dissipation of the electrical energy developed through the

RBS could develop braking forces that are not dependent on the state-

of-charge of the batteries, according to HQ.

NHTSA agrees with HQ's observations that dissipation of the energy

produced by RBS while the propulsion motor(s) are in the regenerative

mode was not addressed in the proposed RBS definition. Since RBS

control systems with the capability of dissipating energy generated by

the RBS are under development, the agency believes that the definition

of RBS should include a reference to this capability. Thus, NHTSA is

amending the definition proposed in Notice 10 for regenerative braking

system (RBS) in Standards Nos. 105 and 135 to state that it ``* * *

means a system for recovering or dissipating kinetic energy. * * *''

However, the agency does not believe a definition for ``dynamic

braking'' should be added to the braking standards. HQ did not indicate

how it would be placed at a disadvantage without the new definition.

The definition for dynamic braking recommended by HQ involves a

combination of the energy dissipated and stored by the RBS control

system. The agency feels that inclusion of the energy dissipation

feature in the definition for RBS is sufficient to address HQ's

comment.

Nissan commented on the lack of definition of electrically-actuated

service brakes'', and asked that the agency adopt one to specify

electrically-actuated service brake system components. Toyota

recommended that the agency define the term as ``a braking system which

converts the electric energy of the battery directly to the braking

force.'' In its view, it is necessary to distinguish systems whose main

braking power is electrical from those systems in which electric energy

is used to operate power assist units such as vacuum and hydraulic

pumps. Electrically-operated power assist units should not be

considered electrically-actuated service brakes. Honda also asked for a

clarification of the term.

Notice 10 uses the term ``electrically-actuated service brakes''

several times in the prospective regulatory text for Standards Nos. 105

and 135, and, as the commenters noted, without proposing a definition

for it. One example of use of the term is in proposed paragraphs

S5.1.3.5 and S7.11.3 of Standards Nos. 105 and 135 respectively, called

Electric brakes, which specify partial failure performance requirements

for vehicles with any single failure in the electrically-actuated

service brakes.

NHTSA believes that Notice 10 contained an adequate explanation of

electrically-actuated service brakes, brake power assist units, and

electric or electronic transmission or service brake control.

Electrically-driven brake power assist units, such as hydraulic pumps

or vacuum motors that serve to reduce the driver-applied brake control

force, are not electrically-actuated service brake components. Neither

are systems in which the brake control signal is transmitted

electrically or electronically from the brake control to the foundation

brake (commonly known as electronic braking systems). The definition of

``electrically-actuated service brakes'' will read: ``Electrically-

actuated service brakes means service brakes that utilize electrical

energy to actuate the foundation brakes.''

HQ requested that the definition of ``antilock brake system'' (ABS)

in Standards No. 105 and 135 be modified to indicate that ABS is a

capability of the service brake system. ABS is defined

[[Page 46909]]

in the standards as part of the service brake system rather than a

capability of the service brake system. HQ also suggested that the

definition of ``ABS'' be changed by substituting the term ``braking''

for ``brake actuating'' because the latter implies the actuation of a

foundation brake. According to HQ, the term ``braking'' would apply to

any type of braking force modulation including braking forces generated

by vehicle components other than the foundation brakes.

The agency does not concur with these suggested modifications to

the definition for ``ABS''. It believes that the braking forces

developed by an electric motor(s) in an EV are covered adequately in

the definition of ``regenerative braking system.'' Also, most

conventional braking systems need to have specific hardware added to

accomplish the ABS function. The agency has concluded that the current

definition of RBS adequately addresses the braking system design

features described by HQ.

3. Partial Failure (Standard No. 105)

Notice 10 proposed adding partial failure provisions to Standard

No. 105 in a new paragraph S5.1.2.3., that a vehicle ``shall be capable

of stopping from 60 mph within the corresponding distance specified in

Column IV of Table II when there is a single failure in an electric

brake circuit, and with all other systems intact.'' This was supported

and has been adopted.

In addition, new wording was proposed under the partial failure

requirements to address failures of an RBS that is part of the service

brake system, since the RBS is not a separate ``circuit'' of the

service brake system. This, too, was supported and has been adopted.

4. Issues Relating to RBS

A. RBS as Part of the Service Brake System

Notice 10 proposed that RBS would be ``considered to be part of the

service brake system if it is automatically activated by an application

of the service brake control, if there is no means provided for the

driver to disconnect or otherwise deactivate it, and if the vehicle has

no `neutral' transmission position.''

GM indicated that the existence of a neutral transmission position

should not exclude RBS from being considered part of the service brake

system, according to GM, because a neutral transmission position need

not have any effect on the operation of an RBS. The ability of the

driver to disengage the RBS should be the only factor that precludes an

RBS from being considered part of the service brake system.

Toyota commented that to its knowledge, almost all EVs with RBS

have a neutral transmission position, and that the ``no neutral

transmission position'' criterion should be deleted from conditions

required for an RBS to be considered part of the service brake system.

Honda believed that the conditions under which RBS is considered

part of the service brake system should be modified to indicate that

the vehicle transmission may have no electrical or mechanical neutral

position. Honda is concerned that RBS may be designed such that any

torque from it is canceled when the shift lever is placed in neutral,

even though there is no mechanical disconnection between the drive

train and the motor.

NHTSA agrees with GM and Toyota that the lack of a neutral

transmission position need not be a condition for inclusion of RBS in

the service brake system, and is deleting it from the final rule. A

neutral transmission position need not have an effect on RBS because

the neutral position does not require that the drive line be

mechanically disconnected from the propulsion motor(s), as indicated by

Honda.

Honda requested that a distinction be made between a neutral

position that includes mechanical disconnection between the propulsion

battery(s) and the drive line and one that does not. NHTSA does not

believe that a definition for ``neutral'', as requested by Honda, is

needed. However, Notice 10 proposed that including RBS in the service

brake system requires that the selected position of the vehicle's

transmission have no effect on the RBS function.

NHTSA believes that RBS should operate in the same manner and under

the same conditions as the service brake system if it is to be included

as part of the service brake system. For example, the service brake

system is controlled by the service brake control only. If RBS is to be

included in the service brake system, it should also be controlled by

the service brake control only. Similarly, the service brake system is

operational in all transmission positions (gears) and RBS should also

be operational in all transmission gears, including neutral, if it is

to be considered part of the service brake system.

In view of the comments to Notice 10, NHTSA is modifying the

conditions under which RBS is considered part of the service brake

system. Accordingly, the final rule amending Standards No. 105

(S6.2.4(a)) and No. 135 (S5.1.3(a)) states that ``the RBS is considered

part of the service brake system if it is automatically activated by an

application of the service brake control, if there is no means provided

for the driver to disconnect or otherwise deactivate it, and it is

activated in all transmission positions, including neutral.''

B. RBS Braking Effects

Nissan believes the retardation capacity of some electric

propulsion motor(s) is insufficient to be characterized as braking.

Nissan requests that only RBS that demonstrate braking effects greater

than the transmission braking effects required in Standard No. 102,

Transmission shift lever sequence, starter interlock, and transmission

braking effect, be considered in Standards Nos. 105 and 135.

NHTSA does not believe RBS systems should be required to have at

least a two speed transmission, as would be required if the

transmission braking effects provisions of Standard No. 102 were added

to the braking standards. It is practical for an EV to perform with a

single gear ratio transmission. The agency believes that the Nissan

request would limit EV design unnecessarily. Therefore, it is taking no

action on this request.

C. ABS Control Over RBS

Proposed Paragraphs S5.5 of Standard No. 105 and S5.1.3 of Standard

No. 135 state that ``* * * for an EV that is equipped with both ABS and

RBS that is part of the service brake system, the ABS must control the

RBS''.

Chrysler cautioned that EV technology is still new and

manufacturers need more design flexibility in this area, and argued

that it is inappropriate for the agency to require that RBS be

controlled by ABS and that the agency should specify performance

requirements.

The purpose of the proposed requirement is to assure that RBS is

not operating while ABS is reducing the braking forces in the

foundation brake system. The added braking torque of the RBS under this

condition would be counter-productive and may cause vehicle

instability. NHTSA believes that the requirement is necessary for RBS

that is part of the service brake system since these systems cannot be

controlled by the driver. The requirement is adopted as proposed.

[[Page 46910]]

5. Issues Relating to Failure Indicators

A. Red ``BRAKE'' Warning Lamp as Signal of RBS Failure

Notice 10 proposed new paragraphs in Standards No. 105 (S5.3.1) and

No. 135 (S5.5.5) which would require that a red ``brake'' indicator

lamp be illuminated under various conditions including the three

following: ``(e) For a vehicle with electrically-actuated service

brakes, failure of the source of power to the brakes, or diminution of

the state of charge of the batteries to a level less than that

specified by the manufacturer for the purpose of warning a driver of

degraded brake performance, (f) For a vehicle with electric

transmission of the service brake control signal, failure of the brake

control circuit, and (g) For an EV with RBS that is part of the service

brake system, failure of the RBS.''

GM commented that failure of the RBS in all known EV brake systems

will not cause a significant reduction in overall braking performance.

Therefore, failure of the RBS should not result in the illumination of

a red telltale lamp since red telltales are used to indicate emergency

situations in which the vehicle needs immediate service. An amber

driver warning display such as the ABS telltale should be allowed in

the standards as an option to indicate an RBS failure whether or not

RBS is part of the service brake system.

According to Ford, failure of RBS will diminish an enhancement of

the braking system but will not result in substantially reduced braking

performance. The RBS on-board telltale need not be red, indicating the

need for immediate service, but an amber lamp, such as the ABS warning

indicator, should be an option.

According to GM and Ford, the foundation brake system on their EV

models is capable of meeting all braking performance requirements

without contribution from the RBS. As a result, GM and Ford believe

that a failure of the RBS system should not require the illumination of

a red ``Brake'' indicator.

Honda believes that manufacturers should be allowed to use an amber

indicator lamp instead of a red lamp when a failure occurs in the brake

control circuit of a vehicle with electric transmission of the service

brake control signal provided that the total braking force is not

impaired by the failure. It, too, agrees that, in the event of RBS

failure or failure of the electrical circuitry that controls the

hydraulic brake force, all braking would be done by the hydraulic

system with no loss of performance.

Honda further states that Standards Nos. 105 and 135 do not require

illumination of a red brake warning lamp when a brake power unit, power

assist unit, or an ABS failure occurs.

In Notice 10, the agency retained the proposed requirement for

illumination of an on-board, red ``Brake'' lamp to indicate failure of

these systems. Notice 10 proposed that the requirement for a red brake

lamp for RBS failures be limited to cases in which RBS is part of the

service brake system. This was a modification of Notice 7, which

required that failure of RBS systems that are part of the service brake

system and those that are not, be indicated by a red on-board brake

lamp.

The arguments made by commenters to Notice 10 stating that braking

performance is not substantially diminished by a failure of the RBS are

convincing. If RBS is part of the service brake system, it is active at

all times and is controlled by application of the service brake only.

The contribution of RBS to overall vehicle braking may be substantial

at times and this contribution is dependent on many factors including

the state of charge of the propulsion battery(s). NHTSA agrees with the

commenters that a failure of RBS will not affect the ability of the

foundation brakes to provide adequate brake performance under most

conditions. The agency also agrees with commenters that the loss of the

RBS braking contribution will not result in a safety hazard in an

emergency stop situation. The agency accepts the request by GM, Ford

and Honda to allow an optional amber (yellow) lamp to warn drivers of a

failed RBS system. NHTSA believes that illumination of the red

``brake'' warning signal would signify the need for immediate remedial

action by the driver, which is not warranted. The ``service soon''

message that is conveyed by an amber on-board telltale is sufficient

warning in the case of a failed RBS system that is part of the service

brake system.

NHTSA has not granted Honda's request that an amber lamp be allowed

which would indicate a failure in the electric brake control circuitry

of a brake system in which the brake control signal is transmitted

electrically from the service brake control to the foundation brakes

(paragraph S5.3.1(f) of Standard No. 105, and paragraph S5.5.1(f) of

Standard No. 135). The final rule allows the option of illuminating an

amber on-board lamp in the event of an RBS failure for cases in which

the RBS is part of the service brake system. However, an amber

indicator lamp will not be allowed as an option to replace a red

indicator to signal failure of the control circuit for vehicles with

electric transmission of the brake control signal. See the amended text

in the discussion under the heading that follows.

B. Common ABS/RBS Malfunction Indicator

Ford requests that the option be provided to group the RBS and ABS

malfunction modes with a common warning indicator because the two

systems share many of the same software and hardware components.

NHTSA agrees that a common ABS/RBS malfunction warning indicator

should be allowed for cases in which the RBS is part of the service

brake system. In these cases, ABS and RBS are required to communicate

(see proposed paragraph S5.5 of Standard No. 105) and are likely to

share many components, as indicated by Ford. Accordingly, paragraph

S5.3.1(g) of Standard No. 105, and paragraph S5.5.1(g) of Standard No.

135 are adopted to require an indicator to indicate failure of the RBS

and optional illumination under other circumstances: ``(g) For an EV

with RBS that is part of the service brake system, failure of the RBS.

An amber lamp may be used displaying the symbol `RBS'. RBS failure in a

system that is part of the service brake system may also be indicated

by an amber lamp that also indicates ABS failure and displays the

symbol `ABS/RBS'''.

6. Issues Related to Compliance Testing

A. Procedure for Determining Battery State of Charge

NHTSA proposed that the state of charge of the propulsion batteries

be determined in accordance with SAE J227a Electric Vehicle Test

Procedure, February 1976 (S6.2.1 of FMVSS No. 105, S6.3.11.1 of

Standard No. 135), specifically that the applicable sections of J227a

are 3.2.1 through 3.2.4, 3.3.1 through 3.3.2.2, 3.4.1 and 3.4.2, 4.2.1,

5.2, 5.2.1, and 5.3. There were no comments on this issue and the

proposal has been adopted.

B. Procedure for Recharging Batteries During Burnish

The burnish procedures (S7.4 of Standard No. 105 and S7.1 of

Standard No. 135) result in a maximum distance between each of the

burnish stops of 1.24 miles. The continuous acceleration and

deceleration of a burnish procedure could result in fairly extensive

battery depletion after approximately 40 stops. Therefore, NHTSA

proposed that the propulsion batteries be recharged after each

increment of 40 burnish stops until each burnish procedure is complete

(S6.2.2 of Standard No. 105 and

[[Page 46911]]

S6.3.11.2 of Standard No. 135). Charging at a more frequent interval

would be permitted if the vehicle were incapable of achieving the

initial burnish test speed during a 40-stop sequence. In addition, the

manufacturer would be permitted the option of recharging by external

means or by substituting other propulsion batteries at 95 per cent or

greater charge. This proposal was supported by the commenters, and is

adopted in the final rule. Notice 10 also proposed that, if an EV has a

manual control for setting the level of regenerative braking, at the

beginning of each burnish procedure the control would be set to provide

maximum regenerative braking throughout each burnish. There were no

comments on this proposal, and it is adopted.

In GM's view, the brake burnishing procedures proposed for S6.2.2

of Standard No. 105 are not clear with respect to the propulsion

battery state of charge at the beginning of the tests. GM recommended

that the final rule be consistent with the burnish procedures adopted

for Standard No. 135. GM is correct, and paragraph S6.2.2 as adopted

specifies that the state of charge of the propulsion battery(s) at the

beginning of each burnish procedure is not less than 95 percent of full

charge. This modification is also consistent with the burnishing

requirements and procedures adopted in Standard No. 135.

C. Procedure for Charging Batteries

Notice 10 proposed that each burnish procedure and each braking

test procedure be initiated with the EV's propulsion batteries at a

state of charge of not less than 95 percent. Paragraphs S6.2.2 and

S6.2.3 of Standard No. 105 and paragraph S6.3.11 of Standard No. 135

read in part as follows: ``At the beginning of each performance test in

the test sequence (S7.3, S7.5, S7.7 through S7.11, and S7.14 through

S7.19 of this standard), unless otherwise specified, an EV's propulsion

battery(s) are at a state or charge of not less than 95 percent (the

batteries may be charged by external means or replaced by batteries

that are at a state of charge of not less than 95 percent)''.

GM commented that the phrase ``or fully charged per the

manufacturer's recommended procedure'' should be added to the

specifications for charging EV batteries. In its view, adding the

phrase will avoid potential conflicts and ambiguities for cases in

which the EV charging system is not designed to charge the battery(s)

to 95 percent of capacity. According to GM, extreme high and low states

of charge should be avoided to maximize battery life expectancy. GM

believes the manufacturer's recommended procedure for charging

batteries may be especially important for hybrid vehicles with on-board

chargers since these battery(s) may be designed to operate in a narrow

state of charge range.

Chrysler stated that all its EVs are equipped with an on-board

battery management system that controls battery charging, discharging,

and overall performance. The EV brake testing requirements in the final

rule should specify that the manufacturer's recommended energy charging

and measuring procedures be utilized, if available.

NHTSA agrees that the manufacturer's procedures should be used for

charging the propulsion batteries for performance tests as well as

burnishing if such procedures are available.

The agency is changing the amendments proposed in Notice 10

requiring that battery(s) be at a state of charge of not less than 95

percent at the beginning of each test procedure. The state of charge

requirement is being expanded to allow the battery(s) to be charged in

accordance with procedures recommended by the vehicle manufacturer. If

a battery charging procedure or a state of charge measurement procedure

is permanently attached to the vehicle or published in the vehicle

operator's manual, the procedure will be utilized during brake testing.

If the manufacturer does not provide a procedure for charging the

propulsion battery(s), the procedure proposed in Notice 10 will be

utilized. Therefore, NHTSA is adopting paragraphs S6.2.2 and S6.2.3 of

Standard No. 105 and paragraph S6.3.11 of Standard No. 135 to read in

pertinent part as follows: ``* * * an EV's propulsion battery(s) are at

the maximum state of charge recommended by the manufacturer, as stated

in the vehicle operator's manual or on a label that is permanently

attached to the vehicle, or, if the manufacturer has made no

recommendation, at a state of charge of not less than 95 percent. If

battery(s) are replaced rather than re-charged, the replacement

battery(s) are charged and measured for state of charge in accordance

with these procedures.''

Chrysler is concerned that proposed paragraph S6.2.3 of Standard

No. 105 does not allow for charging during the test sequences listed

and that EVs may not be able to complete the tests without recharging.

Notice 10 did not propose procedures for re-charging during the

test sequences because NHTSA did not believe that such re-charging

would be necessary. However, the agency now realizes that the

propulsion battery(s) may be depleted such that the vehicle

automatically shuts-down, reaches a point at which it will not

accelerate, or the low state of charge lamp is illuminated (Standard

No. 105, proposed paragraph S5.3.1). If any of these conditions occur,

during a test sequence, the final rule permits the vehicle to be

accelerated to brake test speed by auxiliary means since some tests are

required to be conducted within a time limit that would preclude re-

charging or replacing the battery(s) with one that is fully charged.

Accordingly, paragraph S6.2.3 of Standard No. 105 and paragraph

S6.3.11.3 of Standard No. 135, as adopted, clarify this. Each states

that ``* * * No further charging of the propulsion batteries occurs

during any of the performance tests in the test sequence of this

standard. If the propulsion batteries are depleted during a test

sequence such that the vehicle reaches automatic shut-down, will not

accelerate, or the low state of charge brake warning lamp is

illuminated, the vehicle is to be accelerated to brake test speed by

auxiliary means until the test sequence is completed.''

By adopting this test condition, NHTSA intends that the batteries

be essentially at full charge at the beginning of each test sequence.

D. Testing in Gear as Opposed to Testing in Neutral

This issue involves testing EVs in which RBS is not part of the

service brake system. For such vehicles, Notice 10 proposed to amend

Standards Nos. 105 (S6.2.4(b)) and No. 135,(S6.3.13) to state that

``the RBS is operational and set to produce the maximum regenerative

braking effect during the burnish tests, and is disabled during the

test procedures.''

GM commented that the requirement that a RBS that is not part of

the service brake system be disabled for all tests other than

burnishing tests is in conflict with other test procedures. Some of the

test procedures in both Standards Nos. 105 and 135 require that the

vehicle be tested with the transmission in gear. If an EV has a RBS

that is not part of the service brake system and the RBS is designed to

operate when the transmission is in gear, the RBS would have to be

disconnected for the in-gear test procedures. GM recommends that the

standards state that the RBS need not be disabled for in-gear braking

if the RBS can be disabled only through ``tampering'' when the

transmission is in gear. GM notes that the number of tests affected is

relatively small and the

[[Page 46912]]

high state of charge required at the beginning of these tests will

result in a low level of regenerative braking.

Chrysler remarked that when internal combustion engine (ICE)

vehicles are tested in gear, they take advantage of the braking effects

of the engine and transmission. Chrysler believes that EVs should be

allowed to use their RBS for in-gear testing since it is analogous to

the engine and transmission braking effects in ICE vehicles.

In Nissan's opinion, RBS should be allowed to be operational during

the in-gear brake testing procedures, whether or not the RBS is part of

the service brake system.

Toyota believes that the heating snub test, proposed paragraph

S7.13 of Standard No. 135, should be conducted in the ``in-gear'' mode,

to be consistent with the burnishing tests and to conform with ICE

vehicle testing.

Finally, Honda commented that, since the proposed test conditions

in both standards require that the drive line be engaged during the

braking procedures, the ``in gear'' testing specification should be

changed to allow the option of testing in neutral for vehicles with RBS

that is activated when the transmission is in gear.

NHTSA agrees with GM that a requirement to conduct certain tests in

gear with the RBS disconnected would conflict with the design of many

EVs. For these designs, the RBS is activated when the vehicle is in

gear and deactivated in the neutral transmission position. For EVs in

which the RBS is not part of the service brake system, meeting the

proposed test conditions would, as previously written, require

``tampering'' with the RBS to disengage it while the vehicle is in

gear. If the RBS is disengaged when the transmission is in the neutral

position, these tests can be conducted in neutral, as suggested by

Honda. The agency disagrees with the GM statement that most of the test

procedures are conducted in neutral. While this is true for Standard

No. 135, there are a significant number of in-gear test procedures in

Standard No. 105.

NHTSA agrees with Chrysler that the RBS functions in much the same

manner in EVs as does the engine and transmission braking effect in ICE

vehicles. If the RBS is active, it provides vehicle deceleration forces

in a manner similar to the engine and transmission for an ICE vehicle.

However, if the RBS is not part of the service brake system, its use is

optional in most cases. There is no assurance when the RBS is not part

of the service brake system that it will be engaged or activated by the

driver at any given time. This is the primary reason Notice 10 proposed

that the test procedures be conducted with the RBS non-functional if

the RBS is not part of the service brake system.

NHTSA also disagrees with Toyota's recommendation that the heating

snub test in proposed paragraph S7.13 of Standard No. 135 be conducted

with the RBS engaged. The same reasoning applies in the case of heating

snubs, that is, if the RBS is not part of the service brake system, its

use will be optional in most cases, and there is no assurance when the

RBS is not part of the service brake system that it will be engaged or

activated by the driver at any given time.

NHTSA has decided that the requirements proposed in Notice 10 for

vehicles in which the RBS is not part of the service brake system need

to be modified to address in-gear testing. Thus, the final rule

requires that manufacturers render RBS inoperative, including placing

the transmission in the neutral position if the RBS is deactivated in

neutral, during testing under conditions that would otherwise require

the vehicle to be in gear.

Accordingly, paragraph S6.2.4(b) of Standard No. 105 and paragraph

S6.3.13 of Standard No. 135 are adopted to read as follows: ``For an EV

equipped with an RBS that is not part of the service brake system, the

RBS is operational and set to produce the maximum regenerative braking

effect during the burnish tests, and is disabled during the test

procedures. If the vehicle is equipped with a neutral position that

automatically disables the RBS, the test procedures which are

designated to be conducted in gear may be conducted in neutral.''

E. Testing at Low State of Charge

(i) Low state of charge measurement. With respect to state of

charge of the propulsion batteries, paragraph S6.2.6 proposed in Notice

10 in part that: ``A vehicle equipped with electrically-actuated

service brakes also performs the tests specified in S7.3, S7.5, S7.7

through S7.11, and S7.13 through S7.19 of this standard with the

batteries providing power to those electrically-actuated brakes, at the

beginning of each test, in a depleted state of charge for condition

(a), (b), or (c) of this paragraph as appropriate.'' Proposed paragraph

S6.3.12 of Standard No. 135 was similar. Paragraphs S6.2.6(a) and

S6.2.6(b) of Standard No. 105 would require that propulsion battery(s)

used to power electrically-actuated service brakes be at a state of

charge that is not more than two percent and not less than one percent

above the state of charge that would shut down the propulsion system or

activate the brake failure warning lamp. Paragraph S6.2.6(c) of

Standard No. 105 would require that auxiliary battery(s) that are used

to power electrically-actuated service brakes be at a state of charge

that is not more than two percent and not less than one percent above

the state of charge that would activate the brake failure warning lamp.

Toyota, GM, and Nissan commented on the conditions and procedures

proposed in Notice 10 for paragraphs S6.2.6 (a) and (b) of Standard No.

105 in which the propulsion battery(s) are used to power electrically-

actuated service brakes. These commenters recommended that the test

conditions be modified to reduce the burden of the state of charge

measurement technique. The commenters argued that, with current

technology, it would be extremely difficult for many test facilities to

measure the state of charge with one or two percent accuracy. These

commenters recommended that the agency adopt a five percent initial

battery(s) state of charge for testing under S6.2.6 of Standard No. 105

and S6.3.12 of Standard No. 135.

Based on these comments, NHTSA believes that the one to two percent

state of charge range proposed as the initial test condition for the

propulsion and auxiliary battery(s) used in low state of charge tests

would be difficult to measure. A five percent state of charge would not

appreciably change the stringency of the requirements, but would

substantially reduce the state of charge measurement burden.

For these reasons, Standard No. 135 (S6.3.12(c)), as adopted, will

state that ``* * * the auxiliary battery(s) is at not more than five

percent above the actual state of charge at which the brake failure

warning signal, required by S5.5.1(e) of this standard, is

illuminated.'' The propulsion battery(s) referenced in S6.3.12 (a) and

(b) of Standard No. 135 will also be charged to not more than five

percent above the state of charge that would cause shut down or

illumination of the brake failure warning lamp. The auxiliary

battery(s) in paragraph S6.2.6(c) of Standard No. 105, and the

propulsion battery(s) in paragraphs S6.2.6 (a), and (b), will be

charged to not more than five percent above the state of charge that

would illuminate the brake system indicator lamp as required in

S5.3.1(e), or the state of charge that would result in automatic shut-

down of the propulsion system.

(ii) Low State of charge testing. The agency proposed in Notice 10

that EVs with electrically actuated service brakes be required to

complete a series of brake performance tests with the battery(s) at

[[Page 46913]]

a low state of charge. With respect to the state of charge of

propulsion batteries, paragraph S6.2.6 of Standard No. 105 proposed in

part that: ``A vehicle equipped with electrically-actuated service

brakes also performs the tests specified in S7.3, S7.5, S7.7, through

S7.11, and S7.13 through S7.19 of this standard with the battery(s)

providing power to those electrically-actuated brakes, at the beginning

of each test, in a depleted state of charge for condition (a), (b), or

(c) of this paragraph as appropriate.'' To the same effect was proposed

paragraph S6.3.12 of Standard No. 135.

The agency argued that a vehicle that can be operated should be

able to perform a full series of brake tests. The agency further stated

that the purpose of the test series is to assure that a vehicle will

operate properly if any one of the test conditions occur during

operation.

GM, in its comments to Notice 10, continued to express the concern

it expressed in response to Notice 7. That is, the requirement for a

full series of tests under depleted battery(s) conditions is

unreasonable and unnecessary. All commenters responding to Notice 7

indicated that it was unreasonable and unnecessary to subject an EV to

a complete brake test series with depleted battery(s). They indicated

that a vehicle with a low state of charge in the propulsion battery(s)

could be expected to perform a low number of accelerations prior to

becoming immobile. The commenters argued that it was unreasonable to

require braking capacity that far exceeds propulsion capacity.

After further consideration, the agency agrees that a full series

of tests is not necessary because it is very unlikely that a vehicle

with a low state of charge would require the braking capacity needed to

perform an entire brake test series under either Standard No. 105 or

Standard No. 135. NHTSA also believes that current propulsion

battery(s) would need substantial redesign to comply with the proposed

requirements.

GM requested that the agency reconsider the procedure for a

dedicated low charge braking test that the company had recommended in

its comments to Notice 7.

The agency feels that an abbreviated braking test procedure similar

to the one recommended by GM in its comments to Notice 7 is

appropriate, and that it is sufficient for an EV with electrically-

actuated service brakes to demonstrate braking power while it can still

be accelerated.

GM also indicated that the recharging procedures for these tests

needed clarification. The proposed test procedure for low battery(s)

state of charge testing specified in Notice 10 does not allow for

recharging, but states that a vehicle may be accelerated to test speed

by auxiliary means. The test procedures adopted in the final rule do

not allow for recharging of the battery(s) that provide power for

electrically-actuated service brakes. An auxiliary means is to be

provided as necessary to accelerate the vehicle to test speed, as

proposed in Notice 10.

The agency is specifying that an abbreviated low state of charge

braking performance test series be conducted on EVs utilizing

electrically-actuated service brakes. In addition, S6.2.6 of Standard

No. 105 and S6.3.12 of Standard No. 135 are adopted to read: ``A

vehicle equipped with electrically-actuated service brakes also

performs the following test series. Conduct 10 stopping tests from a

speed of 100 kph or the maximum vehicle speed, whichever is less. At

least two of the 10 stopping distances must be less than or equal to 70

meters. The vehicle is to be loaded to GVWR for these tests and the

transmission shall be in the neutral position when the service brake

control is actuated and throughout the remainder of the test. The

battery(s) providing power to those electrically-actuated service

brakes, at the beginning of each test, shall be in a depleted state of

charge for conditions (a), (b), or (c) of this paragraph as

appropriate. An auxiliary means may be used to accelerate an EV to test

speed.''

Nissan believed that it is not technically feasible to detect state

of charge of an auxiliary battery and recommends that the agency delete

the low state of charge performance tests for vehicles with auxiliary

batteries that provide power for vacuum boosters and hydraulic pumps

(electrically-actuated brakes).

Nissan believes that actual fluid pressure or vacuum should be

monitored instead of the state of charge of an auxiliary battery in

vehicles which have electrically-actuated service brakes. Notice 10 did

not propose that auxiliary battery(s) that are used to power hydraulic

pumps or vacuum motors be monitored for state of charge. The proposed

requirement applies to auxiliary battery(s) that power electrically-

actuated service brakes, brakes in which the brake control signal is

electrically transmitted from the brake control unit to the foundation

brakes, and RBS that is part of the service brake system. Auxiliary

battery(s) that power hydraulic pumps and vacuum motors are not

included under the proposed requirement for state of charge monitoring.

No action is taken in response to this comment.

7. Issues Related to Test Conditions

A. Initial Brake Temperature (IBT)

HQ believes that its braking system will not achieve the IBT

required in section S7 Road test procedures and performance

requirements of Standard No. 135 for the foundation or friction brakes

when the heating tests are conducted because a large percentage of the

braking forces are supplied by dynamic (dissipative) braking. HQ

suggests that the IBT condition be made optional for EVs as well as the

test sequence S7.13-S7.16 because the HQ dynamic braking system will

develop low temperatures in the friction brake system components.

NHTSA agrees that the dynamic braking forces (RBS-type) of the HQ

braking system could result in low brake temperatures for the

foundation friction brakes. Neither Standard No. 105 nor Standard No.

135 specify procedures for establishing the IBT for those test

procedures that require an initial brake temperature. The agency

believes that the IBT condition can be met if several stops are

performed with the RBS disabled or disengaged, and that disabling or

disengaging the RBS system would not be impracticable. The agency also

believes that the hot performance and recovery performance tests in

paragraphs S7.13 through S7.16 of Standard No. 135 are an extremely

important phase of the overall brake testing and that all vehicles with

friction brakes should perform these tests. Thus, it has made no

modifications in adopting the IBT condition as proposed.

B. Static Parking Brake Test

Proposed S7.7.1.3 in Standard No. 105 and S7.12.2(o) in Standard

No. 135 would add language to clarify the means for activating electric

parking brakes, to state ``[f]or vehicles with electrically activated

parking brakes, apply the parking brakes by activating the parking

brake control.'' NHTSA has adopted the proposed change.

C. Stops With Engine Off (Standard No. 135)

HQ believes that the vehicle engine off condition for brake testing

(S7.7.2(a)) represents engine stalling for internal combustion engine

vehicles and has no direct equivalent for EVs. However, the

specification that the test is conducted with ``no electromotive

force'' applied to the motor(s) proposed in paragraph S7.7.3(h) of

Standard No. 135 is intended to serve the same purpose for

[[Page 46914]]

EVs as testing ICE vehicles with the engine off.

Nevertheless, HQ believes that the term needs further explanation

since it is not clear whether regenerative braking using the electric

motor(s) is allowed under S7.7.3(h). The proposed conditions of

S7.7.3(h) for EVs during tests that are analogous to ICE vehicle tests

with the engine off specify that the electric propulsion motor(s) not

be supplied with any electromotive force, or be switched-off. The RBS

is not allowed to operate under these test conditions. No amendment of

the proposal is required, and S7.7.3(h) is adopted as proposed.

8. International Harmonization

The European Community has not finalized braking standards for EVs

to date, and the conditions and procedures for EV testing specified in

this final rule may be adopted by the Europeans.

NHTSA has been recently provided a current copy of draft Regulation

13-H (R13-H), the European version of the harmonized brake standard for

light passenger vehicles. The draft was reviewed with respect to EV

braking conditions and requirements to determine if they are compatible

with the EV brake test conditions and requirements in this final rule.

In general, EV brake system design and performance requirements in

Standard No. 135 and R13-H are similar. For example, both rules account

for RBS and both rules distinguish RBS that is part of the service

brake system from RBS that is not. At this time, NHTSA does not

anticipate that harmonization of the brake standards will be more

difficult for EVs than for conventional vehicles.

In general, R13-H has specified more EV test procedures and

conditions than the agency has specified in Standard No. 135 as amended

by this final rule since the Europeans have more EV experience at this

time. The R-13H draft does not, however, address EV recharging during

testing or electrically-actuated service brakes for passenger cars. As

NHTSA's experience increases, it may propose adding specific EV test

procedures and conditions to the adhesion utilization requirements and

other areas of performance.

Whatever future actions NHTSA takes in this area, it will discuss

requirements for EV brake systems with braking experts from other

nations. It should be possible for all regulatory authorities to reach

a consistent harmonized approach when dealing with an emerging

technology like EV brake systems.

The reader will find that provisions of this final rule not

discussed by this notice are substantially the same as those proposed

by Notice 10.

Effective Dates (Lead Time)

Notice 10 proposed that EV amendments to Standards Nos. 105 and 135

become effective 30 days after publication of the final rule.

Chrysler and Ford stated that one year after publication of the

final rule would be preferable; if the standard is further amended,

more lead time may be required for compliance to make necessary design

modifications. However, an early effective date was supported by GM

which wishes to certify its EV-1 passenger car to electric vehicle

braking requirements at the earliest possible date.

NHTSA believes that the final rule is written in such a manner as

to accommodate most present EV brake system designs without extensive

modifications. But it is sensitive to the comments by Ford and Chrysler

that each may need up to one year for leadtime, should they deem it

necessary to modify their current EV braking system designs to meet the

standards promulgated by this document.

To accommodate all commenters on this issue, NHTSA is adopting an

early effective date for the electric brake amendments with mandatory

compliance after one year. The amendments to Standard No. 105, which do

not change the present requirements relating to hydraulic brake

systems, will become effective 45 days after their publication.

However, manufacturers of passenger cars, multipurpose passenger

vehicles, trucks, and buses, with electric brake systems, need not

comply until September 1, 1998. Manufacturers of passenger cars with

hydraulic brake systems already have the option of meeting Standard No.

105 until September 1, 2000, and this same option is being afforded

passenger cars with electric brake systems, under companion amendments

to both Standards Nos. 105 and 135. To accomplish this, Section S3

Application of Standard No. 105 is being amended to read as follows:

``S3 Application

(a) This standard applies to the following vehicles with hydraulic

or electric brake systems: multipurpose passenger vehicles, trucks, and

buses, and to passenger cars manufactured before September 1, 2000.

(b) This standard, at the option of a manufacturer of a passenger

car, multipurpose passenger vehicle, truck, or bus, with an electric

brake system, does not apply before September 1, 1998.

(c) At the option of the manufacturer, passenger cars with

hydraulic or electric brake systems manufactured before September 1,

2000, may comply with the requirements of Federal Motor Vehicle Safety

Standard No. 135, Passenger Car Brake Systems, instead of the

requirements of this standard.''

Compliance with Standard No. 135 is not mandatory until September

1, 2000, although manufacturers of passenger cars with hydraulic brake

systems have the present option of complying with it as an alternative

to Standard No. 105. The amendments made by this document do not affect

the hydraulic brake requirements, but add requirements applicable to

electric vehicle brakes and are incorporated into it effective 45 days

after publication. The application section of Standard No. 135 is being

amended to read:

``S3 Application. This standard applies to passenger cars

manufactured on or after September 1, 2000. In addition, passenger

cars manufactured before September 1, 2000 may, at the option of the

manufacturer, meet the requirements of this standard instead of

Federal Motor Vehicle Safety Standard No. 105 Hydraulic and Electric

Brake Systems.''

In summary, passenger cars, multipurpose passenger vehicles,

trucks, and buses, with electric brake systems need not comply with

Standard No. 105 until September 1, 1998, and may comply before then.

But all these vehicles must comply with Standard No. 105 on and after

September 1, 1998. Alternatively, passenger cars with electric brake

systems may comply with Standard No. 135 at any time before September

1, 2000, but otherwise must meet Standard No. 105 as of September 1,

1998, and Standard No. 135 as of September 1, 2000.

Because of the wish of some manufacturers to offer and certify

complying vehicles with electric brake systems at an early date, and

because the amendments do not affect existing requirements for vehicles

with hydraulic brake systems, it is hereby found that an effective date

earlier than 180 days after issuance of the amendments is in the public

interest. Accordingly, the amendments are effective October 20, 1997.

Regulatory Analysis

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

This rulemaking has not been reviewed under Executive Order 12866.

NHTSA has considered the economic implications of this regulation and

determined that it is not significant within the meaning of the DOT

[[Page 46915]]

Regulatory Policies and Procedure. It does not initiate a substantial

regulatory program or involve a change in policy.

Regulatory Flexibility Act

The agency has also considered the effects of this rulemaking

action in relation to the Regulatory Flexibility Act. I certify that

this rulemaking action will not have a significant economic effect upon

a substantial number of small entities. Motor vehicle manufacturers are

generally not small businesses within the meaning of the Regulatory

Flexibility Act. Accordingly, no Regulatory Flexibility Analysis has

been prepared.

Executive Order 12612 (Federalism)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612 on ``Federalism.'' It has

been determined that the rulemaking action does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

National Environmental Policy Act

NHTSA has analyzed this rulemaking action for purposes of the

National Environmental Policy Act. The rulemaking action will not have

a significant effect upon the environment. There is no environmental

impact associated with adaptation of test procedures to make them more

appropriate for vehicles already required to comply with the Federal

motor vehicle safety standards. The rulemaking action would not have a

direct effect. However, to the extent that this rulemaking might

facilitate the introduction of EVs which are powered by an electric

motor drawing current from rechargeable storage batteries, fuel cells,

or other portable sources of electric current, and which may include a

nonelectrical source of power designed to charge batteries and

components thereof, the rulemaking would have a beneficial effect upon

the environment and reduce fuel consumption because EVs emit no

hydrocarbon emissions and do not depend directly upon fossil fuels to

propel them.

Executive Order 12778 (Civil Justice Reform)

This rule will not have any retroactive effect. Under 49 U.S.C.

30103, whenever a Federal motor vehicle safety standard is in effect, a

state may not adopt or maintain a safety standard applicable to the

same aspect of performance which is not identical to the Federal

standard. Section 30161 of Title 49 sets forth a procedure for judicial

review of final rules establishing, amending or revoking Federal motor

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

petition for reconsideration or other administrative proceedings before

parties may file suit in court.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor vehicles

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

In consideration of the foregoing, 49 CFR part 571 is amended as

follows:

1. The authority citation for Part 571 continues to read as

follows:

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

of authority at 49 CFR 1.50.

Sec. 571.105 [Amended]

2. Section 571.105 is amended by:

a. Revising its heading;

b. Revising S1, S3, the definitions of ``backup system'' and

``split service brake system'' in S4 and adding to S4, in alphabetical

order, definitions of ``Electric vehicle or EV'', ``Electrically-

actuated service brakes'', and ``Regenerative braking system or RBS'';

c. Amending S5.1.1.4 to add a sentence at the end thereof below the

undesignated table;

d. Adding S5.1.2.3, S5.1.2.4, and S5.1.3.5;

e . Revising the introductory text of S5.3.1 and adding S5.3.1 (e),

(f), and (g);

f. Revising the introductory text of S5.3.5(c)(1) and S5.4.3;

g. Withdrawing the revision of S5.5 and additions of S5.5.1 and

S5.5.2 published at 60 FR 13256, Mar. 10, 1995, and the revision of

S5.5.1 published at 60 FR 63979, Dec. 13, 1995 that were to become

effective March 1, 1999, and revising S5.5 as currently in effect and

adding S5.5.1 and S5.5.2;

h. Adding S6.2 through S6.2.6;

i. Revising the introductory text of S7.7.1.3 and adding

S7.7.1.3(c);

j. Adding S7.9.5 and S7.9.6; and

k. Adding S7.10.3

The revised and added heading and paragraphs read as follows:

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

S1. Scope. This standard specifies requirements for hydraulic and

electric service brake systems, and associated parking brake systems.

* * * * *

S3. Application.

(a) This standard applies to the following vehicles with hydraulic

or electric brake systems: multipurpose passenger vehicles, trucks, and

buses, and to passenger cars manufactured before September 1, 2000.

(b) This standard, at the option of a manufacturer of a passenger

car, multipurpose passenger vehicle, truck, or bus, with an electric

brake system, does not apply before September 1, 1998.

(c) At the option of the manufacturer, passenger cars with

hydraulic or electric brake systems manufactured before September 1,

2000, may comply with the requirements of Federal Motor Vehicle Safety

Standard No. 135, Passenger Car Brake Systems, instead of the

requirements of this standard.

S4. Definitions.

* * * * *

Backup system means a portion of a service brake system, such as a

pump, that automatically supplies energy, in the event of a primary

brake power source failure.

* * * * *

Electric vehicle or EV means a motor vehicle that is powered by an

electric motor drawing current from rechargeable storage batteries,

fuel cells, or other portable sources of electrical current, and which

may include a non-electrical source of power designed to charge

batteries and components thereof.

Electrically-actuated service brakes means service brakes that

utilize electrical energy to actuate the foundation brakes.

* * * * *

Regenerative braking system or RBS means an electrical energy

system that is installed in an EV for recovering or dissipating kinetic

energy, and which uses the propulsion motor(s) as a retarder for

partial braking of the EV while returning electrical energy to the

propulsion batteries or dissipating electrical energy.

* * * * *

Split service brake system means a brake system consisting of two

or more subsystems actuated by a single control, designed so that a

single failure in any subsystem (such as a leakage-type failure of a

pressure component of a hydraulic subsystem except structural failure

of a housing that is common to two or more subsystems, or an electrical

failure in an electric subsystem) does not impair the operation of any

other subsystem.

* * * * *

S5.1.1.4 * * * For an EV, the speed attainable in 2 miles is

determined with the propulsion batteries at a state of charge of not

less than 95 percent at the beginning of the run.

S5.1.2 Partial failure.

* * * * *

[[Page 46916]]

S5.1.2.3 For a vehicle manufactured with a service brake system in

which the brake signal is transmitted electrically between the brake

pedal and some or all of the foundation brakes, regardless of the means

of actuation of the foundation brakes, the vehicle shall be capable of

stopping from 60 mph within the corresponding distance specified in

Column IV of Table II with any single failure in any circuit that

electrically transmits the brake signal, and with all other systems

intact.

S5.1.2.4 For an EV manufactured with a service brake system that

incorporates RBS, the vehicle shall be capable of stopping from 60 mph

within the corresponding distance specified in Column IV of Table II

with any single failure in the RBS, and with all other systems intact.

* * * * *

S5.1.3.5 Electric brakes. Each vehicle with electrically-actuated

service brakes (brake power unit) shall comply with the requirements of

S5.1.3.1 with any single electrical failure in the electrically-

actuated service brakes and all other systems intact.

* * * * *

S5.3 Brake system indicator lamp. * * *

S5.3.1 An indicator lamp shall be activated when the ignition

(start) switch is in the ``on'' (``run'') position and whenever any of

the conditions (a) or (b), (c), (d), (e), (f), and (g) occur:

* * * * *

(e) For a vehicle with electrically-actuated service brakes,

failure of the source of electric power to the brakes, or diminution of

state of charge of the batteries to less than a level specified by the

manufacturer for the purpose of warning a driver of degraded brake

performance.

(f) For a vehicle with electric transmission of the service brake

control signal, failure of a brake control circuit.

(g) For an EV with RBS that is part of the service brake system,

failure of the RBS. An amber lamp may be used displaying the symbol

``RBS.'' RBS failure in a system that is part of the service brake

system may also be indicated by an amber lamp that also indicates ABS

failure and displays the symbol ``ABS/RBS''.

* * * * *

S5.3.5 * * *

(c)(1) If separate indicators are used for one or more of the

conditions described in S5.3.1(a) through S5.3.1(g) of this standard,

the indicator display shall include the word ``Brake'' and appropriate

additional labeling, except as provided in (c)(1) (A) through (D) of

this paragraph.

* * * * *

S5.4.3 Reservoir labeling--Each vehicle equipped with hydraulic

brakes shall have a brake fluid warning statement that reads as

follows, in letters at least one-eighth of an inch high: ``WARNING,

Clean filler cap before removing. Use only ______ fluid from a sealed

container.'' (Inserting the recommended type of brake fluid as

specified in 49 CFR 571.116, e.g., ``DOT 3''). The lettering shall be--

* * *

S5.5 Antilock and variable proportioning brake systems.

S5.5.1 On and after March 1, 1999, each vehicle with a GVWR greater

than 10,000 pounds, except for any vehicle that has a speed attainable

in 2 miles of not more than 33 mph, shall be equipped with an antilock

brake system that directly controls the wheels of at least one front

axle and the wheels of at least one rear axle of the vehicle. On and

after March 1, 1999, on each vehicle with a GVWR greater than 10,000

pounds but not greater than 12,000 pounds, the antilock brake system

may also directly control the wheels of the drive axle by means of a

single sensor in the drive line. Wheels on other axles of the vehicle

may be indirectly controlled by the antilock brake system.

S5.5.2 In the event of any failure (structural or functional) in an

antilock or variable proportioning brake system, the vehicle shall be

capable of meeting the stopping distance requirements specified in

S5.1.2 for service brake system partial failure. For an EV that is

equipped with both ABS and RBS that is part of the service brake

system, the ABS must control the RBS.

* * * * *

S6.2 Electric vehicles and electric brakes.

S6.2.1 The state of charge of the propulsion batteries is

determined in accordance with SAE Recommended Practice J227a, Electric

Vehicle Test Procedure, February 1976. The applicable sections of J227a

are 3.2.1 through 3.2.4, 3.3.1 through 3.3.2.2, 3.4.1 and 3.4.2, 4.2.1,

5.2, 5.2.1, and 5.3.

S6.2.2 At the beginning of the first effectiveness test specified

in S7.3, and at the beginning of each burnishing procedure, each EV's

propulsion battery is at the maximum state of charge recommended by the

manufacturer, as stated in the vehicle operator's manual or on a label

that is permanently attached to the vehicle, or, if the manufacturer

has made no recommendation, at a state of charge of not less than 95

percent. If a battery is replaced rather than recharged, the

replacement battery is to be charged and measured for state of charge

in accordance with these procedures. During each burnish procedure,

each propulsion battery is restored to the recommended state of charge

or a state of charge of not less than 95 percent after each increment

of 40 burnish stops until each burnish procedure is complete. The

batteries may be charged at a more frequent interval if, during a

particular 40-stop increment, the EV is incapable of achieving the

initial burnish test speed. During each burnish procedure, the

propulsion batteries may be charged by an external means or replaced by

batteries that are charged to the state of charge recommended by the

manufacturer or a state of charge of not less than 95 percent. For EVs

having a manual control for setting the level of regenerative braking,

the manual control, at the beginning of each burnish procedure, is set

to provide maximum regenerative braking throughout the burnish.

S6.2.3 At the beginning of each performance test in the test

sequence (S7,3, S7.5, S7.7 through S7.11, and S7.13 through S7.19 of

this standard), unless otherwise specified, each propulsion battery of

an EV is at the maximum state of charge recommended by the

manufacturer, as stated in the vehicle operator's manual or on a label

that is permanently attached to the vehicle, or, if the manufacturer

has made no recommendation, at a state of charge of not less than 95

percent. If batteries are replaced rather than recharged, each

replacement battery shall be charged and measured for state of charge

in accordance with these procedures. No further charging of any

propulsion battery occurs during any of the performance tests in the

test sequence of this standard. If the propulsion batteries are

depleted during a test sequence such that the vehicle reaches automatic

shut-down, will not accelerate, or the low state of charge warning lamp

is illuminated, the vehicle is to be accelerated to brake test speed by

auxiliary means.

S6.2.4 (a) For an EV equipped with RBS, the RBS is considered to be

part of the service brake system if it is automatically controlled by

an application of the service brake control, if there is no means

provided for the driver to disconnect or otherwise deactivate it, and

if it is activated in all transmission positions, including neutral.

The RBS is operational during all burnishes and all tests, except for

the test of a failed RBS.

(b) For an EV equipped with an RBS that is not part of the service

brake system, the RBS is operational and set

[[Page 46917]]

to produce the maximum regenerative braking effect during the

burnishes, and is disabled during the test procedures. If the vehicle

is equipped with a neutral gear that automatically disables the RBS,

the test procedures which are designated to be conducted in gear may be

conducted in neutral.

S6.2.5 For tests conducted ``in neutral,'' the operator of an EV

with no ``neutral'' position (or other means such as a clutch for

disconnecting the drive train from the propulsion motor(s)) does not

apply any electromotive force to the propulsion motor(s). Any

electromotive force that is applied to the propulsion motor(s)

automatically remains in effect unless otherwise specified by the test

procedure.

S6.2.6 A vehicle equipped with electrically-actuated service

brakes also performs the following test series. Conduct 10 stopping

tests from a speed of 100 kph or the maximum vehicle speed, whichever

is less. At least two of the 10 stopping distances must be less than or

equal to 70 meters. The vehicle is loaded to GVWR for these tests and

the transmission is in the neutral position when the service brake

control is actuated and throughout the remainder of the test. The

battery or batteries providing power to those electrically-actuated

brakes, at the beginning of each test, shall be in a depleted state of

charge for conditions (a), (b), or (c) of this paragraph as

appropriate. An auxiliary means may be used to accelerate an EV to test

speed.

(a) For an EV equipped with electrically-actuated service brakes

deriving power from the propulsion batteries, and with automatic shut-

down capability of the propulsion motor(s), the propulsion batteries

are at not more than five percent above the EV actual automatic shut-

down critical value. The critical value is determined by measuring the

state-of-charge of each propulsion battery at the instant that

automatic shut-down occurs and averaging the states-of-charge recorded.

(b) For an EV equipped with electrically-actuated service brakes

deriving power from the propulsion batteries, and with no automatic

shut-down capability of the propulsion motor(s), the propulsion

batteries are at an average of not more than five percent above the

actual state of charge at which the brake failure warning signal,

required by S5.3.1(e) of this standard, is illuminated.

(c) For a vehicle which has an auxiliary battery (or batteries)

that provides electrical energy to operate the electrically-actuated

service brakes, the auxiliary battery(batteries) is (are) at (at an

average of) not more than five percent above the actual state of charge

at which the brake failure warning signal, required by S5.3.1(e) of

this standard, is illuminated.

* * * * *

S7.7.1 Test procedure for requirements of S5.2.1.

* * * * *

S7.7.1.3 With the vehicle held stationary by means of the service

brake control, apply the parking brake by a single application of the

force specified in (a), (b), or (c) of this paragraph, except that a

series of applications to achieve the specified force may be made in

the case of a parking brake system design that does not allow the

application of the specified force in a single application:

* * * * *

(c) For a vehicle using an electrically-activated parking brake,

apply the parking brake by activating the parking brake control.

* * * * *

S7.9 Service brake system test--partial failure.

* * * * *

S7.9.5 For a vehicle in which the brake signal is transmitted

electrically between the brake pedal and some or all of the foundation

brakes, regardless of the means of actuation of the foundation brakes,

the tests in S7.9.1 through S7.9.3 of this standard are conducted by

inducing any single failure in any circuit that electrically transmits

the brake signal, and all other systems intact. Determine whether the

brake system indicator lamp is activated when the failure is induced.

S7.9.6 For an EV with RBS that is part of the service brake

system, the tests specified in S7.9.1 through S7.9.3 are conducted with

the RBS disconnected and all other systems intact. Determine whether

the brake system indicator lamp is activated when the RBS is

disconnected.

* * * * *

S7.10 Service brake system-inoperative brake power unit or brake

power assist unit test. (For vehicles equipped with brake power unit or

brake power assist unit.)

* * * * *

S7.10.3 Electric brakes.

(a) For vehicles with electrically-actuated service brakes, the

tests in S7.10.1 or S7.10.2 are conducted with any single electrical

failure in the electric brake system instead of the brake power or

brake power assist systems, and all other systems intact.

(b) For EVs with RBS that is part of the service brake system, the

tests in S7.10.1 or S7.10.2 are conducted with the RBS discontinued and

all other systems intact.

3. Section 571.135 is amended by:

a. Revising S3;

b. Revising the definitions of ``maximum speed'', and ``split

service brake system'' in S4, and adding in S4, in alphabetical order,

definitions for ``Electric vehicle'', ``Electrically-actuated service

brakes'', and ``Regenerative braking system'';

c. Adding S5.1.3;

d. Revising the introductory text of S5.4.3 and S5.5.1 and adding

S5.5.1 (e),(f), and (g);

e. Revising the introductory text of S5.5.5(d);

f. Adding S6.3.11.1, S6.3.11.2, S6.3.11.3, S6.3.12, and S6.3.13;

g. Adding S7.2.4(f), S7.4.5.1, and S7.7.3(h)

h. Revising S7.10, S7.10.3(f), and S7.10.4;

i. Adding S7.11.3 (m) and (n); and

j. Revising S7.12.2(i).

The revised and added paragraphs read as follows:

Sec. 571.135 Standard No. 135; Passenger Car Brake Systems.

* * * * *

S3 Application. This standard applies to passenger cars

manufactured on or after September 1, 2000. In addition, passenger cars

manufactured before September 1, 2000 may, at the option of the

manufacturer, meet the requirements of this standard instead of Federal

Motor Vehicle Safety Standard No. 105 Hydraulic and Electric Brake

Systems.

S4. Definitions.

* * * * *

Electric vehicle or EV means a motor vehicle that is powered by an

electric motor drawing current from rechargeable storage batteries,

fuel cells, or other portable sources of electrical current, and which

may include a non-electrical source of power designed to charge

batteries and components thereof.

Electrically-actuated service brakes means service brakes that

utilize electrical energy to actuate the foundation brakes.

* * * * *

Maximum speed of a vehicle or VMax means the highest speed

attainable by accelerating at a maximum rate from a standing start for

a distance of 3.2 km (2 miles) on a level surface, with the vehicle at

its lightly loaded vehicle weight, and, if an EV, with the propulsion

batteries at a state of charge of not less than 95 percent at the

beginning of the run.

* * * * *

[[Page 46918]]

Regenerative braking system or RBS means an electrical energy

system that is installed in an EV for recovering or dissipating kinetic

energy, and which uses the propulsion motor(s) as a retarder for

partial braking of the EV while returning electrical energy to the

propulsion battery(s) or dissipating electrical energy.

Split service brake system means a brake system consisting of two

or more subsystems actuated by a single control, designed so that a

single failure in any subsystem (such as a leakage-type failure of a

pressure component of a hydraulic subsystem except structural failure

of a housing that is common to two or more subsystems, or an electrical

failure in an electric subsystem) does not impair the operation of any

other subsystem.

* * * * *

S5.1.3 Regenerative braking system. (a) For an EV equipped with

RBS, the RBS is considered to be part of the service brake system if it

is automatically activated by an application of the service brake

control, if there is no means provided for the driver to disconnect or

otherwise deactivate it, and if it is activated in all transmission

positions, including neutral.

(b) For an EV that is equipped with both ABS and RBS that is part

of the service brake system, the ABS must control the RBS.

* * * * *

S5.4.3. Reservoir labeling. Each vehicle equipped with hydraulic

brakes shall have a brake fluid warning statement that reads as

follows, in letters at least 3.2 mm (\1/8\ inch) high: ``WARNING: Clean

filler cap before removing. Use only ______ fluid from a sealed

container.'' (Inserting the recommended type of brake fluid as

specified in 49 CFR 571.116, e.g.,``DOT 3.'') The lettering shall be:

* * * * *

S5.5.1. Activation. An indicator shall be activated when the

ignition (start) switch is in the ``on'' (``run'') position and

whenever any of conditions (a) through (g) occur:

* * * * *

(e) For a vehicle with electrically-actuated service brakes,

failure of the source of electric power to those brakes, or diminution

of state of charge of the batteries to less than a level specified by

the manufacturer for the purpose of warning a driver of degraded brake

performance.

(f) For a vehicle with electric transmission of the service brake

control signal, failure of a brake control circuit.

(g) For an EV with a regenerative braking system that is part of

the service brake system, failure of the RBS. An amber lamp may be used

displaying the symbol ``RBS.'' RBS failure in a system that is part of

the service brake system may also be indicated by an amber lamp that

also indicates ABS failure and displays the symbol ``ABS/RBS''.

* * * * *

S5.5.5. Labeling.

* * * * *

(d) If separate indicators are used for one or more of the

conditions described in S5.5.1(a) through S5.5.1(g), the indicators

shall display the following wording:

* * * * *

S6.3.11 State of charge of batteries for EVs.

S6.3.11.1 The state of charge of the propulsion batteries is

determined in accordance with SAE Recommended Practice J227a, Electric

Vehicle Test Procedure, February 1976. The applicable sections of J227a

are 3.2.1 through 3.2.4, 3.3.1 through 3.3.2.2, 3.4.1 and 3.4.2, 4.2.1,

5.2, 5.2.1 and 5.3.

S6.3.11.2 At the beginning of the burnish procedure (S7.1 of this

standard) in the test sequence, each propulsion battery is at the

maximum state of charge recommended by the manufacturer, as stated in

the vehicle operator's manual or on a label that is permanently

attached to the vehicle, of, if the manufacturer has made no

recommendation, not less than 95 percent. During the 200-stop burnish

procedure, the propulsion batteries are restored to the maximum state

of charge determined as above, after each increment of 40 burnish stops

until the burnish procedure is complete. The batteries may be charged

at a more frequent interval during a particular 40-stop increment only

if the EV is incapable of achieving the initial burnish test speed

during that increment. During the burnish procedure, the propulsion

batteries may be charged by external means or replaced by batteries

that are at a state of charge of not less than 95 percent. For an EV

having a manual control for setting the level of regenerative braking,

the manual control, at the beginning of the burnish procedure, is set

to provide maximum regenerative braking throughout the burnish.

S6.3.11.3 At the beginning of each performance test in the test

sequence (S7.2 through S7.17 of this standard), unless otherwise

specified, an EV's propulsion batteries are at the state of charge

recommended by the manufacturer, as stated in the vehicle operator's

manual or on a label that is permanently attached to the vehicle, or,

if the manufacturer has made no recommendation, at a state of charge of

not less than 95 percent. No further charging of any propulsion battery

occurs during any of the performance tests in the test sequence of this

standard. If the propulsion batteries are depleted during a test

sequence such that the vehicle reaches automatic shut-down, will not

accelerate, or the low state of charge brake warning lamp is

illuminated, the vehicle is to be accelerated to brake test speed by

auxiliary means. If a battery is replaced rather than recharged, the

replacement battery shall be charged and measured for state of charge

in accordance with these procedures.

S6.3.12 State of charge of batteries for electrically-actuated

service brakes. A vehicle equipped with electrically-actuated service

brakes also performs the following test series. Conduct 10 stopping

tests from a speed of 100 kph or the maximum vehicle speed, whichever

is less. At least two of the 10 stopping distances must be less than or

equal to 70 meters. The vehicle is loaded to GVWR and the transmission

is in the neutral position when the service brake control is actuated

and throughout the remainder of the test. Each battery providing power

to the electrically-actuated service brakes, shall be in a depleted

state of charge for conditions (a), (b), or (c) of this paragraph as

appropriate. An auxiliary means may be used to accelerate an EV to test

speed.

(a) For an EV equipped with electrically-actuated service brakes

deriving power from the propulsion batteries and with automatic shut-

down capability of the propulsion motor(s), the propulsion batteries

are at not more than five percent above the EV actual automatic shut-

down critical value. The critical value is determined by measuring the

state-of-charge of each propulsion battery at the instant that

automatic shut-down occurs.

(b) For an EV equipped with electrically-actuated service brakes

deriving power from the propulsion batteries and with no automatic

shut-down capability of the propulsion motor(s), the propulsion

batteries are at an average of not more than five percent above the

actual state of charge at which the brake failure warning signal,

required by S5.5.1(e) of this standard, is illuminated.

(c) For a vehicle which has one or more auxiliary batteries that

provides electrical energy to operate the electrically-actuated service

brakes, each auxiliary battery is at not more than five percent above

the actual state of charge at which the brake failure

[[Page 46919]]

warning signal, required by S5.5.1(e) of this standard, is illuminated.

S6.3.13 Electric vehicles.

S6.3.13.1 (a) For an EV equipped with an RBS that is part of the

service brake system, the RBS is operational during the burnish and all

tests, except for the test of a failed RBS.

(b) For an EV equipped with an RBS that is not part of the service

brake system, the RBS is operational and set to produce the maximum

regenerative braking effect during the burnish, and is disabled during

the test procedures. If the vehicle is equipped with a neutral gear

that automatically disables the RBS, the test procedures which are

designated to be conducted in gear may be conducted in neutral.

S6.3.13.2 For tests conducted ``in neutral'', the operator of an

EV with no ``neutral'' position (or other means such as a clutch for

disconnecting the drive train from the propulsion motor(s)) does not

apply any electromotive force to the propulsion motor(s). Any

electromotive force that is applied to the propulsion motor(s)

automatically remains in effect unless otherwise specified by the test

procedure.

* * * * *

S7.2.4 Performance requirements.

* * * * *

(f) An EV with RBS that is part of the service brake system shall

meet the performance requirements over the entire normal operating

range of the RBS.

* * * * *

S7.4.5 Performance requirements. * * *

S7.4.5.1 An EV with RBS that is part of the service brake system

shall meet the performance requirement over the entire normal operating

range of the RBS.

* * * * *

S7.7.3. Test conditions and procedures.

* * * * *

(h) For an EV, this test is conducted with no electromotive force

applied to the vehicle propulsion motor(s), but with brake power or

power assist still operating, unless cutting off the propulsion

motor(s) also disables those systems.

* * * * *

S7.10 Partial failure.

* * * * *

S7.10.3. Test conditions and procedures.

* * * * *

(f) Alter the service brake system to produce any single failure.

For a hydraulic circuit, this may be any single rupture or leakage type

failure, other than a structural failure of a housing that is common to

two or more subsystems. For a vehicle in which the brake signal is

transmitted electrically between the brake pedal and some or all of the

foundation brakes, regardless of the means of actuation of the

foundation brakes, this may be any single failure in any circuit that

electrically transmits the brake signal. For an EV with RBS that is

part of the service brake system, this may be any single failure in the

RBS.

* * * * *

S7.10.4 Performance requirements. For vehicles manufactured with a

split service brake system, in the event of any failure in a single

subsystem, as specified in S7.10.3(f) of this standard, and after

activation of the brake system indicator as specified in S5.5.1, the

remaining portions of the service brake system shall continue to

operate and shall stop the vehicle as specified in S7.10.4(a) or

S7.10.4(b). For vehicles not manufactured with a split service brake

system, in the event of any failure in any component of the service

brake system, as specified in S7.10.3(f), and after activation of the

brake system indicator as specified in S5.5.1 of this standard, the

vehicle shall, by operation of the service brake control, stop 10 times

consecutively as specified in S7.10.4(a) or S7.10.4(b).

S7.11.3. Test conditions and procedures.

* * * * *

(m) For vehicles with electrically-actuated service brakes (brake

power unit), this test is conducted with any single electrical failure

in the electrically-actuated service brakes instead of a failure of any

other brake power or brake power assist unit, and all other systems

intact.

(n) For an EV with RBS that is part of the service brake system,

this test is conducted with the RBS disconnected and all other systems

intact.

* * * * *

S7.12.2. Test conditions and procedures.

* * * * *

(i) For a vehicle equipped with mechanically-applied parking

brakes, make a single application of the parking brake control with a

force not exceeding the limits specified in S7.12.2(b). For a vehicle

using an electrically-activated parking brake, apply the parking brake

by activating the parking brake control.

* * * * *

Issued on: August 26, 1997.

Ricardo Martinez, M.D.

Administrator.

[FR Doc. 97-23318 Filed 9-4-97; 8:45 am]

BILLING CODE 4910-59-P

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.

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