Public Meeting to Discuss the Development of In-Service Brake Performance Standards for Commercial Motor Vehicles Inspected With Performance-Based Brake Testers

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

Public Meeting to Discuss the Development of In-Service Brake

Performance Standards for Commercial Motor Vehicles Inspected With

Performance-Based Brake Testers

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: The FHWA is announcing a public meeting to discuss the

development of commercial motor vehicle brake force regulations that

could be enforced by Federal and State officials using performance-

based brake testing technologies. The FHWA is nearing the completion of

a research program to evaluate certain performance-based brake testing

technologies, including roller dynamometers, flat-plate testers,

breakaway torque brake testers, an on-board decelerometer, and an

infrared brake temperature measurement system. Currently performance-

based brake testers may be used in commercial motor vehicle inspections

but only as screening and sorting devices because there are no Federal

regulations that make reference to brake force measurements as a means

of determining whether a vehicle has adequate braking capability. The

recommendations from the researchers would, if adopted by the FHWA,

enable Federal and State officials to use performance-based brake

testers as both screening tools and enforcement tools when vehicles

with inadequate braking capability are identified. The purpose of the

public meeting is to provide interested parties an opportunity to

review and comment on the researchers' recommendations.

DATES: The meeting will be held on October 2, 1998. The meeting will

begin at 9:00 a.m. and end at 4:30 p.m.

ADDRESSES: The meeting will be held at the Hyatt Regency Rochester

Hotel, 125 East Main Street in Rochester, New York.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Vehicle and

Operations Division, Office of Motor Carrier Research and Standards,

(202) 366-4009; Ms. Kate Hartman, Commercial Vehicle Operations

Division, Office of Motor Carrier Safety and Technology, (202) 366-

0950, Federal Highway Administration, 400 Seventh Street, SW.,

Washington, DC. 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document may be downloaded using a modem

and suitable communications software from the Federal Register

Electronic Bulletin Board Service at (202) 512-1661. Internet users may

reach the Federal Register's home page at: http://www.nara.gov/nara/

fedreg and the Government Printing Office's database at: http://

www.access.gpo.gov/su__docs.

Background

In 1993, the FHWA initiated a research program to evaluate various

performance-based brake testing technologies for use on commercial

motor vehicles. The purpose of the program was to determine, through

field-test data collection, if performance-based brake inspection

technologies could improve or assist with the throughput and accuracy

of the current inspection techniques which involve visual examination

of components, measurement of push-rod travel on air-braked vehicles,

and listening for air leaks. Following the completion of the first task

of the program, in which various performance-based technologies were

analyzed, several of the systems were selected for evaluation in a

roadside field-test inspection program.

During the field tests, inspections were performed using both

visual and performance-based methods to compare their ability to detect

vehicle brake defects. In particular, a Commercial Vehicle Safety

Alliance Level 4 inspection (consisting of the brake and tire portion

of a Level 1 inspection) was conducted in addition to a performance-

based brake test. The dual inspections were performed by State

officials in each of eight States that volunteered to participate in

the field test program.

The data collected from these dual inspections were tabulated and

correlations were sought between: (1) Violations of the Federal Motor

Carrier Safety Regulations (FMCSRs) and the North American Uniform

Vehicle Out-of-Service Criteria used by officials in the United States,

Canada, and Mexico, and (2) various pass/fail criteria used by

manufacturers of performance-based technology. In addition to the

performance-based brake ``failure'' information, data relating to the

operational characteristics of each prototype machine were also

collected and evaluated. These data included setup and tear down times,

vehicle inspection times, maintenance requirements, user friendliness,

calibration procedures and results, operator skill-level requirements

and information to generate a cost-benefit analysis. A key source of

data was the interviews with State inspectors.

The preliminary findings from the first phase of the prototype

brake testing program are documented in an interim report, ``Evaluation

of Performance-Based Brake Testing Technologies,'' December 1995, FHWA-

MC-96-004. A copy of this report may be obtained by contacting one of

the individuals listed at the beginning of this notice. The interim

report presents findings based upon approximately one year of data from

roller dynamometers used in Colorado and Ohio, and a flat plate tester

in Minnesota.

Subsequent to the publication of the interim report, West Virginia

participated in the field test evaluation of a roller dynamometer.

Wisconsin is collecting data on a flat-plate tester, and Maryland and

Nevada are collecting data on breakaway torque testers. Connecticut

participated in the testing of a roller dynamometer for several months

but elected to discontinue its involvement in the research program. The

final report has been submitted to the FHWA by the researchers and will

be published by the FHWA later this year.

Determination of Eligibility for MCSAP Funding

On April 1, 1996, the FHWA issued a memorandum advising agency

staff that two specific performance-based brake testing machines are

eligible for funding under the Motor Carrier Safety Assistance Program

(MCSAP). On March 11, 1997, the FHWA issued another memorandum

announcing the eligibility for funding of a third performance-based

brake testing machine. The memoranda indicated that the devices are

prototypes, and are approved for screening and sorting purposes only.

This means that States may request MCSAP funding to purchase one of the

approved brake testers for use in screening or sorting vehicles at

inspection cites.

On December 8, 1997, the FHWA held a public meeting at the National

Highway Traffic Safety Administration's (NHTSA) Vehicle Research and

Test Center to discuss the development of functional specifications for

performance-based brake testers purchased with Federal funds through

the MCSAP. A notice announcing the meeting was published in the Federal

Register on November 13, 1997 (62 FR 60817). The FHWA indicated that

the

[[Page 45793]]

final version of the functional specifications would be used by the

States as guidelines to determine whether the purchase of a specific

brake tester would be an eligible expense item under the MCSAP.

On June 5, 1998, the FHWA published a notice in the Federal

Register requesting public comment on the functional specifications (63

FR 30678). The comments from the participants in the December 8, 1997,

public meeting were incorporated to the extent practicable prior to the

publication of the June 5, 1998, notice. The FHWA will discuss the

comments received and present the final version of the function

specifications in a separate notice to be published in the Federal

Register at a later date.

Development of In-Service Brake Performance Standards

Currently, vehicles that fail a brake performance test must be

inspected to determine the reason for the poor test results. Motor

carriers cannot be cited for brake-related violations of the FMCSRs

solely on the basis of the results from a performance-based brake

tester because the current regulations do not make reference to the

specific aspects of brake performance that are evaluated by the brake

testers. Therefore citations are based upon the specific defects or

deficiencies found during the in-depth inspection.

The FHWA is considering the development of pass/fail criteria for

braking force that could be enforced by Federal and State officials

using performance-based brake testing technologies. As inspection

criteria or regulations are developed through the rulemaking process,

the use of the performance-based brake testing machines could be

expanded to include enforcement of the new Federal brake performance

standards. The new standards would be an alternative to the stopping

distances from 32.2 kilometers per hour (20 miles per hour) currently

specified in 49 CFR 393.52 but rarely enforced by Federal and State

officials because of difficulties in performing such tests at roadside.

If brake force standards are developed through the rulemaking process,

Federal, State, and local government inspectors would be able to issue

citations based upon the output from the brake testers. The public

meeting will provide interested parties with the opportunity to discuss

with the FHWA and the researchers, recommendations for brake force

standards.

In addition to a discussion about brake force standards, there will

be a presentation and discussion of the results from recently completed

round-robin tests of performance-based brake testers. During the tests,

a variety of performance-based brake testers were used to evaluate the

same test vehicles, a five-axle tractor-semitrailer combination vehicle

and a two-axle single-unit truck. The results from the round-robin

tests will enable the researchers and the FHWA to make direct

comparisons between the force measurements from certain brake testers

and stopping distances from 32.2 km/hr, and help resolve concerns about

using the brake testers for enforcement purposes.

List of Subjects in 49 CFR Part 393

Highways and roads, Motor carriers, Motor vehicle equipment, Motor

vehicle safety.

Authority: 49 U.S.C. 31136, 31502; 49 CFR 1.48.

Issued on: August 20, 1998.

Jill L. Hochman,

Acting Associate Administrator for Motor Carriers.

[FR Doc. 98-22951 Filed 8-26-98; 8:45 am]

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