G/TBT/N/USA/2015  
7 July 2023  
(23-4622) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety 
Administration (FMCSA), Department of Transportation (DOT) [2046]  
Name and address (including telephone and fax numbers , email and website 
addresses, if a vailable) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Automatic 
emergency braking systems for vehicles with a gross vehicle weight rating greater than 
4,536 kilograms (10,000 pounds); Quality (ICS code(s): 03.120); Braking systems (ICS 
code(s): 43.040.40); Commercial vehicles (ICS code(s): 43.080)  
5. Title, number of pages and language(s) of the notified document:  Heavy Vehicle 
Automatic Emergency Braking; AEB Test Devices; (73 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking - This NPRM proposes to adopt 
a new Federal Motor Vehi cle Safety Standard (FMVSS) to require automatic emergency 
braking (AEB) systems on heavy vehicles, i.e., vehicles with a gross vehicle weight rating 
greater than 4,536 kilograms (10,000 pounds). This notice also proposes to amend 
FMVSS No. 136 to require nearly all heavy vehicles to have an electronic stability control 
system that meets the equipment requirements, general system operational capability 
requirements, and malfunction detection requirements of FMVSS No. 136 . An AEB system 
uses multiple sensor technologies and sub -systems that work together to sense when the 
vehicle is in a crash imminent situation and automatically applies the vehicle brakes if the 
driver has not done so or automatically applies more braking force to supplement the 
driver's applied braking. This NPRM follows NHTSA's 2015 grant of a petition for 
rulemaking from the Truck Safety Coalition, the Center for Auto Safety, Advocates for 
Highway and Auto Safety and Road Safe America, requesting that NHTSA establish a 
safety standard to require AEB on certain heavy vehicles. This NPRM also responds to a 
mandate under the Bipartisan Infrastructure Law , as enacted as the Infrastructure 
Investment and Jobs Act, directing the Department to prescribe an FMVSS that requires 
heavy commercial vehicles with FMVSS -required electronic stability control systems to be 
equipped with an AEB system, and also promotes DOT's January 2022 National Roadway 
Safety Strategy  to initiate a rulemaking to require AEB on heavy trucks. This NPRM also 
proposes Federal Motor Carrier Safety Regu lations requiring the electronic stability control 
and AEB systems to be on during vehicle operation.  G/TBT/N/USA/2015  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Quality requirements  
8. Relevant documents:   
88 Federal Register (FR) 43174, 6 July 2023; Title 49 Code of Federal Regulations (CFR) 
Parts 393 and 396:  
https://www.govinfo.gov/content/pkg/FR -2023-07-06/html/2023 -13622.htm  
https://www.govinfo.gov/content/pkg/FR -2023-07-06/pdf/2023 -13622.pdf  
This notice of proposed rulemaking is identified by Docket Numbers NHTSA -2023-0023 
and FMCSA -2022-0171. The Docket Folders are available on Regulations.gov at 
https://www.regulatio ns.gov/docket/NHTSA -2023-0023/document  and 
https://www.regulations.gov/docket/FMCSA -2022-0171/document , and provide access 
to primary and supporting documents as well as comments r eceived. Documents are also 
accessible from Regulations.gov  by searching the Docket Numbers. WTO Members and 
their stakeholders are asked to submit comments to the USA TBT  Enquiry Point  by or 
before 4pm Eastern Time  on 5 September 2023. Comments received by the USA TBT 
Enquiry Point from WTO Members and their stakeholders will be sha red with the regulator 
and will also be submitted to the Dockets on Regulations.gov if received within the 
comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  5 September 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_10844_00_e.pdf