[Federal Register Volume 65, Number 27 (Wednesday, February 9, 2000)]
[Rules and Regulations]
[Pages 6327-6332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2923]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

Docket No. NHTSA 2000-6740
RIN 2127-AH64


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Response to petitions for reconsideration; final rule.

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SUMMARY: This document responds to two petitions for reconsideration of 
amendments we made in September 1997 to Federal Motor Vehicle Safety 
Standards Nos. 105 and 135 specifying requirements for brake systems on 
electric vehicles (EV). In response to the petition by Hydro-Quebec of 
Canada, we are allowing the use, under certain conditions, of a 
regenerative braking system (RBS) for EV testing in accordance with 
S7.7 of Standard No. 135. This action is taken to facilitate new 
technology in the braking system of an EV. We are not amending Standard 
Nos. 105 and 135 in response to the petition for reconsideration by 
Toyota Motor Sales USA Inc. Amending the Standards as requested by 
Toyota may degrade the safety of EVs by reducing the stringency of the 
thermal tests.

DATES: The final rule is effective March 27, 2000.

FOR FURTHER INFORMATION CONTACT: Samuel Daniel, Vehicle Dynamics 
Division, Office of Vehicle Safety Standards, NHTSA (phone: 202-366-
4921).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Petitions for Reconsideration
A. HQ's Petition for Reconsideration
1. The Petition
2. Design of HQ's EV Brake System
3. Amendments Recommended by HQ
4. Conclusions
B. Toyota's Petition for Reconsideration
1. The Petition
2. Comparison of Thermal Tests in FMVSS No. 135 and ECE R13-H
3. Amendments Recommended by Toyota
4. Conclusions
III. Additional Amendments--RBS Malfunction Indicator Lamp

I. Background

    On September 5, 1997, we amended Federal Motor Vehicle Safety 
Standards (FMVSS) Nos. 105, Hydraulic Brake Systems, and 135, Passenger 
Car Brake Systems to accommodate EV brake systems. See 62 FR 46907 for 
full background information on this rule.
    Electrically-powered vehicles have unique performance 
characteristics that do not permit them to be tested for braking 
performance in the same way that other light-duty vehicles are tested. 
For example, because of the limited range of EVs and the extensive 
travel distance specified in several Federal brake test series, we 
established procedures for re-charging or replacing the propulsion 
batteries during testing. Most EVs have a feature called a 
``regenerative braking system'' (RBS) designed to extend the range of 
the vehicle by as much as 10 to 20 percent through conversion of 
vehicle kinetic energy into electrical energy when the vehicle is being 
decelerated. When operating, the RBS provides a vehicle deceleration, 
or braking force. The September 1997 amendments also established 
procedures for testing EV braking systems and EVs equipped with RBS.
    We received two petitions for reconsideration of the final rule, 
from Hydro-Quebec of Canada (HQ), and from Toyota Motor Sales 
Corporation USA Inc. (Toyota).

II. Petitions for Reconsideration

A. HQ's Petition for Reconsideration

    1. The petition. HQ commented that S7.7.3(h) of FMVSS No. 135, 
which specifies that an EV with an RBS be tested with the RBS 
inoperative during the S7.7 Stops with Engine Off tests, is 
inconsistent with other parts of FMVSS No. 135. Specifically, the 
stopping distance performance requirements of S7.5, Cold Effectiveness 
and S7.7, Stops with Engine Off, are identical; each test requires that 
the vehicle be stopped from 100 km/h (62 mph) within a distance of 70 m 
(230 ft.). However, the

[[Page 6328]]

RBS must be inoperative for S7.7 testing but operative for S7.5 
testing. According to HQ, its EV brake system cannot meet the 
requirements of S7.7 without use of the RBS.
    HQ recommends amendments to S7.7.3(h) that it believes are 
consistent with the intent of S7.7, and allow RBS use during the test. 
Amending FMVSS No. 135 as petitioned for by HQ would allow that company 
to meet the brake performance requirements in FMVSS No. 135 without 
altering its present EV brake system design. We anticipate that most EV 
manufacturers will certify their vehicles to FMVSS No. 135 rather than 
to FMVSS No. 105, because the latter will not apply to passenger cars 
built on and after September 1, 2000. What's more, FMVSS No. 105 will 
not apply to any vehicles with a GVWR less than 3,500 kg. (7,716 lb.) 
produced on and after September 1, 2002. HQ's petition refers 
specifically to FMVSS No. 135. We shall also, below, examine its 
relevance to compliance with brake performance requirements of FMVSS 
No. 105.
    2. Design of HQ's EV brake system. According to its petition, HQ is 
developing a four-wheel drive power-train technology which features 
four in-wheel electric motors. The technology is aimed at producing 
sport utility vehicles and passenger cars with improved energy 
consumption, safety, and emissions. The RBS and the hydraulic brake 
system have approximately the same braking force capability. According 
to HQ, the braking force developed by the RBS is not dependent on the 
state of charge of the propulsion system batteries, unlike most 
production RBS. In the HQ system, when the electrical energy produced 
by the RBS is greater than the recharging rate of the batteries, the 
excess electrical energy is dissipated. As described in the petition, 
the HQ EV RBS will function if the propulsion batteries are disabled or 
if the motors are not supplied with electrical energy. According to HQ, 
the hydraulic braking system has a lower priority than the RBS in a 
series compound braking system and does not have the braking capacity 
to meet the S7.7 requirements of FMVSS No. 135, independent of the RBS.
    3. Amendments recommended by HQ. HQ cannot comply with S7.7.3(h) of 
FMVSS No. 135, which specifies that EVs must be tested for compliance 
with S7.7, Stops with Engine Off, without RBS. HQ offered two versions 
of amendments for S7.7 that would allow RBS to be operative during this 
test. HQ believes that allowing the use of RBS during the test 
specified in S7.7.3(h) would not violate the intent of the test. 
According to HQ, switching off the power supply to the electric motors 
of its EV does not disable the RBS.
    HQ had previously commented on this issue in responding to the 
Notice of Proposed Rulemaking (NPRM), 60 FR 49544. HQ requested in its 
comments on the NPRM that a definition or interpretation be provided 
for the term ``no electromotive force'' in S7.7.3(h). HQ also indicated 
in its comments that the HQ EV design had no failure mode that would be 
directly analogous to an engine stalling in an internal combustion 
engine (ICE) vehicle.
    Engine stalling of a vehicle with an internal combustion engine 
(ICE) results in loss of power to vacuum or hydraulically operated 
brake power units, brake power assist units, and components of some 
antilock brake systems (ABS). The purpose of the S7.7 test in FMVSS No. 
135 is to ensure that these components have sufficient reserve capacity 
to bring the vehicle to a complete stop, with acceptable effectiveness, 
in the event of engine stalling. We want to offer similar assurances 
for the braking performance of EVs.
    In Section 7.C of the preamble for the September 5, 1997 final 
rule, we agreed with the comments on the NPRM from other EV 
manufacturers stating that the RBS is designed to convert some of the 
kinetic energy dissipated during braking into electrical energy to 
charge the propulsion batteries, thus extending the vehicle's travel 
range. At that time, the information available to us indicated that the 
RBS system would not be a major contributor to the braking capacity of 
EVs. We decided, in the September 1997 final rule, to require EVs to 
meet the stopping performance requirements of S7.7 without RBS.
    According to HQ's petition, the front-wheel hydraulic brakes would 
need to be re-designed with increased braking capacity for its EV to 
meet the requirements of S7.7 without use of the RBS. According to HQ, 
this would limit HQ EV braking technology to small vehicles and would 
not be feasible for some intended applications such as installation on 
compact sport utility vehicles.
    To deny HQ's petition would require it to conform with the apparent 
design practices of the rest of the industry and to redesign its brake 
system to meet the final rule. However, we do not believe it is in the 
public interest to restrict alternative technology this early in the 
development of RBS.
    To resolve this issue, we have decided to allow use of RBS during 
the S7.7.3(h) test, if the RBS remains functional after the supply of 
electric power to the propulsion motor(s) has been switched off (EV 
equivalent to engine stalling in an ICE vehicle). If switching off the 
electric power supply to the propulsion motor(s) disables the RBS, then 
S7.7.3(h) must be conducted without use of the RBS.
    We have decided to remove the term ``electromotive force'' from 
S7.7.3(h) since the term may cause confusion, and to replace it with 
the term ``electrical power.'' Accordingly, we are amending S7.7.3(h) 
of FMVSS No. 135 to read: For an EV, this test is conducted with no 
electrical power supplied to the vehicle's propulsion motor(s), but 
with the RBS and brake power or power assist still operating, unless 
cutting off the supply of electrical power to the propulsion motor(s) 
also disables those systems.
    We believe that this approach to a resolution of the RBS use issues 
raised by HQ will allow adequate flexibility in EV braking system 
technology. According to HQ, the technology is available to produce in-
wheel motor regenerative braking with deceleration rates only slightly 
lower than the average deceleration rate required by FMVSS No. 135 
(0.56 g) for a fully operational, cold brake system.
    HQ also commented that there is an inconsistency in the final rule 
between S7.7, Stops with Engine Off, S7.10, Hydraulic circuit failure, 
and S7.11, Brake power unit or brake power assist unit inoperative 
(System depleted). HQ correctly noted that the maximum stopping 
distance specified in S7.10 and S7.11, which is 168 m, is more than 
twice the stopping distance specified in S7.7, whereas under the final 
rule, all the EV tests, S7.7, S7.10, and S7.11 were to be conducted 
without use of the RBS.
    The procedure in S7.7 is a test of the fully functional brake 
system rather than a partially failed brake system, as is the case with 
S7.10 and S7.11. The inconsistency between the requirements of these 
tests has been eliminated with our decision to allow RBS use for 
testing under S7.7.3(h) as long as switching off the supply of 
electrical power to the propulsion motor(s) does not disable the RBS. 
The intent of the S7.7 test is to ensure that brake system will stop 
the vehicle with normal effectiveness when the vehicle's engine is not 
operating. For ICE vehicles, the test is conducted by switching off the 
engine ignition prior to brake application. We are amending the 
standard to require the analogous test procedure for EVs.
    We have also decided to retain the requirement that an EV 
manufacturer must certify that the vehicle meets S7.10 of FMVSS No. 
135, test procedures conducted to evaluate brake system

[[Page 6329]]

performance under partial brake failure conditions. The test conditions 
and procedures in S7.10.3(f) require that an EV be tested for stopping 
performance with the RBS disabled and all other braking systems intact. 
Since the S7.10 test procedures apply to vehicles with a partially 
disabled brake system, a longer stopping distance is specified.
    In addition to the amendments noted above, we have decided that the 
specification in S7.11(n) that EVs be tested without RBS should be 
removed because the RBS test requirements for EVs in S7.10 and S7.11 
are identical.
    4. Conclusions. We believe that HQ has identified some key issues 
with regard to the test conditions and requirements for EVs in the 
final rule amending FMVSS No. 135. The HQ petition has made us more 
aware that the EV braking amendments adopted in 1997 need further 
revisions to accommodate alternative EV braking systems. According to 
HQ, its EV braking system prioritizes RBS over the hydraulic brake 
system. The two systems are essentially connected in a series 
arrangement in which the hydraulic braking system is activated when 
braking force requirements approach the maximum capacity of the RBS. 
The HQ EV braking system design is based on in-wheel motor technology, 
which may be used in the future by other EV manufacturers.
    We believe that these amendments will maintain the safety benefits 
of FMVSS No. 135 while improving the ability of the standards to 
accommodate unique EV brake system design features. Vehicles in which 
RBS is functional when the propulsion motor(s) are not being supplied 
with electrical power will be able to use the RBS for testing designed 
to simulate loss of power to the propulsion motor(s).
    No further amendments to FMVSS No. 105 appear necessary. The 
standard does not contain a test for the fully functional brake system 
with the engine off in contrast to S7.7 of FMVSS No. 135. As a result, 
FMVSS No. 105 does not include a test for the fully functional brake 
system of an EV without use of the RBS.

B. Toyota's Petition for Reconsideration

    1. The petition. Toyota stated it is ``disappointed'' that the 
September 1997 final rule amendments did not achieve more harmonization 
with the European light duty vehicle braking regulation, ECE R13-H. Its 
petition did not make specific recommendations for amendments to FMVSS 
No. 135, but asked us to harmonize the thermal test procedures with 
those of ECE R13-H.
    2. Comparison of the thermal tests in FMVSS No. 135 and ECE R13-H.
    a. Overall test specifications. FMVSS No. 135 and ECE R13-H are 
essentially the same with respect to the thermal test procedures, 
conditions, and requirements (Heating snubs, Hot performance, Cooling 
stops, and Recovery performance) for ICE vehicles, but not for Evs. ECE 
R13-H allows use of the RBS, whether or not the RBS is part of the 
service brake system, for the entire thermal test. FMVSS No. 135 allows 
an RBS that is not part of the service brake system to be used only in 
the burnish procedures, and not during any other phases of brake system 
performance testing, including the thermal tests.
    b. Comparison of four phases in the thermal tests. The first phase 
of the thermal test in ECE R13-H and S7.13 of FMVSS No. 135, Heating 
procedure and Heating Snubs, respectively, have identical test 
procedures and conditions for ICE vehicles. ECE R13-H (Annex 3 
Paragraph 1.5.1, Heating procedure) provides a specific procedure for 
testing EVs, which is designed to accommodate vehicles with 
insufficient power and energy to complete the brake heating procedure 
(in FMVSS No. 135, S7.13, Heating Snubs) on a single charge. The ECE 
procedure requires that the EV be accelerated to the test speed (120 
km/h or 80 percent of maximum vehicle velocity) for the first of 15 
decelerations (snubs) that reduce the vehicle speed to one-half the 
initial speed. For each subsequent deceleration in the procedure, the 
speed for initiation of braking is the speed reached after 45 seconds 
of maximum acceleration, which may be lower than the speed specified 
for the first test. By contrast, FMVSS No. 135 does not provide 
specific EV procedures or conditions for the thermal tests.
    In the second phase of the thermal test series, ECE R-13H allows 
for the initial speed for the Hot performance tests to be the vehicle 
speed for the last test run of the Heating Procedure. The Hot 
performance test consists of two braking tests with a 100 km/h test 
speed immediately following the Heating Procedure. The Hot Performance 
test conditions and performance requirements in ECE R13-H and No. 135 
(S7.14) are nearly identical for ICE vehicles and EVs. Each vehicle 
must meet a performance criterion that is based on a comparison of Hot 
performance (No. 135, S7.14) test results with the vehicle's Cold 
effectiveness test results (No. 135, S7.5).
    The third phase of the thermal test is referred to as the Recovery 
procedure in ECE R13-H (Annex 3; 1.5.3) and Brake cooling stops in 
FMVSS No. 135 (S7.15). These procedures, which are identical in the two 
regulations for all vehicles, specify four stops from 50 km/h (31.1 
mph) beginning immediately after the Hot performance tests. These stops 
are conducted at a constant deceleration rate and are designed to 
simulate normal braking.
    The final phase of the thermal test procedure is called Recovery 
performance in both ECE R13-H and FMVSS No. 135 (S7.16). This phase of 
the thermal tests is designed to test the performance of the brakes 
after heating followed by normal brake use. The performance 
requirements for this phase of the thermal test are based on the cold 
effectiveness test results for the vehicle. Two recovery tests are 
required beginning immediately after completion of the fourth cooling 
stop (in FMVSS No. 135, S7.16.3(f) and (i)). In this phase, neither ECE 
R13-H nor FMVSS No. 135 include specific procedures for testing EVs.
    3. Amendments recommended by Toyota. Toyota stated that 
harmonization between ECE R13-H and FMVSS No. 135 had not been achieved 
with the September 1997 amendments to FMVSS No. 135 and also indicated 
that the fade test (thermal test) should be further harmonized. 
Specifically, ECE R13-H allows use of RBS by EVs, whether or not the 
RBS is part of the service brake system, during all phases of the 
thermal test. Toyota's petition requests that we allow RBS use during 
the thermal tests for vehicles in which RBS is not part of the service 
brake system.
    The ECE R13-H Heating procedure for EVs allows a reduction of the 
test speed during the acceleration and braking cycles if a vehicle 
cannot maintain the specified test speed for the entire procedure. The 
regulation does not specify, however, a minimum test speed below which 
the EV Heating procedure tests should not be conducted. Test speeds 
below 40 km/h (25 mph) are typically too low to allow proper evaluation 
of a vehicle's brake system. Further, ECE R13-H does not provide 
procedures or requirements for charging or replacing the propulsion 
batteries for an EV that is unable to accelerate to test speed during 
the test procedure. Also, ECE R13-H does not provide EV test procedures 
for the Recovery procedure portion of the thermal tests. These tests 
are to be conducted immediately after the Hot performance stops. 
Therefore, an EV that completed the Hot performance tests at a reduced 
speed due to depleted batteries may not be able to accelerate to the 
Recovery procedure test speed of 50 km/h.

[[Page 6330]]

    For those reasons, the thermal test procedures for EVs in ECE R13-H 
are not sufficiently clear or objective to be adopted in FMVSS No. 135.
    Toyota indicated that EVs in which RBS is not part of the service 
brake system may not be able to complete the thermal tests on a single 
battery charge. Toyota further implied that ECE R13H's allowance of RBS 
use may increase the range of all EVs, including EVs in which RBS is 
not part of the service brake system, and enhance their ability 
complete the thermal tests.
    We do not believe the power and energy requirements of the heating 
cycle, or the entire thermal test, are beyond the capability of the 
propulsion systems of marketable EVs. We estimate that the entire 
thermal tests (S7.13 Heating Snubs, S7.14 Hot performance, S7.15 Brake 
cooling stops, and S7.16 Recovery performance) specified in FMVSS No. 
135 and ECE R13-H can be completed with a total vehicle travel distance 
of 30 kilometers (19 miles) or less. However, the heating procedure/
snubs phase of the thermal test series is essentially a series of 15 
maximum accelerations with short intervals between to allow for 
braking. The heating procedure/snubs phase is a severe test of the 
power capacity of the batteries although the energy requirements are 
modest. However, if a vehicle cannot complete the test protocol on a 
single charge, the system can be recharged pursuant to S6.11.3.
    An RBS that is not part of the service brake system may be 
deactivated by the vehicle driver at any given time, thus eliminating 
the braking force provided by the RBS. NHTSA usually specifies tests in 
our brake performance standards that represent the most stringent 
conditions that would be faced by drivers on the road. Following this 
practice, the final rule of September 7, 1997 did not allow use of RBS 
that is not part of the service brake system (driver-controlled), 
during brake performance testing in FMVSS Nos. 135 and 105. It is also 
possible that the stringency of the Hot performance test and the 
Recovery performance test would be reduced if these EVs with driver-
controlled RBS were allowed to use RBS. The service brakes would reach 
a lower temperature during the S7.13 Heating snubs with RBS operational 
than they would with the RBS disabled. The magnitude of this 
temperature reduction has not been quantified, but any service brake 
temperature reduction for the Hot performance and Recovery performance 
tests would tend to reduce the stringency of the tests. The improvement 
in brake performance resulting from RBS use is a safety benefit for EVs 
in which RBS is part of the service brake system, but would not 
necessarily be realized with RBS controlled by the driver. Toyota did 
not provide test data or other information with which to evaluate the 
effect of RBS use on the safety benefits of the thermal tests. For 
these reasons, we do not believe FMVSS No. 135 should be amended to 
allow use of RBS that is not part of the service brake system during 
any phase of the thermal tests.
    We did not specify unique conditions, procedures, or requirements 
in 1997 for conducting the thermal test on EVs. However, we did provide 
procedures to be used if a vehicle could not complete a given test on a 
single propulsion system charge (FMVSS No. 135, S6.11.3.) Since FMVSS 
No. 135 has provisions for testing EVs with depleted propulsion 
battery(s), we do not believe it is necessary to allow RBS use if RBS 
is not part of the service brake system, during any portion of the 
thermal test.
    4. Conclusions. We believe the ECE R13-H Heating procedure and the 
Recovery procedure tests for EVs are not sufficiently demanding or 
objective when compared with the corresponding FMVSS No. 135 portions 
of the thermal test. Some of the test speeds reached during the R13-H 
Heating procedure may be too low for meaningful brake performance 
evaluation. The entire thermal test is required to be conducted without 
interruption and ECE R13-H does not provide procedures for conducting 
the Hot performance or the Recovery procedure tests if the vehicle is 
not capable of accelerating to test speed. We do not want to facilitate 
the introduction of EVs in the United States that are not tested in 
accordance with a sufficiently demanding and objective thermal test for 
brakes.
    S6.3.11 State of charge of batteries of FMVSS No. 135 allows EVs to 
achieve the brake test speeds required in the thermal test series 
(S7.13-S7.16) under any battery state-of-charge condition. No such 
provisions are included in ECE R13-H. Allowing RBS to be operative 
during the Heating procedure may not be sufficient for some vehicles to 
complete the thermal test series on a single charge. As we have 
previously stated, FMVSS No. 135 includes procedures for EVs to assure 
that brake test speeds can be reached if a vehicle's batteries are 
depleted and need to be recharged or replaced to accelerate the vehicle 
to test speeds under its own power.
    After our review of the Toyota petition for reconsideration, ECE 
R13-H, and FMVSS No. 135, we have concluded that the ECE R13-H EV 
thermal test conditions and procedures should not be included in FMVSS 
Nos. 135 and 105. We have also concluded that the use of an RBS that is 
not part of the service brake system during the thermal test would have 
a negative impact on the safety benefits of these tests, since the 
stringency of the tests would not be representative of encountered 
driving conditions.
    For these reasons, we are denying Toyota's petition for 
reconsideration. We will continue to allow RBS use, for vehicles in 
which an RBS is part of the service brake system, in all testing except 
when the use of RBS is explicitly prohibited.

III. Additional Amendments--RBS Malfunction Indicator Lamp

    The September 1997 final rule required that a RBS malfunction 
indicator lamp be mounted in front of and in clear view of the driver, 
FMVSS No. 105, S5.3 Brake system indicator lamp. S5.3 is organized with 
a description of the activation protocol in S5.3.1 and a description of 
the lamp word, symbol, and color of the lamp in S5.3.5. Inadvertently, 
we placed the activation protocol, the word or symbol to be used for 
RBS, and the color of the symbol in S5.3.1. For consistency and to 
eliminate confusion, we are taking this opportunity to place the 
various aspects of the malfunction lamp description in the proper 
section of FMVSS No. 105. We are making a similar amendment to FMVSS 
No. 135 for the same reason. Also, for the reason stated previously, 
the references to the color ``amber'' in the description of the RBS 
malfunction indicator lamp are removed and the color ``yellow'' is 
substituted. This change will make the color of the RBS malfunction 
warning indicator consistent with other malfunction indicator lamps.

Effective Dates

    Because FMVSS No. 105 and FMVSS No. 135 are in effect, because EVs 
are being manufactured to comply with these standards, because the 
amendments serve to clarify existing requirements, and because the 
amendments do not affect existing requirements for vehicles with 
hydraulic brake systems, it is hereby found, for good cause shown, that 
an effective date earlier than 180 days after issuance of the 
amendments is in the public interest. Accordingly, the amendments are 
effective March 27, 2000.

[[Page 6331]]

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 
Regulatory Policies and Procedure. The rule does not affect 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. Accordingly, no Regulatory 
Flexibility Analysis has been prepared.
    The following is NHTSA's statement providing the factual basis for 
the certification (5 U.S.C. Sec. 605(b)). The amendment primarily 
affects manufacturers of motor vehicles. Manufacturers of motor 
vehicles are generally not small businesses within the meaning of the 
Regulatory Flexibility Act.
    The Small Business Administration's regulations define a small 
business in part as a business entity ``which operates primarily within 
the United States.'' (13 CFR 121.105(a)) SBA's size standards are 
organized according to Standard Industrial Classification Codes (SIC), 
SIC Code 3711 ``Motor Vehicles and Passenger Car Bodies'' has a small 
business size standard of 1,000 employees or fewer.
    For manufacturers of passenger cars and light trucks, NHTSA 
estimates there are at most five small manufacturers of passenger cars 
in the U.S. Since each manufacturer serves a niche market, often 
specializing in replicas of ``classic'' cars, production for each 
manufacturer is fewer than 100 cars per year. Thus, there are at most 
500 passenger cars manufactured per year by U.S. small businesses.
    In contrast, in 1999, there are approximately nine large 
manufacturers producing passenger cars, and light trucks in the U.S. 
Total U.S. manufacturing production per year is approximately 15 to 15 
and a half million passenger cars and light trucks per year. NHTSA does 
not believe small businesses manufacture even 0.1 percent of total U.S. 
passenger car and light truck production per year.
    Further, small organizations and governmental jurisdictions are not 
be significantly affected as the price of motor vehicles ought not to 
change as the result of this final rule.

Executive Order 13132 (Federalism)

    Executive Order 13132 on ``Federalism'' requires us to develop an 
accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of ``regulatory policies that 
have federalism implications.'' The E.O. defines this phrase to include 
regulations ``that have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.'' This final rule, which regulates the manufacture of 
certain motor vehicles, will not have substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in E.O. 13132.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare a written assessment of the cost, benefits, and 
other effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. Because this final rule does not have a $100 
million effect, no Unfunded Mandates assessment has been prepared.

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. 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.

Civil Justice Reform (Executive Order 12778)

    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.

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

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    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 S5.3.1(g);
    b. Adding S5.3.5(c)(1)(E);
    c. Revising S5.3.5(c)(2).
    The revised and added paragraphs read as follows:


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

* * * * *

S5.3  Brake system indicator lamp * * *
    S5.3.1 * * *
    (g) For an EV with RBS that is part of the service brake system, 
failure of the RBS.
* * * * *
    S5.3.5 * * *
    (c)(1) * * *
    (E) If a separate indicator is used for the regenerative brake 
system, the symbol ``RBS'' may be used. RBS failure may also be 
indicated by a lamp displaying the symbol ``ABS/RBS.''
* * * * *
    (c)(2) Except for a separate indicator lamp for an anti-lock 
system, a regenerative system, or an indicator for

[[Page 6332]]

both anti-lock and regenerative system, the letters and background of 
each separate indicator lamp shall be of contrasting colors, one of 
which is red. The letters and background of a separate lamp for an 
anti-lock system, a regenerative system, or a lamp displaying both an 
anti-lock and a regenerative system shall be of contrasting colors, one 
of which is yellow.


Sec. 571.135  [Amended]

    3. Section 571.135 is amended by:
    a. Revising S5.5.1(g);
    b. Revising S5.5.5(d)(6);
    c. Adding S5.5.5(d)(7);
    d. Amending S7.7.1 to add a second sentence;
    e. Revising S7.7.3(h); and
    f. Removing S7.11.3(n).
    The revisions, additions, and amendments read as follows:


Sec. 571.135  Standard No. 135; Passenger car brake systems.

* * * * *
    S5.5.1. Activation. * * *
    (g) For an EV with a regenerative braking system that is part of 
the service brake system, failure of the RBS.
* * * * *
    S5.5.5. Labeling. * * *
    (d) * * *
    (6) If a separate indicator is provided for the condition specified 
in S5.5.1(g), the letters and background shall be of contrasting 
colors, one of which is yellow. The indicator shall be labeled with the 
symbol ``RBS.'' RBS failure in a system that is part of the service 
brake system may also be indicated by a yellow lamp that also indicates 
``ABS'' failure and displays the symbol ``ABS/RBS.''
    (7) If a separate indicator is provided for any other function, the 
display shall include the word ``Brake'' and the appropriate additional 
labeling.
* * * * *
    S7.7 * * *
    S7.7.1 General information. * * * This test is also for EVs.
* * * * *
    S7.7.3. * * *
    (h) For an EV, this test is conducted with no electrical power 
supplied to the vehicle's propulsion motor(s), but with the RBS and 
brake power or power assist still operating, unless cutting off the 
supply of electrical power to the propulsion motor(s) also disables 
those systems.

    Issued on: January 19, 2000.
Frank Seales, Jr.,
Acting Administrator.
[FR Doc. 00-2923 Filed 2-8-00; 8:45 am]
BILLING CODE 4910-59-P