[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Proposed Rules]
[Pages 19602-19604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10793]



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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 85-06; Notice 11]
RIN [2127-AG35]


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

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to extend the requirements of Federal 
motor vehicle safety standard (FMVSS) No. 135, Passenger Car Brake 
Systems, to trucks, buses, and multipurpose passenger vehicles with a 
gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 kilograms) 
or less. As a result, manufacturers of such vehicles have the option of 
complying with either FMVSS No. 105 or FMVSS No. 135 for an interim 
five year period, after which all light vehicles would have to comply 
with FMVSS No. 135. The agency believes that such an amendment would be 
consistent with the agency's policy of achieving international 
harmonization whenever possible, consistent with the statutory mandate 
to ensure motor vehicle safety.

DATES: Comment Period: Comments on this notice must be received by 
NHTSA no later than July 1, 1996.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted to: Docket Section, National Highway Traffic Safety 
Administration, 400 Seventh Street SW, Washington, D.C. 20590. Docket 
hours are 9:30 a.m. to 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Robert M. 
Clarke, Office of Crash Avoidance, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202) 
366-5278.
    For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division, 
Office of Chief Counsel, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 (202) 
366-2992.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 2, 1995, the National Highway Traffic Safety 
Administration (NHTSA) published a final rule establishing a new 
Federal motor vehicle safety standard (FMVSS) No. 135, Passenger Car 
Brake Systems ( 60 FR 6411). This standard resulted from the agency's 
efforts to harmonize U.S. brake standards with international brake 
standards. FMVSS No. 135 applies only to passenger cars. Between March 
6, 1995 and August 31, 2000, manufacturers of passenger cars have the 
option of complying with either FMVSS No. 105 or FMVSS No. 135. After 
September 1, 2000, all passenger cars must comply with the requirements 
of FMVSS No. 135, while all other vehicles with hydraulic brakes, 
including light vehicles <SUP>1 other than passenger cars, still must 
meet the requirements of FMVSS No. 105.
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    \1\ Those vehicles with a gross vehicle weight rating (GVWR) of 
10,000 lbs. (4,536 kilograms) or less.
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    NHTSA is considering whether to extend the applicability of FMVSS 
No. 135 to all light vehicles. FMVSS No. 105 would continue to apply to 
vehicles with a GVWR greater than 10,000 pounds (i.e., medium and heavy 
hydraulically-braked vehicles). If this change is adopted, FMVSS No. 
135 would be retitled Light Vehicle Brake Systems.
    In comments submitted in response to the agency's July 3, 1991 
supplemental proposed rulemaking (SNPRM) on this subject (56 FR 30528), 
Kelsey-Hayes asked whether the rule would apply to all purpose 
vehicles, mini-vans, and light trucks, as well as to passenger cars. In 
the final rule, NHTSA decided to apply FMVSS No. 135 only to passenger 
cars, but stated it might consider applying FMVSS No. 135 to all light 
vehicles at a later date.
    In its petition for reconsideration to the final rule, General 
Motors (GM) requested, among other things, that the agency consider 
applying FMVSS No. 135 to all hydraulically-braked light vehicles. GM 
stated that the United Nations Economic Commission for Europe (ECE) 
Regulation R13-H was being developed with the intention of applying it 
to all light vehicles. That company further stated that ``it would be 
desirable to have a single brake

[[Page 19603]]

standard applicable to all hydraulically-braked vehicles, as has 
traditionally been the case with FMVSS No. 105.'' GM stated its belief 
that FMVSS No. 135 was superior to FMVSS No. 105 and that extending its 
applicability ``* * * could lead to genuinely improved brake systems 
for MPV and LTV customers.''

II. Agency Proposal

    After reviewing GM's petition, NHTSA has decided to propose 
applying FMVSS No. 135 to all light vehicles. As a result, 
manufacturers of such vehicles have the option of complying with either 
FMVSS No. 105 or FMVSS No. 135 for an interim five year period, after 
which all light vehicles would have to comply with FMVSS No. 135. The 
agency believes that such an amendment would be consistent with the 
agency's policy of achieving international harmonization whenever 
possible and appropriate, consistent with the statutory mandate to 
promote motor vehicle safety. In establishing FMVSS No. 135, NHTSA 
stated that the new standard would differ from the existing one (FMVSS 
No. 105) primarily in containing a revised test procedure based on 
harmonized international procedures developed during discussions held 
between NHTSA and the Meeting of Experts on Brakes and Running Gear 
(GRRF) of the ECE. NHTSA stated that the new FMVSS would ensure the 
same level of safety for the aspects of performance covered by FMVSS 
No. 105, while improving safety by addressing some additional safety 
issues.
    At the agency's June 28, 1995 and September 22, 1995 quarterly 
public meetings addressing NHTSA's regulatory activities, agency 
personnel requested comments about whether the agency should apply 
FMVSS No. 135 to all light vehicles. The agency has received no 
comments, either in favor or in opposition to such an action. The 
agency further notes that in 1995, domestic light truck manufacturers 
were voluntarily equipping 56 percent of their annual production with 
4-wheel antilock brake systems (ABS). The agency notes that a light 
vehicle equipped with ABS would more easily comply with FMVSS No. 135, 
particularly the adhesion utilization requirements. Market trends and 
manufacturers' public pronouncements indicate that a significant 
majority of light vehicles will be equipped with four-wheel ABS in the 
near future. Based on these considerations, NHTSA believes that vehicle 
manufacturers are already planning to voluntarily design and equip 
their products with brake systems that would comply with FMVSS No. 
135's requirements, including those dealing with adhesion utilization 
and variable proportioning functional failures.
    Accordingly, the agency proposes to amend Section S3. Application, 
to apply FMVSS No. 135 to trucks, buses, and multipurpose passenger 
vehicles with a GVWR of 10,000 pounds (4,536 kilograms) or less. The 
agency notes that FMVSS No. 105 has some requirements that differ 
depending on the vehicle's GVWR. Nevertheless, the agency is aware of 
no reasons why the requirements of FMVSS No. 135 which relate to 
equipment, dynamic road test procedures and required stopping 
performance, system failures, and parking brake test procedures and 
performance should be different for these vehicles than they are for 
passenger cars. Nevertheless, the agency specifically invites comments, 
along with supporting data, that might alter that tentative conclusion.

III. Rulemaking Analyses and Notices

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

    This notice has not been reviewed under Executive Order 12866. 
NHTSA has considered the impacts of this rulemaking action and 
determined that it is not ``significant'' within the meaning of the 
Department of Transportation's regulatory policies and procedures. The 
agency believes that FMVSS No. 135 would ensure an equivalent level of 
safety for those aspects of performance covered by FMVSS No. 105 and 
that it would also address additional areas of brake performance which 
offer added safety benefits. The agency believes that manufacturers are 
already planning, prior to the date on which compliance with this 
standard would become mandatory, to voluntarily equip their light 
vehicles with brake systems that would meet the requirements of FMVSS 
No. 135. Thus, the application of this standard to those vehicles would 
not impose costs on manufacturers beyond those they otherwise 
voluntarily plan to incur. Applying this rule to all light vehicles 
would offer the possibility of reducing the production costs for these 
vehicles. Further, the agency believes that manufacturers' compliance 
verification costs, attributable to the full test procedure in the new 
standard, would be approximately the same as those attributable to the 
existing procedure under FMVSS No. 105. Based on the above 
considerations, NHTSA believes that the impacts are so minimal as not 
to warrant preparation of a full regulatory evaluation.

B. Regulatory Flexibility Act

    NHTSA has also considered the effects of both this proposal under 
the Regulatory Flexibility Act. I hereby certify that it would not have 
a significant economic impact on a substantial number of small 
entities. Accordingly, the agency has not prepared a preliminary 
regulatory flexibility analysis.
    NHTSA concluded that the February 1995 final rule had no 
significant impact on a substantial number of small entities. That 
conclusion is equally valid for this proposal to extend the application 
of this rule to include all light vehicles. Accordingly, the cost 
savings would be so small that they would not likely affect vehicle 
sales.

C. National Environmental Policy Act

    NHTSA has analyzed this rulemaking action for the purposes of the 
National Environmental Policy Act of 1969. The agency has determined 
that implementation of this action would not have any significant 
impact on the quality of the human environment. No changes in existing 
production or disposal processes result.

D. Executive Order 12612 (Federalism)

    NHTSA has analyzed this action under the principles and criteria in 
Executive Order 12612. The agency believes that this rulemaking action 
would not have sufficient Federalism implications to warrant the 
preparation of a Federalism Assessment. No State laws would be 
affected.

E. Civil Justice Reform

    This rulemaking would not have any retroactive effect. Under 49 
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in 
effect, a State may not adopt or maintain a safety standard applicable 
to the same aspect of performance which is not identical to the Federal 
standard, except to the extent that the State requirement imposes a 
higher level of performance and applies only to vehicles procured for 
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial 
review of rulemakings establishing, amending or revoking Federal motor 
vehicle safety standards. That section does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

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List of Subjects in 49 CFR part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires.

    In consideration of the foregoing, the agency proposes to amend 
Title 49 of the Code of Federal Regulations at Part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

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

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50

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


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

* * * * *
    S3. Application. This standard applies to hydraulically-braked 
vehicles with a GVWR greater than 10,000 pounds. This standard applies 
to hydraulically-braked passenger cars manufactured before September 1, 
2000, and to hydraulically-braked multipurpose passenger vehicles, 
trucks, and buses with a GVWR of 10,000 pounds or less that are 
manufactured before September 1, 2002. At the option of the 
manufacturer, hydraulically-braked passenger cars manufactured before 
September 1, 2000, and hydraulically-braked multipurpose passenger 
vehicles, trucks, and buses with a GVWR of 10,000 pounds or less 
manufactured before September 1, 2002, may meet the requirements of 
Federal Motor Vehicle Safety Standard No. 135, Light Vehicle Brake 
Systems instead of this standard.
* * * * *
    3. Section 571.135 would amended by revising the heading and 
section S3. to read as follows:


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

* * * * *
    S3. Application. This standard applies to hydraulically-braked 
passenger cars manufactured on and after September 1, 2000, and to 
hydraulically-braked multipurpose passenger vehicles, trucks and buses 
with a gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 
kilograms) or less, manufactured on and after September 1, 2002. In 
addition, at the option of the manufacturer, passenger cars 
manufactured before September 1, 2000, and multipurpose passenger 
vehicles, trucks and buses with a GVWR of 10,000 pounds or less. (4,536 
kilograms), manufactured before September 1, 2002, may meet the 
requirements of this standard instead of Federal Motor Vehicle Safety 
Standard No. 105, Hydraulic Brake Systems.
* * * * *
    Issued on: April 25, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-10793 Filed 5-1-96; 8:45 am]
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