[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Proposed Rules]
[Pages 56781-56790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22913]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 665

[Docket No. FTA-2007-0011]
RIN 2132-AA95


Bus Testing; Phase-In of Brake Performance and Emissions Testing, 
and Program Updates

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This notice of proposed rulemaking (NPRM) provides interested 
parties with the opportunity to comment on the Federal Transit 
Administration's (FTA's) proposed changes to its Bus Testing 
Regulation. The NPRM incorporates tests for brake performance and 
emissions into FTA's Bus Testing Program to comply with the Safe, 
Accountable, Flexible, Equitable Transportation Efficiency Act: a 
Legacy for Users (SAFETEA-LU). To improve the FTA Bus Testing Program, 
FTA is also proposing several updates that will enhance the Program's 
value and respond to changes in the transit bus industry. FTA seeks 
comments on the proposals in this notice.

[[Page 56782]]


DATES: Comments on this proposed rule must be received on or before 
December 1, 2008.

ADDRESSES: You may submit comments (identified by the agency name and 
DOT Docket ID Number FTA-2007-0011) by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to www.regulations.gov and 
follow the online instructions for submitting comments.
    <bullet> Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
    <bullet> Fax: 202-493-2251.
    See SUPPLEMENTARY INFORMATION section for more information on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: For technical information, Marcel 
Belanger, Bus Testing Program Manager, Office of Research, 
Demonstration, and Innovation (TRI), (202) 366-0725, 
<a href="/cdn-cgi/l/email-protection#4e232f3c2d2b22602c2b222f20292b3c0e2a213a60292138"><span class="__cf_email__" data-cfemail="1974786b7a7c75377b7c7578777e7c6b597d766d377e766f">[email protected]</span></a>. For legal information, Richard Wong, Office of 
the Chief Counsel (TCC), (202) 366-0675, <a href="/cdn-cgi/l/email-protection#deacb7bdb6bfacbaf0a9b1b0b99ebab1aaf0b9b1a8"><span class="__cf_email__" data-cfemail="2d5f444e454c5f49035a42434a6d494259034a425b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Instructions for submitting comments: You 
must include the agency name (Federal Transit Administration) and 
Docket number (FTA-2007-0011) for this notice at the beginning of your 
comments. You should submit two copies of your comments if you submit 
them by mail or courier. If you wish to receive confirmation that FTA 
received your comments, you must include a self-addressed stamped 
postcard. Note that all comments received will be posted without change 
to www.regulations.gov including any personal information provided and 
will be available to internet users. You may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477) or you may visit http://DocketsInfo.dot.gov.
    Docket: For internet access to the docket to read background 
documents and comments received, go to www.regulations.gov. Background 
documents and comments received may also be viewed at the U.S. 
Department of Transportation, 1200 New Jersey Ave SE., Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, Washington, 
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.

Background

    Section 317 of the Surface Transportation and Uniform Relocation 
Assistance Act of 1987 (STURAA) provided that no funds appropriated or 
made available under the Urban Mass Transportation Act of 1964, as 
amended, were to be obligated or expended for the acquisition of a new 
model bus after September 30, 1989, unless a bus of such model had been 
tested at a facility to be established in Altoona, Pennsylvania. The 
intent of the testing was to provide reliable performance information 
to transit authorities that could be used in their purchase or lease 
decisions. Section 6021 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (ISTEA) amended section 317 of STURAA to add 
tests for brake performance and emissions. Section 3020 of SAFETEA-LU 
did not change these requirements, incorporating them at 49 U.S.C. 
5318. SAFETEA-LU also amended subsection 5318(a) to state, ``The 
Secretary of Transportation shall maintain one facility for testing a 
new bus model...'' when this section had previously read ``establish 
one facility.''
    The Bus Testing Center is operated by the Pennsylvania 
Transportation Institute (PTI) of The Pennsylvania State University. 
The Bus Testing Center currently performs seven categories of tests 
that were required by STURAA and are based in part on tests described 
in the UMTA (Urban Mass Transportation Administration--FTA's 
predecessor) report, ``First Article Transit Bus Test Plan,'' which is 
mentioned in the legislative history of Section 317. These tests, when 
appropriate, leverage Society of Automotive Engineers (SAE) test 
procedures and other procedures accepted by the transit industry. The 
seven current test categories are Maintainability, Reliability, Safety, 
Performance, Structural Integrity, Fuel Economy, and Noise.
    The primary purpose of this NPRM is to seek comments on FTA's 
proposal to incorporate brake performance and emissions tests into 
FTA's Bus Testing Regulation. FTA is also using this opportunity to 
seek comments on ways to update the regulation to improve the 
functioning of the program, enhance its value, and clarify any 
ambiguities in the existing regulation.

Statutory Changes

    FTA seeks comments on the proposed testing procedures, estimated 
testing fees, and estimated test durations for brake performance and 
emissions testing, which can be reviewed in the docket (see ADDRESSES). 
The test procedures, costs, and durations will be reviewed after the 
Bus Testing Center has gained experience in conducting these tests, and 
the procedures and the time and fee schedule may be revised in the 
future if necessary. It is possible that different cost tiers might be 
established if the need becomes apparent as a result of these reviews. 
For example, battery-dominant (i.e., ``plug-in'') hybrid-electric buses 
may need to perform additional runs of the Emissions test in order to 
assess the varying effects on emissions of full and depleted battery 
states of charge.

Brake Performance Test Procedure

    The full proposed draft Brake Testing Procedure is available for 
review in the docket (see ADDRESSES). In summary, the operator of the 
Bus Testing Center will install equipment both on the test bus and at 
the facilities to support the brake performance test. Prior to the 
start of a brake performance test, the brake system's functionality 
will be evaluated. The evaluation will ensure that the brakes are 
properly adjusted, burnished, and the anti-lock brake system is 
functioning properly. The proposed test procedure specifies that the 
test bus will be subjected to a series of brake stops from 20, 30, 40, 
and 45 mph on a high-friction surface; from 20 mph on a low-friction 
surface; and up to 45 mph on a split-coefficient surface. The parking 
brake will be evaluated facing uphill and downhill on a ramp with a 20 
percent grade. FTA also seeks comments on whether, and, if so, how, the 
Maintainability and Noise tests should be modified to capture useful 
data related to the brake system and whether any such changes should be 
done within the regulation itself or in non-regulatory policies and 
procedures. Although it could logically be included under the Safety 
test category, FTA proposes to incorporate the brake performance test 
within the existing Performance test category, as specified by SAFETEA-
LU. The proposed test procedure specifies that all brake performance 
tests will be performed with the bus loaded to gross vehicle weight.

Emissions Test Procedure

    The proposed draft Emissions Testing Procedure is available for 
review in the docket (see ADDRESSES). The detailed emissions testing 
procedure has not been finalized, pending setup of the laboratory 
facility. However, the proposed draft Emissions Testing Procedure is 
based on 40 CFR Part 86--``Emissions Regulations for New Otto-Cycle and 
Diesel Heavy-Duty Engines;

[[Page 56783]]

Gaseous and Particulate Exhaust Test Procedures'' and 40 CFR Part 
1065--``Engine Testing Procedures,'' as well as the Society of 
Automotive Engineers (SAE) Recommended Practice SAE J2711. The 
Emissions test will be conducted at the Bus Testing Facility using an 
emissions testing laboratory equipped with a chassis dynamometer 
capable of both absorbing and applying power. The emissions of those 
exhaust constituents regulated by the United States Environmental 
Protection Agency (EPA) for transit buses, plus carbon dioxide 
(CO<INF>2</INF>) and methane (CH<INF>4</INF>), will be measured as the 
bus is operated over industry-standard driving cycles specified in the 
test procedure. FTA proposes that mileage accumulated by a bus while 
operating on the dynamometer during emissions testing will be counted 
toward the ``other'' miles that must be accumulated during durability 
testing. Under the proposed test procedure, the dynamometer would be 
set to simulate curb weight plus one-half of the full seated load for 
the particular bus under test, in order to be consistent with the 
above-cited industry standard emissions measurement protocols and to 
facilitate direct comparisons with emissions measurements collected 
outside the Bus Testing Program. FTA also seeks comments on the merits 
of performing the emissions tests with the chassis dynamometer set to 
simulate gross vehicle weight, which would generally be expected to 
represent the ``worst case'' for emissions, seated load weight, which 
may result in emissions measurements closer to a typical case (and 
which would be consistent with the Performance and Fuel Economy tests, 
which are currently performed at seated load weight), or a different 
weight. FTA also seeks comments on whether, and if so, how, the 
Maintainability test should be modified to capture useful data related 
to the emissions control system and whether any such changes should be 
made within the regulation itself or in non-regulatory policies and 
procedures. FTA proposes to add the Emissions test as a separate, 
eighth, test category.

Applicability and Phase-In

    FTA proposes that the date on which a bus' testing contract was 
signed will determine the applicability of the brake performance and 
Emissions tests. Models whose testing contracts were signed before the 
effective date of this regulation and that continue to be produced 
without major changes in any structure or systems will not be required 
to return to the Bus Testing Center to undergo brake performance and 
emissions testing. Bus Testing contracts signed before the effective 
date of the rule will not need to include brake performance or 
emissions testing.
    Buses whose full or partial testing contracts are signed on or 
after the effective date of this regulation will be subject to brake 
performance and emissions testing (in addition to the other testing 
requirements). That is, full testing will include the brake performance 
and Emissions tests. Partial tests triggered by major changes in any 
part of the bus will include one or both of these tests if FTA would 
reasonably expect to obtain significantly different test data. In cases 
where brake performance or emissions data have never been obtained at 
the Bus Testing Center (initially, in all cases), a change in data is 
clearly expected and these tests will be required for buses undergoing 
partial testing, even if major changes have not been made to the brake 
or emissions control systems. In addition, upon the effective date of 
the regulation, major changes made to the braking system or to the 
engine, fuel, or emissions control systems of a previously tested bus 
model will also trigger partial testing. Partial testing triggered by 
major changes to the brake or emissions control systems could also 
include other tests if FTA would reasonably expect to obtain 
significantly different data from including them.
    FTA also seeks comments on whether the Emissions test should apply 
to all vehicles subject to FTA's Bus Testing Regulation or whether any 
classes of buses should be exempted. FTA also seeks comments on whether 
its emissions testing program should begin on the effective date of 
this rule for all bus types subject to testing or whether the Emissions 
test requirement should be gradually phased in for various classes of 
bus (e.g., small or large buses), similar to the phase-in process used 
in the initial start-up of FTA's Bus Testing Program.

Partial Testing

    Partial testing provisions will continue to serve as a means to 
reduce the cost and time required for testing bus models that have 
previously completed full testing at the Bus Testing facility but that 
are subsequently produced with major changes in configuration or 
components. Consistent with current policy, partial testing 
determinations will be made on a case-by-case basis. Partial testing 
may be required when changes made to a bus are expected to produce 
significantly different data from that previously obtained at the Bus 
Testing facility.
    With regard to the brake performance test, FTA seeks comments on 
the following proposed list of examples of ``major changes'' that would 
require previously-tested buses to undergo the brake performance test:
    Examples of a major change in the brake system may include, but are 
not limited to:
    1. Change in service brake technology, e.g., changing from drum 
brakes to disc brakes, or from friction brakes to electromagnetic 
brakes;
    2. Change in brake control technology, e.g., changing the primary 
control circuit from pneumatic control to electronic or hydraulic 
control;
    3. Changes to the shoe lining, brake pad, drum, and/or rotor 
material(s) that impact the stopping performance of the bus;
    4. Changes to the brake air line plumbing that impact application 
timing;
    5. The addition or major modification of advanced control 
algorithms that utilize the service brakes, e.g., rollover and yaw 
stability programs, collision warning systems, or advanced cruise 
control systems; and/or
    6. Adding, deleting, or making major changes to a regenerative 
braking system.
    With regard to the Emissions test, FTA seeks comments on the 
following proposed list of examples of ``major changes'' that would 
require previously-tested buses to undergo the Emissions test:
    Examples of a major change in the engine, fuel system, or emissions 
control system may include, but are not limited to:
    1. A change to a different engine model;
    2. A major change in calibration of the engine, transmission, or 
hybrid system;
    3. A change to a different type of fuel; and/or
    4. A major change in the engine-out emissions or emissions control 
system, such as addition, deletion, or substantial modification of in-
cylinder combustion control, exhaust gas recirculation, or 
aftertreatment devices.

Reporting Procedures

    Data from the brake performance test will be reported in the 
Performance section of the Bus Testing Report (full or partial, as 
appropriate) for a bus model. Data from the Emissions test will be 
reported in a new Emissions section of the Bus Testing Report (full or 
partial, as appropriate) for a bus model. Data from these tests will 
also be available on the interactive Bus Testing Database accessible at 
http://www.altoonabustest.com.

[[Page 56784]]

    FTA also seeks comments on how to present data collected from the 
brake performance and Emissions tests better in the Bus Testing Reports 
as well as in the Bus Testing Database. FTA also welcomes comments on 
how to present the data from any of the eight test categories more 
effectively.

Other Proposed Changes

    FTA seeks comments on the following changes that are not specified 
by statute but which may improve the functioning of the program, 
enhance its value, or clarify existing provisions.

Service Life Category

    Section 665.11(e) of FTA's Bus Testing Regulation gives general 
guidance on the types of buses that fall into each service life 
category. However, Section 665.11(f) states, ``Tests performed in a 
higher service life category (i.e., longer service life) need not be 
repeated when the same bus model is used in lesser service life 
applications.'' Consequently, over the past several years FTA has 
noticed a trend of manufacturers sometimes testing buses in a higher 
service life category than FTA had originally contemplated for buses of 
similar construction.
    FTA had hoped that this regulatory flexibility would ease burdens 
on both transit manufacturers and customers and, combined with market 
forces, would over time encourage improved durability and useful life 
of buses. Grantees have reported a downside as they find that some of 
these ``uprated'' buses cannot functionally meet their advertised 
useful service life.
    FTA seeks comments on whether it should maintain its current policy 
of allowing manufacturers to determine the useful life category in 
which their buses will be tested and expecting grantees to evaluate the 
bus testing reports carefully to assess whether the bus will in fact 
adequately meet their service life requirements. FTA also seeks 
comments on alternative policies for determining the service life 
category in which a particular bus model will be tested, such as (1) 
redefining the characteristics of buses in each service life category, 
and if that approach is taken, what those characteristics should be; 
(2) requiring manufacturers to request an official determination from 
FTA of a vehicle's service life category; or (3) providing guidance on 
the standard useful life based on type of construction but allowing 
manufacturers to test and sell in higher service life categories if 
they post a ``durability assurance'' bond or similar instrument.

Buses That Exceed Weight Limits When Fully Loaded

    FTA notes that a number of buses tested at the Bus Testing Center 
could not be operated in their fully loaded mode (i.e., with all seats 
and standee positions occupied), since doing so would have caused their 
actual weight to exceed either their gross vehicle weight ratings 
(GVWR) or a front or rear gross axle weight rating (GAWR). In these 
cases, testing ballast was removed from these buses until their actual 
measured gross and axle weights did not exceed their specified GVWR or 
GAWRs. This is necessary because State law prevents the Bus Testing 
Operator from operating buses on public roadways when loaded in excess 
of their maximum legal weight ratings. However, FTA notes that the test 
data may not then reflect the performance of these buses in actual 
service, where operators commonly disregard the legal weight limits to 
avoid leaving passengers behind at a stop. FTA seeks comments on the 
following three approaches for addressing these situations:
    1. Perform any tests that are specified in the test procedures to 
be performed at GVW on the test track (which is not a public roadway) 
with all seats and standee positions ballasted, and perform any tests 
that are specified in the test procedures to be performed at seated 
load weight (SLW) on the test track with all seats ballasted. Although 
the bus would be overloaded, the test data may be more representative 
of the conditions the bus will face in actual service. This approach 
would help to ``flag'' buses that are not adequately able to withstand 
the rigors of transit service. The Bus Testing Report would prominently 
state that certain (specified) portions of the test were performed in 
excess of the (specified) gross and/or axle weight rating(s). In 
addition, any time the bus had to be operated on public roadways, the 
manufacturer would need to pay the facility operator for the cost of 
unloading ballast to comply with the legal weight ratings, as well as 
the cost of restoring the ballast when the bus returned to the test 
track (the operator could make operational adjustments to limit, but 
probably not eliminate, the number of times this unloading/reloading 
cycle occurs). FTA also seek comments on whether manufacturers of such 
buses should pay the entire cost of this unloading/reloading activity, 
or whether this should be included in the overall testing charges for 
which manufacturers pay only 20 percent of the total. If such a policy 
is adopted, FTA also seek comments on whether it should apply to all 
transit vehicles, and if not, then how it should be applied. For 
example, dedicated paratransit vehicles may require a large open floor 
area to allow wheelchair maneuvering, and would not normally be 
operated with a full load of standee passengers. Alternatively, FTA 
seeks comments on whether the definition for ``gross weight'' could be 
revised to address such situations, and what the ramifications of such 
a change in definition might be.
    2. Continue the operator's current practice of deleting ballast 
until the bus is within legal weight limits, but place a more prominent 
notice in the Bus Testing Report stating that the bus will exceed its 
maximum GVWR and/or GAWR with all passenger positions occupied, and 
alerting readers that the testing data may not be representative of the 
bus' actual in-service durability.
    3. Decline to test a bus that exceeds its GAWR or GVWR when loaded 
to full capacity according to the test procedure.

Family of Vehicles

    FTA seeks comments on whether it is appropriate to expand its 
existing ``Family of Vehicles'' policy to the 7-year (or higher) 
service life categories. The existing Family of Vehicles policy is 
limited to buses in the 4-year and 5-year service life categories only, 
and allows manufacturers that have tested a complete bus built on one 
third-party chassis to offer variants of that bus body on a different 
(but similar) mass-produced chassis that has been tested at the Bus 
Testing Center on any bus by any other bus manufacturer. FTA seeks 
comments on the desirability and ramifications of extending the family 
of vehicles policy to all buses built on third party chassis.

Separate Reporting of Third-Party Chassis Test Results

    While the law authorizing the Bus Testing Program (49 U.S.C. 5318) 
treats buses as integrated systems, FTA's Family of Vehicles policy 
described in the previous paragraph would be easier to implement and 
understand if the Bus Testing Center were to produce separate testing 
reports for third-party chassis. These reports could be prepared by 
identifying, separating out, and summarizing only the chassis-related 
data during tests of buses built on third-party chassis. However, the 
Bus Testing Center operator has expressed concern that in past 
experience, a significant number of buses are tested on modified third-
party chassis, and these modifications, even if performed in strict 
compliance with the

[[Page 56785]]

manufacturer's guidelines, would frustrate comparisons of data on 
third-party chassis. FTA seeks comments on the desirability of 
preparing separate test reports for third-party chassis that are tested 
in the course of testing complete buses built on those chassis. FTA 
also seeks comments on any practical considerations that may need to be 
addressed or difficulties that may be presented, as well as the best 
ways to separate and report data on third-party chassis. Finally, FTA 
seeks comments on how the costs of this additional reporting should be 
borne.

FTA Evaluation/Recommendation of Bus Models

    A number of FTA grantees have asked for issuance of a ``pass/fail'' 
determination for buses in the Bus Testing Reports. Experience has 
shown that the level of bus performance required varies among 
operators, and durability that is adequate for one transit operator may 
be inadequate for another. Therefore, it would be difficult to 
establish pass/fail thresholds in an optimal manner for all bus 
purchasers. Instead, Bus Testing Reports present data so that grantees 
can make informed decisions about the suitability of a particular bus 
model. FTA grantees have noted that state or local procurement 
provisions requiring selection of the low bidder sometimes result in 
the acquisition of less suitable buses, and that a Bus Testing Report 
``pass/fail'' system might provide a basis to remove an inadequate bus 
model from consideration. FTA seeks comments on whether the Bus Testing 
Reports should include a ``pass/fail'' criterion or a ``recommended/
not-recommended'' determination, and if so, how thresholds for such 
determinations should be established. Alternatively, FTA seeks comments 
on improved ways to enhance the presentation of data in the reports 
(e.g., by presenting data graphically) so that information for 
decision-making is more readily apparent and better informs local 
decisions.

Section by Section Analysis

Section 665.1 Purpose

    The long-past phase-in date has been removed.

Section 665.3 Scope

    The references have been updated, and a list of long-past phase-in 
dates has been removed.

Section 665.5 Definitions

    FTA proposes to add new definitions for the terms automotive, 
[full] bus testing report, curb weight, emissions, emissions control 
system, engine-out emissions, final acceptance, gross weight, hybrid, 
parking brake, partial testing report, regenerative braking system, 
retarder, seated load weight, service brake(s), and tailpipe emissions. 
FTA uses these terms in its test procedures, and frequently uses these 
terms in its determinations of testing requirements for new and 
modified bus models; however, the regulation previously did not define 
the terms. FTA also proposes to replace the existing term mass-produced 
chassis with the term third-party chassis, defined as a commercially 
available chassis whose design, manufacturing, and quality control are 
performed by an entity independent of the final stage bus manufacturer. 
FTA feels that this definition more accurately captures the 
characteristics of these chassis. Several other definitions are 
consequently modified to substitute the term third-party chassis for 
the term mass-produced chassis, and the definition for non-mass-
produced chassis or van is deleted. FTA notes that when the existing 
Bus Testing Regulation was written, the term mass-produced chassis, 
defined as production in excess of 20,000 units annually, applied to 
only two brands of chassis that were appropriate for and typically only 
used in the 4-year (i.e., light) and 5-year (i.e., medium-light) 
service life categories. This was a means of giving relief to small bus 
manufacturers that used these high-volume commercial chassis. However, 
in the 18 years since the regulation was written, the industry has 
evolved, and now there are several manufacturers of buses using 
commercial chassis in the medium-light through medium-heavy-duty bus 
categories. These chassis are produced in significant numbers, and 
although some may not reach the threshold of 20,000 units annually, 
most if not all are produced using mass-production techniques.
    FTA seeks comment on whether its definitions of original equipment 
manufacturer (OEM) and modified third-party chassis or van are still 
current with regard to vehicles used in transit service. FTA is aware 
that many third parties who modify OEM vehicles are themselves 
considered manufacturers for purposes of National Highway Traffic 
Safety Administration (NHTSA) regulations, depending upon the scope of 
the modifications and whether or not they were undertaken prior to 
first retail sale. Although most of NHTSA's regulations refer generally 
to ``manufacturers,'' NHTSA distinguishes between incomplete vehicle 
manufacturers, intermediate manufacturers, final stage manufacturers, 
and alterers (see 49 CFR Part 567 for definitions). Depending on the 
roles each of these entities plays with regard to a vehicle, they may 
all be considered manufacturers and, accordingly, have some 
responsibilities with regard to certification of compliance and any 
necessary safety recalls under the laws NHTSA administers. These 
distinctions are relevant only with regard to vehicles with which more 
than one manufacturer is involved prior to the first retail sale. 
``OEM'' is not actually defined in NHTSA's rules, but NHTSA sometimes 
uses the term to refer to major vehicle manufacturers (some rules use 
the term to refer to manufacturers of motor vehicle equipment that is 
used in new vehicles). FTA seeks comment on whether it would be 
appropriate to continue to regard such a vehicle as ``modified'' by a 
third party if the third party is regarded as an OEM in its own right 
and the modified vehicle is regarded as separate and distinct from the 
vehicle upon which it is based.
    FTA proposes to modify the definition for unmodified third-party 
(formerly mass-produced) chassis by deleting the statement, ``A bus 
chassis modified by the addition of a tandem or tag axle is not 
considered an unmodified third-party chassis,'' because this procedure 
will either be prohibited (most likely), or permitted within strict 
limits, by the OEM's modification guidelines.
    References to the term mass transportation have been changed to 
public transportation in conformance with SAFETEA-LU, the obsolete 
definition for FT Act has been deleted, and several other minor edits 
are proposed to improve clarity. FTA seeks comments on these proposed 
new or revised definitions of terms in Part 665.

Section 665.7 Grantee certification of compliance

    FTA is not proposing any changes in policy or procedure, however, 
the text of this section has been revised to clear up ambiguity and 
remove the long-past phase-in date. While the proposed regulation still 
permits grantees to receive the Test Report just prior to final 
acceptance, FTA continues to recommend strongly that grantees carefully 
review and assess the applicable Bus Testing Report(s) before 
committing to purchasing a particular bus model.

Section 665.11 Testing requirements

    The list of full tests in Section 665.11(b) is expanded by 
including

[[Page 56786]]

braking performance and Emissions tests. FTA proposes to delete the 
second sentence in Section 665.11(f), which stated, ``However, the use 
of a bus model in a service life application higher than it has been 
tested for may make the bus subject to the bus testing requirements.'' 
FTA policy has consistently been that a bus may not be offered in a 
higher service life category than it has been tested in (but a bus 
manufacturer may re-test a bus model in a higher service life category 
if the manufacturer believes it is appropriate to do so). Additional 
minor edits are proposed for the sake of consistency and clarity. FTA 
seeks comments on these changes, and also seeks comments on whether the 
guidance on certain characteristics of buses typical of each service 
life category should be retained or modified.

Section 665.13 Test report and manufacturer certification

    FTA proposes several minor edits in this section for clarity, and 
to acknowledge that many buses are acquired through a dealer rather 
than directly from the manufacturer. FTA also proposes to change the 
reference to the ``owner of the test report'' in section 665.13(d) to 
read ``bus manufacturer.'' While the manufacturer can control whether 
the report is released to the public (e.g., the manufacturer decides 
that the bus model will not compete for FTA-funded procurements), the 
reports are owned by the U.S. Government on behalf of the public.

Section 665.21 Scheduling

    This section is revised to remove the regulatory specification of a 
name, address, and phone number of the Bus Testing Program Operator, 
and replace it with a link to a website with contact information and 
scheduling procedures.

Section 665.23 Fees

    FTA is not proposing any changes to the text of the regulation 
itself, although the operator's fee schedule referenced in the 
regulation will be amended to include the new fees proposed for the 
brake performance and emissions tests. FTA supports continuation of the 
operator's policy that in cases of pro-rating the test fee due to early 
withdrawal of a bus under test, the manufacturer's 20% share of the 
test fee is applied toward testing costs before the 80% FTA share is 
applied. The operator's unchanged schedule of fees for the existing 
tests and its proposed schedule of fees for the additional brake 
performance and emissions tests are available for review in the docket 
(see ADDRESSES).

Section 665.25 Transportation of vehicle

    FTA is not proposing any changes.

Section 665.27 Procedures during testing

    FTA is proposing to remove the current paragraphs (a) and (b) which 
are already addressed elsewhere in the regulation. The procedures for 
determining which tests shall be performed are addressed in section 
665.21(b)(3), and the apportionment of the testing fee due to the 
manufacturer's withdrawal of a bus from the bus testing program is 
currently addressed in section 665.23(b).

Appendix A to Part 665--Tests To Be Performed at the Bus Testing 
Facility

    The paragraph describing the Performance test is modified to add a 
description of the proposed braking performance test. A new paragraph 
describing the proposed Emissions test has been added. The introductory 
paragraph has been edited accordingly. Where applicable, the 
descriptions have been edited to conform to the actual test procedures 
currently in use, speculative comments in the original 19-year-old text 
have been deleted, the descriptions have been changed from the future 
to the present tense, and unnecessary details (e.g., weights or speeds, 
which are described in the actual test procedures) have been removed.

Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    Executive Order 12866 and DOT Regulatory Policies and Procedures. 
This NPRM is a nonsignificant regulatory action under section 3(f) of 
Executive Order 12866 and, therefore, was not reviewed by the Office of 
Management and Budget. This NPRM is also nonsignificant under the 
Regulatory Policies and Procedures of the Department of Transportation 
(44 FR 11034, Feb. 26, 1979). This NPRM imposes minor compliance costs 
on the regulated industry. FTA, however, will pay 80% of any 
incremental testing costs.

B. Executive Order 13132

    This NPRM has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This NPRM 
does not include any regulation that has substantial direct effects on 
the States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.

C. Executive Order 13175

    This NPRM has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this NPRM does 
not have tribal implications and does not impose direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

D. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each 
agency to analyze regulations and proposals to assess their impact on 
small businesses and other small entities to determine whether the rule 
or proposal will have a significant economic impact on a substantial 
number of small entities. Although this NPRM imposes new costs, those 
costs are not significant and are 80 percent paid for by FTA. 
Therefore, FTA believes that this proposal does not require further 
analysis under the Regulatory Flexibility Act. FTA requests public 
comment on whether the proposals contained in this NPRM will have a 
significant economic impact on a substantial number of small entities.

E. Unfunded Mandates Reform Act of 1995

    This NPRM does not propose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. If the proposals are adopted into a NPRM, 
it will not result in costs of $100 million or more (adjusted annually 
for inflation), in the aggregate, to any of the following: State, 
local, or Native American tribal governments, or the private sector.

F. Paperwork Reduction Act

    This NPRM proposes no new information collection requirements.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document may be used to cross-reference this action with the 
Unified Agenda.

[[Page 56787]]

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), requires Federal agencies to consider the 
consequences of major federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. There are no significant environmental impacts associated 
with this NPRM.

I. Privacy Act

    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comments (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
www.regulations.gov.

List of Subjects

    Buses, Grant programs--transportation, Public transportation, Motor 
vehicle safety, Reporting and recordkeeping requirements.
    For the reasons stated in the preamble, the Federal Transit 
Administration proposes to amend 49 CFR Part 665 as set forth below:

Title 49--Transportation

PART 665--BUS TESTING

    1. The authority citation for Part 665 is revised to read as 
follows:

    Authority: 49 U.S.C. 5318 and 49 CFR 1.51.

    2. Revise Part 665 to read as follows:

PART 665--BUS TESTING

Subpart A--General
Sec.
665.1 Purpose.
665.3 Scope.
665.5 Definitions.
665.7 Grantee certification of compliance.
Subpart B--Bus Testing Procedures
665.11 Testing requirements.
665.13 Test report and manufacturer certification.
Subpart C--Operations
665.21 Scheduling.
665.23 Fees.
665.25 Transportation of vehicle.
665.27 Procedures during testing.

Appendix A to Part 665--Tests To Be Performed at the Bus Testing 
Facility

Subpart A--General


Sec.  665.1  Purpose.

    An applicant for Federal financial assistance under the Federal 
Transit Act for the purchase or lease of buses with funds obligated by 
the FTA shall certify to the FTA that any new bus model acquired with 
such assistance has been tested in accordance with this part. This part 
contains the information necessary for a recipient to ensure compliance 
with this provision.


Sec.  665.3  Scope.

    This part shall apply to an entity receiving Federal financial 
assistance under 49 U.S.C. 5307, 5309, 5310, or 5311.


Sec.  665.5  Definitions.

    As used in this part--
    Administrator means the Administrator of the Federal Transit 
Administration or the Administrator's designee.
    Automotive means that the bus is not continuously dependent on 
external power or guidance for normal operation. Intermittent use of 
external power or guidance shall not automatically relieve a bus of its 
automotive character or requirement for Bus Testing.
    Bus means a rubber-tired automotive vehicle used for the provision 
of public transportation service by or for a recipient.
    Bus model means a bus design or variation of a bus design usually 
designated by the manufacturer by a specific name and/or model number.
    Bus testing facility means a testing facility established by 
renovation of a facility constructed with Federal assistance at 
Altoona, Pennsylvania, under section 317(b)(1) of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987, and 
includes test track facilities operated in connection with the 
facility.
    Bus testing report, also full bus testing report, means a complete 
test report for a bus model, documenting the results of performing the 
complete set of bus tests on a bus model.
    Curb weight means the weight of the empty, ready-to-operate bus 
plus driver and fuel.
    Emissions means the components of the engine tailpipe exhaust that 
are regulated by the United States Environmental Protection Agency 
(EPA), plus carbon dioxide (CO<INF>2</INF>) and methane 
(CH<INF>4</INF>).
    Emissions control system means the components on a bus whose 
primary purpose is to minimize regulated emissions before they reach 
the tailpipe exit. This definition does not include components that 
contribute to low emissions as a side effect of the manner in which 
they perform their primary function (e.g., fuel injectors or combustion 
chambers).
    Engine-out emissions means the emissions coming out of the engine 
before they are changed, captured, or otherwise affected by the 
emissions control system.
    Final acceptance means that a recipient has released the FTA-
provided funds to a bus manufacturer or dealer in connection with a bus 
procurement.
    Gross weight (gross vehicle weight) means the curb weight of the 
bus plus passengers simulated by adding 150 pounds of ballast to each 
seating position and 150 pounds for each 1.5 square foot of free floor 
space.
    Hybrid means a propulsion system that combines two power sources, 
at least one of which is capable of capturing, storing, and re-using 
energy.
    Major change in chassis design means, for vehicles manufactured on 
a third-party chassis, a change in frame structure, material or 
configuration, or a change in chassis suspension type.
    Major change in components means:
    (1) For those vehicles that are not manufactured on a third-party 
chassis, a change in a vehicle's engine, axle, transmission, 
suspension, or steering components;
    (2) For those that are manufactured on a third-party chassis, a 
change in the vehicle's chassis from one major design to another.
    Major change in configuration means a change that is expected to 
have a significant impact on vehicle handling and stability or 
structural integrity.
    Modified third-party chassis or van means a vehicle that is 
manufactured from an incomplete, partially assembled third-party 
chassis or van as provided by an OEM to a small bus manufacturer. This 
includes vehicles whose chassis structure has been modified to include: 
a tandem or tag axle; a drop or lowered floor; changes to the GVWR from 
the OEM rating; or other modifications that are not made in strict 
conformance with the OEM's modifications guidelines.
    New bus model means a bus model that--
    (1) Has not been used in public transportation service in the 
United States before October 1, 1988; or
    (2) Has been used in such service but which after September 30, 
1988, is being produced with a major change in configuration or a major 
change in components.
    Operator means the operator of the bus testing facility.
    Original equipment manufacturer (OEM) means the original 
manufacturer of a chassis or van supplied as a complete or incomplete 
vehicle to a bus manufacturer.
    Parking brake means a system that prevents the bus from moving when

[[Page 56788]]

parked by preventing the wheels from rotating.
    Partial test(ing) report means a report documenting, for a 
previously-tested bus model that is produced with major changes, the 
results of performing only that subset of the complete set of bus tests 
in which significantly different data would reasonably be expected as a 
result of the changes made to the bus from the configuration documented 
in the original full bus testing report. A partial testing report is 
not valid unless accompanied by the corresponding full Bus Testing 
Report.
    Partial testing means the performance of only that subset of the 
complete set of bus tests in which significantly different data would 
reasonably be expected compared to the data obtained in previous full 
testing of the baseline bus model at the bus testing facility.
    Public transportation service means the operation of a vehicle that 
provides general or special service to the public on a regular and 
continuing basis.
    Recipient means an entity that receives funds under 49 U.S.C. 5307, 
5309, 5310, or 5311, either directly from FTA or through a State 
administering agency.
    Regenerative braking system means a system that decelerates a bus 
by recovering its kinetic energy for on-board storage and subsequent 
use.
    Retarder means a system other than the service brakes that slows a 
bus by dissipating kinetic energy.
    Seated load weight means the weight of the bus plus driver, fuel, 
and seated passengers simulated by adding 150 pounds of ballast to each 
seating position.
    Service brake(s) means the primary system used by the driver during 
normal operation to reduce the speed of a moving bus and to allow the 
driver to bring the bus to a controlled stop and hold it there. Service 
brakes may be supplemented by retarders or by regenerative braking 
systems.
    Small bus manufacturer means a secondary market assembler that 
acquires a chassis or van from an original equipment manufacturer for 
subsequent modification or assembly and sale as 5-year/150,000-mile or 
4-year/100,000-mile minimum service life vehicle.
    Tailpipe emissions means the exhaust constituents actually emitted 
to the atmosphere at the exit of the vehicle tailpipe or corresponding 
system.
    Third party chassis means a commercially available chassis whose 
design, manufacturing, and quality control are performed by an entity 
independent of the bus manufacturer.
    Unmodified mass-produced van means a van that is mass-produced, 
complete and fully assembled as provided by an OEM. This shall include 
vans with raised roofs, and/or wheelchair lifts, or ramps that are 
installed by the OEM, or by a party other than the OEM provided that 
the installation of these components is completed in strict conformance 
with the OEM modification guidelines.
    Unmodified third-party chassis means a third-party chassis that 
either has not been modified, or has been modified in strict 
conformance with the OEM's modification guidelines.


Sec.  665.7  Grantee certification of compliance.

    (a) In each application to FTA for the purchase or lease of any new 
bus model, or any bus model with a major change in configuration or 
components to be acquired or leased with funds obligated by the FTA, 
the recipient shall certify that the bus was tested at the bus testing 
facility. The recipient shall receive the appropriate full bus testing 
report and any applicable partial testing report(s) before final 
acceptance of the first vehicle by the recipient.
    (b) In dealing with a bus manufacturer or dealer, the recipient 
shall be responsible for determining whether a vehicle to be acquired 
requires full testing or partial testing or has already satisfied the 
requirements of Part 665.

Subpart B--Bus Testing Procedures


Sec.  665.11  Testing requirements.

    (a) A new bus model to be tested at the bus testing facility 
shall--
    (1) Be a single model;
    (2) Meet all applicable Federal Motor Vehicle Safety Standards, as 
defined by the National Highway Traffic Safety Administration in Part 
571 of this title; and
    (3) Be substantially fabricated and assembled using the techniques, 
tooling, and materials that will be used in production of subsequent 
buses of that model.
    (b) If the new bus model has not previously been tested at the bus 
testing facility, then the new bus model shall undergo the full tests 
requirements for Maintainability, Reliability, Safety, Performance 
including braking performance, Structural Integrity, Fuel Economy, 
Noise, and Emissions;
    (c) If the new bus model has not previously been tested at the bus 
testing facility and is being produced on a third-party chassis that 
has been previously tested on another bus model at the bus testing 
facility, then the new bus model may undergo partial testing 
requirements;
    (d) If the new bus model has previously been tested at the bus 
testing facility, but is subsequently manufactured with a major change 
in chassis or components, then the new bus model may undergo partial 
testing.
    (e) The following vehicle types shall be tested:
    (1) Large-size, heavy-duty transit buses (approximately 35'-40' in 
length, as well as articulated buses) with a minimum service life of 12 
years or 500,000 miles;
    (2) Medium-size, heavy-duty transit buses (approximately 30' in 
length) with a minimum service life of ten years or 350,000 miles;
    (3) Medium-size, medium duty transit buses (approximately 30' in 
length) with a minimum service life of seven years or 200,000 miles;
    (4) Medium-size, light duty transit buses (approximately 25'-35' in 
length) with a minimum service life of five years or 150,000 miles; and
    (5) Other light duty vehicles such as small buses and regular and 
specialized vans with a minimum service life of four years or 100,000 
miles.
    (f) Tests performed in a higher service life category (i.e., longer 
service life) need not be repeated when the same bus model is used in 
lesser service life applications.
    (g) The operator of the bus testing facility shall develop a test 
plan for the testing of vehicles at the facility. The test plan shall 
follow the guidelines set forth in Appendix A of this Part.


Sec.  665.13  Test report and manufacturer certification.

    (a) Upon completion of testing, the operator of the facility shall 
provide the resulting test report to the entity that submitted the bus 
for testing.
    (b)(1) A manufacturer or dealer of a new bus model or a bus 
produced with a major change in component or configuration shall 
provide a copy of the corresponding full bus testing report and any 
applicable partial testing report(s) to a recipient during the point in 
the procurement process specified by the recipient, but in all cases 
before final acceptance of the first bus by the recipient.
    (2) A manufacturer who releases a report under paragraph (b)(1) of 
this section also shall provide notice to the operator of the facility 
that the report is available to the public.
    (c) If a bus model subject to a bus testing report has a change 
that is not a major change under this Part, the manufacturer or dealer 
shall advise the recipient during the procurement process and shall 
include a description of the change and the manufacturer's

[[Page 56789]]

basis for concluding that it is not a major change.
    (d) A bus testing report shall be available publicly once the bus 
manufacturer makes it available during a recipient's procurement 
process. The operator of the facility shall have copies of all the 
publicly available reports available for distribution.
    (e) The bus testing report is the only information or documentation 
that shall be made publicly available in connection with any bus model 
tested at the bus testing facility.

Subpart C--Operations


Sec.  665.21  Scheduling.

    (a) To schedule a bus for testing, a manufacturer shall contact the 
operator of FTA's Bus Testing Program. Contact information and 
procedures are available on the operator's Bus Testing Web site, http://www.altoonabustest.com.
    (b) Upon contacting the operator, the operator shall provide the 
manufacturer with the following:
    (1) A draft contract for the testing;
    (2) A fee schedule; and
    (3) The draft test procedures that will be conducted on the 
vehicle.
    (c) The operator shall provide final test procedures to be 
conducted on the vehicle at the time of contract execution.
    (d) The operator shall process vehicles for testing in the order in 
which the contracts are signed.


Sec.  665.23  Fees.

    (a) The operator shall charge fees in accordance with a schedule 
approved by FTA, which shall include different fees for partial 
testing.
    (b) Fees shall be prorated for a vehicle withdrawn from the bus 
testing facility before the completion of testing.


Sec.  665.25  Transportation of vehicle.

    A manufacturer shall be responsible for transporting its vehicle to 
and from the bus testing facility at the beginning and completion of 
the testing at the manufacturer's own risk and expense.


Sec.  665.27  Procedures during testing.

    (a) The operator shall perform all maintenance and repairs on the 
test vehicle, consistent with the manufacturer's specifications, unless 
the operator determines that the nature of the maintenance or repair is 
best performed by the manufacturer under the operator's supervision.
    (b) The manufacturer shall be permitted to observe all tests. The 
manufacturer shall not provide maintenance or service unless requested 
to do so by the operator.

Appendix A to Part 665--Tests To Be Performed at the Bus Testing 
Facility

    The eight tests to be performed on each vehicle are required by 
SAFETEA-LU and are based in part on tests described in the FTA 
report ``First Article Transit Bus Test Plan,'' which is mentioned 
in the legislative history of section 317 of STURAA. When 
appropriate, Society of Automotive Engineers (SAE) test procedures 
and other procedures accepted by the transit industry will be used. 
The eight tests are described in general terms in the following 
paragraphs.

1. Maintainability

    The Maintainability test should include bus servicing, 
preventive maintenance, inspection, and repair. It also should 
include the removal and reinstallation of the engine and drive train 
components that would be expected to require replacement during the 
bus's normal life cycle. Much of the maintainability data should be 
obtained during the bus durability test at the test track. Up to 
twenty-five percent of the bus life should be simulated and 
servicing, preventive maintenance, and repair actions should be 
recorded and reported. These actions should be performed by test 
facility staff, although manufacturers should be allowed to maintain 
a representative on site during the testing. Test facility staff may 
require a manufacturer to provide vehicle servicing or repair, under 
the supervision of the facility staff. Because the operator will not 
become familiar with the detailed design of all new bus models that 
are tested, tests to determine the time and skill required to remove 
and reinstall an engine, a transmission, or other major propulsion 
system components may require advice from the bus manufacturer. All 
routine and corrective maintenance should be carried out by the test 
operator in accordance with the manufacturer's specifications.
    The Maintainability test report should include the frequency, 
personnel hours, and replacement parts or supplies required for each 
action during the test. The accessibility of selected components and 
other observations that could be important to a bus user should be 
included in the report.

2. Reliability

    Reliability should not be a separate test, but should be 
addressed by recording all bus failures and breakdowns during 
testing. It is recognized that with one test bus it is not feasible 
to conduct statistical reliability tests. The detected bus failures, 
repair time, and the actions required to return the bus to operation 
should be recorded in the report.

3. Safety

    The Safety test should consist of a handling and stability test. 
The handling and stability test should be an obstacle avoidance or 
double-lane change test performed at the test track. Bus speed 
should be held constant throughout a given test run. Individual test 
runs should be made at increasing speeds up to a specified maximum 
or until the bus can no longer be operated safely over the course, 
whichever speed is lower. Both left- and right-hand lane changes 
should be tested.

4. Performance

    The Performance test should be performed on the test track and 
should measure acceleration, maximum speed attained, gradeability, 
and braking. The bus should be accelerated at full throttle from a 
full stop to maximum safe speed on the track. The gradeability 
capabilities should be measured when starting from a full stop on a 
steep grade, and supplemented by calculating gradeability based on 
the acceleration data. The functionality and performance of the 
service, regenerative (if applicable), and parking brake systems 
should be evaluated at the test track. The test bus should be 
subjected to a series of brake stops from specified speeds on high, 
low, and split-friction surfaces. The parking brake should be 
evaluated with the bus parked facing both up and down a steep grade.

5. Structural Integrity

    Two complementary Structural Integrity tests should be 
performed. Structural Strength and Distortion tests should be 
performed at the Bus Testing Center, and the Structural Durability 
test should be performed at the test track.

a. Structural Strength and Distortion Tests

    (1) A shakedown of the bus structure should be conducted by 
loading and unloading the bus with a distributed load equal to 2.5 
times the load applied for the gross weight portions of testing. The 
bus should then be unloaded and inspected for any permanent 
deformation on the floor or coach structure. This test should be 
repeated a second time, and should be repeated up to one more time 
if the permanent deflections vary significantly between the first 
and second tests.
    (2) The bus should be loaded to gross vehicle weight, with one 
wheel on top of a curb and then in a pothole. This test should be 
repeated for all four wheels. The test verifies:
    (a) Normal operation of the steering mechanism and (b) 
Operability of all passenger doors, passenger escape mechanisms, 
windows, and service doors. A water leak test should be conducted in 
each suspension travel condition.
    (3) Using a load-equalizing towing sling, a static tension load 
equal to 1.2 times the curb weight should be applied to the bus 
towing fixtures (front and rear). The load should be removed and the 
two eyes and adjoining structure inspected for damages or permanent 
deformations.
    (4) The bus should be towed at curb weight with a heavy wrecker 
truck for several miles and then inspected for structural damage or 
permanent deformation.
    (5) With the bus at curb weight probable damages and clearance 
issues due to tire deflating and jacking should be assessed.
    (6) With the bus at curb weight possible damages or deformation 
associated with lifting the bus on a two post hoist system or 
supporting it on jack stands should be assessed.

b. Structural Durability

    The Structural Durability test should be performed on the 
durability course at the test track, simulating twenty-five percent 
of the

[[Page 56790]]

vehicle's normal service life. The bus structure should be inspected 
regularly during the test, and the mileage and identification of any 
structural anomalies and failures should be reported in the 
Reliability test.

6. Fuel Economy

    The Fuel Economy test should be conducted using duty cycles that 
simulate transit service. This test should measure the fuel economy 
of the bus in miles per gallon or other energy-equivalent units.
    The Fuel Economy test should be designed only to enable FTA 
recipients to compare the relative fuel economy of buses operating 
at a consistent loading condition on the same set of typical transit 
driving cycles. The results of this test are not directly comparable 
to fuel economy estimates by other agencies, such as the U.S. 
Environmental Protection Agency (EPA) or for other purposes.

7. Noise

    The Noise test should measure interior noise and vibration while 
the bus is idling (or in a comparable operating mode) and driving, 
and also should measure the transmission of exterior noise to the 
interior while the bus is not running. The exterior noise should be 
measured as the bus is operated past a stationary measurement 
instrument.

8. Emissions

    The Emissions test should measure tailpipe emissions of those 
exhaust constituents regulated by the United States Environmental 
Protection Agency (EPA) for transit bus emissions, plus carbon 
dioxide (CO<INF>2</INF>) and methane (CH<INF>4</INF>), as the bus is 
operated over specified driving cycles. The Emissions test should be 
conducted using an emissions testing laboratory equipped with a 
chassis dynamometer capable of both absorbing and applying power.
    The Emissions test is not a certification test, and is designed 
only to enable FTA recipients to compare the relative emissions of 
buses operating on the same set of typical transit driving cycles. 
The results of this test are not directly comparable to emissions 
measurements obtained by other agencies, such as the EPA, for other 
purposes.

    Issued on: September 24, 2008.
Sherry E. Little,
Deputy Administrator.

[FR Doc. E8-22913 Filed 9-29-08; 8:45 am]
BILLING CODE 4910-57-P


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