Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 56781 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground Communities affected 

Effective Modified 

Halifax County, Virginia, and Incorporated Areas 

Reedy Creek ......................... Approximately 1,400 feet downstream of Ash Avenue None +331 Unincorporated Areas of 

Halifax County. 

At confluence with Dan River ....................................... None +331 

Rocky Branch ........................ At confluence with Reedy Creek .................................. None +331 Unincorporated Areas of 

Halifax County. 

Approximately 0.4 mile upstream of Eastover Road ... None +346 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

Unincorporated Areas of Halifax County 

Maps are available for inspection at Halifax County GIS Department, 134 South Main, Halifax, VA 24558. 

Spokane County, Washington, and Incorporated Areas 

Argonne Creek ...................... Approximately 1,300 feet downstream of N Maringo 

Drive.

None +1922 Unincorporated Areas of 

Spokane County. 

Approximately 600 feet upstream of N Boeing Road .. None +1987 

Forker Draw .......................... Approximately at N Progress Road .............................. None +2065 Unincorporated Areas of 

Spokane County, City of 

Spokane Valley. 

Approximately 70 feet downstream of E Bigelow 

Gulch Road.

None +2336 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

#Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Spokane Valley 

Maps are available for inspection at 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA 99206. 

Unincorporated Areas of Spokane County 

Maps are available for inspection at 808 W. Spokane Falls Blvd., Spokane, WA 99201. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: September 19, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E8–22981 Filed 9–29–08; 8:45 am] 

BILLING CODE 9110–12–P 

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). 

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. 


ebenthall on PROD1PC60 with PROPOSALS
56782 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 

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: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for submitting 

comments. 

• 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. 

• 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. 

• 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, 

marcel.belanger@dot.gov. For legal 

information, Richard Wong, Office of 

the Chief Counsel (TCC), (202) 366– 

0675, richard.wong@dot.gov. 

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, batterydominant (i.e., ‘‘plug-in’’) hybridelectric 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 highfriction surface; from 20 mph on a lowfriction 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 nonregulatory 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 OttoCycle and Diesel Heavy-Duty Engines; 


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Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 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 (CO2) and methane (CH4), 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 onehalf 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 nonregulatory 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 caseby-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 previouslytested 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. 


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56784 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 

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) massproduced 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 thirdparty 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 


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Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 56785 

manufacturer’s guidelines, would 

frustrate comparisons of data on thirdparty 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 thirdparty 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 thirdparty chassis for the term massproduced 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 


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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 prorating 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. 


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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 

§ 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. 

§ 665.3 Scope. 

This part shall apply to an entity 

receiving Federal financial assistance 

under 49 U.S.C. 5307, 5309, 5310, or 

5311. 

§ 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 (CO2) and 

methane (CH4). 

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 


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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 onboard 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. 

§ 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 

§ 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. 

§ 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 


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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 

§ 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. 

§ 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. 

§ 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. 

§ 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 splitfriction 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 


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56790 Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules 

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 (CO2) and 

methane (CH4), 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 


ebenthall on PROD1PC60 with PROPOSALS