[Federal Register: June 5, 1998 (Volume 63, Number 108)] [Proposed Rules] [Page 30678-30694] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05jn98-42] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 49 CFR Part 350 [FHWA Docket No. FHWA-98-3611] Development of Functional Specifications for Performance-based Brake Testers Used To Inspect Commercial Motor Vehicles AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Request for comments. ----------------------------------------------------------------------- SUMMARY: The FHWA is requesting public comment concerning the development of functional specifications for performance-based brake testing machines purchased with Federal funds through the FHWA's Motor Carrier Safety Assistance Program (MCSAP). The FHWA is nearing the completion of a multi-year research program to evaluate prototype performance-based brake testing technologies, including roller dynamometers, flat-plate brake testers, breakaway torque brake testers, an on-board electronic decelerometer, and an infrared brake temperature measurement system. To date, the FHWA has determined that certain performance-based brake testing machines are eligible for funding under MCSAP, but only as screening and sorting devices in commercial vehicle inspections. The FHWA is requesting public comments on generic functional specifications that would be applicable to a range of brake testing technologies. The States would use the functional specifications as guidelines to determine whether the purchase of a specific brake tester would be an eligible expense item under the MCSAP. DATES: Comments must be received on or before August 4, 1998. ADDRESSES: Submit written, signed comments to the docket identified at the beginning of this notice, the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. All comments received will be available for examination at the above address from 10 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped envelope or postcard. FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Vehicle and Operations Division, Office of Motor Carrier Research and Standards, (202) 366-4009; or Mr. Steve Keppler, Intelligent Transportation Systems--Commercial Vehicle Operations Division, Office of Motor Carrier Safety and Technology, (202) 366-0950, or Mr. Charles E. Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway Administration, 400 Seventh Street, SW., Washington, D. C. 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: [[Page 30679]] Electronic Access Internet users can access all comments received by the U.S. DOT Dockets, Room PL-401, by using the universal resource locator (URL): http://dms.dot.gov. It is available 24 hours each day, 365 days each year. Please follow the instructions online for more information and help. An electronic copy of this document may be downloaded using a modem and suitable communications software from the Government Printing Office's Electronic Bulletin Board Service at (202) 512-1661. Internet users may reach the Federal Register's home page at: http:// www.nara.gov/fedreg and the Government Printing Office's database at: http://www.access.gpo.gov/nara. Background In 1993, the FHWA initiated a research program to evaluate various performance-based brake testing technologies for application to commercial motor vehicles. The purpose of the program was to determine, through field-test data collection, if performance-based brake inspection technologies could improve, or assist with the throughput and accuracy of, the current inspection techniques which involve visual examination of components, measurement of push-rod travel on air-braked vehicles, and listening for air leaks. Following the completion of the first task of the program, in which various performance-based technologies were analyzed, several of the technologies were selected for evaluation in a roadside field-test. During the field tests, inspections were performed using both visual and performance-based methods to compare their ability to detect vehicle brake defects. In particular, a Commercial Vehicle Safety Alliance (CVSA) Level 4 inspection (consisting of the brake and tire portion of a Level 1 inspection) was conducted in addition to a performance-based brake test. The dual inspections were performed by State officials in each of ten States (Colorado, Connecticut, Indiana, Maryland, Minnesota, Nevada, Ohio, Oregon, West Virginia, Wisconsin) that volunteered to participate in the field test program. The data collected from these dual inspections were tabulated and correlations were sought between Federal Motor Carrier Safety Regulations (FMCSRs) violations, the North American Uniform Vehicle Out-of-Service Criteria used by officials in the United States, Canada, and Mexico, and various pass/fail criteria used by manufacturers of performance-based technology. In addition to the performance-based brake ``failure'' information, data relating to the operational characteristics of each prototype machine were also collected and evaluated. These data included setup and tear down times, vehicle inspection times, maintenance requirements, user friendliness, calibration procedures and results, operator skill-level requirements and information to generate a cost-benefit analysis. A key source of data was the interviews (performed by the researchers) with State inspectors. The preliminary findings from the first phase of the prototype brake testing program are documented in an interim report, ``Evaluation of Performance-Based Brake Testing Technologies,'' December 1995, FHWA- MC-96-004. A copy of this report has been placed in the docket and may be obtained by contacting one of the individuals listed at the beginning of this notice. The interim report presents findings based upon approximately one year of data from roller dynamometers used in Colorado and Ohio, and a flat plate tester in Minnesota. The first phase of the brake testing program also included an evaluation of an on-board decelerometer, and an infrared brake temperature measurement system. The evaluations of these technologies did not involve a year-long data collection effort. The evaluation of the decelerometer was conducted using Indiana school buses that were undergoing annual summer inspections. Use of this technology in roadside inspections appears impractical. The logistics are difficult and the majority of the vehicles tested would be loaded with cargo in transit--few commercial motor vehicle drivers would be willing to perform panic stops in other than emergency situations because of the potential damage to their cargo. The evaluation of the infrared brake temperature measurement system was conducted in Oregon. Since criteria for using infrared technology for detecting faulty brakes had not yet been developed, the field-test data were collected and analyzed to determine whether any correlation could be made between the brake temperature data and the inspection results. West Virginia is currently participating in the field test evaluation of a roller dynamometer, Wisconsin is collecting data on a flat-plate tester, and Maryland and Nevada are collecting data on breakaway torque testers. Connecticut participated in the testing of a roller dynamometer for several months, but elected to discontinue its involvement in the research program. The final report on the research program will be published later this year. In addition to research involving State agencies, the FHWA is also working with motor carrier fleets to provide the private sector with the opportunity to learn about the performance-based brake testing technologies and determine whether the use of the technologies would benefit their maintenance programs. Determination of Eligibility for MCSAP Funding On April 1, 1996, the FHWA issued a memorandum advising agency staff that two specific performance-based brake testing machines are eligible for funding under MCSAP. On March 11, 1997, the FHWA issued another memorandum announcing the eligibility for funding of a third performance-based brake testing machine. Copies of the memoranda are in the docket. The memoranda indicated that the devices are prototypes, and are approved for screening and sorting purposes only. This means that States may request MCSAP funding to purchase one of the approved brake testers for use in screening or sorting vehicles at inspection sites. Vehicles failing the brake performance test would have to be inspected to determine the reason for the poor test results. Generally, motor carriers cannot be cited for brake-related violations of the FMCSRs solely on the basis of the results from a performance-based brake tester. Currently, citations are based upon the specific defects or deficiencies found during the in-depth inspection. The FHWA is considering whether to the develop pass/fail criteria for braking force that could be implemented by Federal and State officials using performance-based brake testing technologies. As inspection criteria or regulations are developed through the rulemaking process, the use of the performance-based brake testing machines could be expanded to include enforcement of the new Federal brake performance standards. The new standards would be an alternative to the 32.2 kilometers per hour (20 miles per hour) stopping-distance test currently specified in 49 CFR 393.52, but rarely enforced by Federal and State officials because of the difficulty in performing such tests at the roadside. If performance-based standards are developed through the rulemaking process, the States would be able to issue citations based upon the output (e.g., brake force, brake balance, deceleration, etc.) from the brake testers. The development of pass/fail criteria for braking force in commercial motor [[Page 30680]] vehicles is being considered for rulemaking and comments are not being requested on the topic at this time. Public Meeting On December 8, 1997, the FHWA held a public meeting at the National Highway Traffic Safety Administration's (NHTSA) Vehicle Research and Test Center to discuss the development of functional specifications for performance-based brake testers. A notice announcing the meeting was published in the Federal Register on November 13, 1997 (62 FR 60817). In addition to the FHWA and NHTSA, the following companies were represented at the public meeting: Battelle; B & B Automotive; B & G Technologies, Inc; Dennis National Lease; Hicklin Engineering; Hunter Engineering Company; Gooch Brake; MGM Brakes; Motion Control Industries, Inc.; Nepean Engineering Pty. Ltd.; Radlinski & Associates, Inc.; and Truckalyser Canada, Inc. Most of the participants at the public meeting were either manufacturers of performance-based brake testers or distributors of such devices. The participants reviewed a draft of the functional specifications presented in the appendix to this notice. The comments from the participants have been incorporated to the extent practicable. Request for Comments The FHWA is requesting comments from all interested parties on the functional specifications in the appendix to this notice. Although participants at the public meeting provided very helpful comments, the agency is requesting additional comments through this notice to ensure that all interested persons who were unable to attend the public meeting have an opportunity to comment on this subject. All comments received before the close of business on the comment closing date indicated above will be considered and will be available for examination in the docket room at the above address. Comments received after the comment closing date will be filed in the docket and will be considered to the extent practicable, but the FHWA may adopt, and publish in the Federal Register, final functional specifications at any time after the close of the comment period. In addition to late comments, the FHWA will also continue to file in the docket relevant information that becomes available after the comment closing date, and interested persons should continue to examine the docket for new material. Authority: 49 U.S.C. 31136, 31502; and 49 CFR 1.48. Issued on: May 20, 1998. Kenneth R. Wykle, Federal Highway Administrator. BILLING CODE 4910-22-P [[Page 30681]] [GRAPHIC] [TIFF OMITTED] TP05JN98.021 [[Page 30682]] [GRAPHIC] [TIFF OMITTED] TP05JN98.022 [[Page 30683]] [GRAPHIC] [TIFF OMITTED] TP05JN98.023 [[Page 30684]] [GRAPHIC] [TIFF OMITTED] TP05JN98.024 [[Page 30685]] [GRAPHIC] [TIFF OMITTED] TP05JN98.025 [[Page 30686]] [GRAPHIC] [TIFF OMITTED] TP05JN98.026 [[Page 30687]] [GRAPHIC] [TIFF OMITTED] TP05JN98.027 [[Page 30688]] [GRAPHIC] [TIFF OMITTED] TP05JN98.028 [[Page 30689]] [GRAPHIC] [TIFF OMITTED] TP05JN98.029 [[Page 30690]] [GRAPHIC] [TIFF OMITTED] TP05JN98.030 [[Page 30691]] [GRAPHIC] [TIFF OMITTED] TP05JN98.031 [[Page 30692]] [GRAPHIC] [TIFF OMITTED] TP05JN98.032 [[Page 30693]] [GRAPHIC] [TIFF OMITTED] TP05JN98.033 [[Page 30694]] [GRAPHIC] [TIFF OMITTED] TP05JN98.034 [FR Doc. 98-14678 Filed 6-4-98; 8:45 am] BILLING CODE 4910-22-C