[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:
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,
[email protected]. For legal information, Richard Wong, Office of
the Chief Counsel (TCC), (202) 366-0675, [email protected].
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
(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 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 (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
[[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 (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