[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Rules and Regulations]
[Pages 51083-51092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23818]
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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: Final rule.
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SUMMARY: This final rule amends the Federal Transit Administration's
(FTA's) bus testing regulation to incorporate brake performance and
emissions tests into FTA's bus testing program to comply with statutory
changes. To improve the program, this final rule also republishes the
existing regulation to incorporate several updates that will enhance
the program's value and respond to changes in the bus manufacturing
industry and to bring it into conformity with statutory language.
DATES: This rule is effective January 1, 2010.
[[Page 51084]]
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:
Background
On September 30, 2008, the Federal Transit Administration (FTA)
published a notice of proposed rulemaking (NPRM) in the Federal
Register (73 FR 56781) that discussed proposals to incorporate brake
performance and emissions tests into FTA's bus testing program as
required by 49 U.S.C. Section 5318, as amended by the Safe,
Accountable, Flexible, Equitable Transportation Efficiency Act: a
Legacy for Users (SAFETEA-LU) (Pub. L. 109-59). These changes required
by statute included a brake performance test procedure and an emissions
test procedure.
The NPRM also sought comments on a number of other proposed ways to
update the regulation to improve the functioning of the program,
enhance its value, and clarify possible ambiguities in the existing
regulation. These proposed changes, which were not required by statute,
but were intended to improve the program, addressed issues related to:
(1) The determination of service life category; (2) testing of buses
that exceed weight limits when fully loaded; (3) clarification of FTA's
``Family of Vehicles'' policy; (4) separate reporting of third-party
chassis test results; and, (5) the inclusion of an FTA evaluation or
recommendation of bus models in bus testing reports.
Comments Received
FTA received a total of five comments--one from a major industry
trade association consisting of more than 1,500 public and private
members, one from a large public transit agency, a third from a
manufacturer trade association representing almost 700 companies making
motor vehicle components, the fourth from a manufacturer of large
heavy-duty transit buses, and the fifth from an engineering consulting
firm that provides consulting and test equipment for heavy-duty
vehicles and brake systems.
Section-by-Section Analysis of Specific Comments
1. Brake Performance Test Procedure
FTA proposed that a test bus would 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 would be evaluated facing uphill
and downhill on a ramp with a 20 percent grade. FTA also sought
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 through non-regulatory testing protocols and
procedures.
FTA proposed to incorporate the brake performance test within the
existing performance test category, as specified by SAFETEA-LU. The
proposed test procedure specified that all brake performance tests
would be performed with the bus loaded to gross vehicle weight, for
which a definition would be provided in the revised 49 CFR Section
665.5.
A. Comments Received
FTA received comments on the proposed braking performance test from
all respondents. Most of the comments received pertained to details of
the sub-regulatory test procedures that would be used to conduct the
braking performance test; for example, recommending that FTA measure
brake system temperatures by the installation of thermocouples in the
brake linings rather than the proposed use of a non-contacting digital
thermometer.
A few comments referred to differences between the draft FTA test
procedures and the procedures specified in Federal Motor Vehicle Safety
Standard (FMVSS) 121. For example, FTA's proposed test procedure
assumes that the brakes would be adequately burnished following
completion of the gross-vehicle-weight portion of the structural
durability test, while FMVSS 121 specifies a detailed brake burnishing
procedure. Another comment noted that some buses may not be able to
climb the 20 percent slope parking brake testing hill or may not be
able to clear the hill's transition ramps, and questioned what the
testing options would be in such situations. This commenter also asked
who would be responsible if a bus is damaged on the brake testing
slope.
B. FTA Response
Since the regulation is only intended to outline the tests that
would be performed in general terms, specific details of the sub-
regulatory test procedures are not appropriate to address in the
regulation itself. Instead, FTA will consider each of the comments
received as we work with the facility operator to finalize the brake
testing procedures.
With regard to consistency between FMVSS 121 certification and the
bus testing program, FTA reiterates that its bus testing program is not
a certification test. Rather, its purpose is to provide data that can
facilitate grantees' comparisons of various transit bus models and
provide indications of whether the contemplated bus model is suitable
for a grantee's intended application. Therefore, it is not necessary
for the bus testing program to replicate the test procedures in FMVSS
121. FTA believes that the operation on the test track and occasional
operation on roadways between the Altoona Bus Testing Center and the
Test Track Facility in State College should be adequate to produce a
realistic real-world level of brake burnishing prior to conducting the
brake performance tests. However, because this aspect of the test
procedure will not be established by regulation, FTA will work with the
bus testing facility operator to verify that its proposed burnishing
procedure is adequate, or add additional steps to the procedure if that
is determined to be necessary.
With regard to the concerns that buses may have difficulty
navigating the test slope, the slope was designed to replicate
conditions that could be encountered in a transit bus environment, so
most if not all buses should be able to negotiate it without
difficulty. In rare cases where clearance is inadequate, the operator
can likely devise a workaround, perhaps such as filling in the concave
transition at the bottom of the slope with temporary ramps or gravel.
In the unlikely event that a bus has inadequate torque at the driving
wheels to climb the 20 percent slope, then potential customers will
likely want to know that limitation. If a bus is unable to navigate the
ascent in order to complete the brake test, a bus could be assisted
into position using a tow truck.
The operator has existing procedures in place to address damages
that may occur to buses at the testing facility. These procedures will
apply to any damages that may occur on the brake testing slope.
2. Emissions Test Procedure
FTA proposed a draft emissions test procedure based on 40 CFR part
86--``Emissions Regulations for New Otto-Cycle and Diesel Heavy-Duty
Engines; Gaseous and Particulate Exhaust Test Procedures'' and 40 CFR
part 1065--``Engine Testing Procedures,'' as well as the Society of
Automotive Engineers
[[Page 51085]]
(SAE) Recommended Practice, SAE J2711.
FTA proposed using an emissions testing laboratory equipped with a
chassis dynamometer capable of both absorbing and applying power. FTA
proposed measuring the emissions of exhaust constituents regulated by
the United States Environmental Protection Agency (EPA) for transit
buses, plus carbon dioxide (CO2) and methane
(CH4), as the bus is operated over industry-standard driving
cycles specified in the test procedure. FTA proposed that mileage
accumulated by a bus while operating on the dynamometer during
emissions testing would 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 fully seated load for the particular bus being tested.
This approach would be consistent with the above-cited industry
standard emissions measurement protocols and will facilitate direct
comparisons with emissions measurements collected outside the bus
testing program. FTA also sought 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 sought 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 testing policies and procedures
administered by the testing facility. FTA proposed to add the emissions
test as a separate, eighth, test category.
A. Comments Received
The transit operator and the transit industry association both
suggested that FTA test emissions at gross vehicle weight in order to
shed light on the ``worst case'' emissions that might be produced by a
bus model. These commenters also recommended that FTA measure emissions
at a bus's tailpipe rather than at its engine. The bus manufacturer
suggested that FTA's emissions testing procedure should be consistent
with other accepted methodologies in order to facilitate comparisons
with other sources of emissions data.
B. FTA Response
FTA considered testing emissions at gross vehicle weight, but
decided to test buses at curb weight plus one-half of the seated load
weight in order to achieve greater consistency with industry-standard
methods for emissions testing. FTA initially proposed to, and still
intends to, measure bus emissions at the tailpipe exit rather than at
the engine exhaust ports. Any confusion regarding the measurement site
probably arose from the NPRM's proposed new definition of ``Engine-Out
Emissions,'' which will not be used in the final rule, and, therefore,
has been removed.
3. Applicability and Phase-In
FTA proposed that the date on which a bus testing contract was
signed would 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 would not be required
to return to the Bus Testing Center to undergo brake performance and
emissions testing. Buses for which full or partial testing contracts
are signed on or after the effective date of this regulation would be
subject to brake performance and emissions testing (in addition to the
other testing requirements).
FTA also sought 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. In addition, we asked for comments
on whether the 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.
A. Comments Received
The large transit operator agreed with FTA's proposal that
emissions testing should begin on the effective date of the final rule,
and any new buses should be required to meet the regulations in effect
at the time of manufacture. The bus manufacturer stated that a single-
stage bus manufacturer certifying to FMVSS 121 should not be required
to undergo additional testing, and adding additional performance tests
not consistent with FMVSS 121 could raise suspicions of non-compliance
without adding to safety or reliability. The bus manufacturer also
expressed concerns that partial testing evaluations could subject a bus
model to an undue number of additional tests, particularly when it may
impact bus delivery schedules.
B. FTA Response
Because none of the commenters directly responded to FTA's
inquiries whether a categorical exemption for certain classes of
vehicles and whether a gradual phase-in period was necessary, FTA will
proceed with the plan outlined in the NPRM: Every bus model for which a
full or partial bus testing contract is signed after the effective date
of this final rule will be subject to brake performance and emissions
testing, without a phase-in period or exemptions for specific
categories of vehicles.
With regard to the suggestion that certification with FMVSS 121
exempt a vehicle from additional brake testing, FTA believes that a
simple certification of compliance with FMVSS 121 does not exempt a
vehicle from the braking test. Although aware that every vehicle
operating on public roads must certify compliance with FMVSS, Congress
nevertheless mandated that FTA establish the bus testing program,
specifically adding a braking performance test, while giving FTA no
statutory authority to exempt vehicles that certified compliance with
FMVSS 121 or any other FMVSS requirement. Moreover, FTA's bus testing
program consists of actual tests, while FMVSS compliance is met by the
signing of a certificate of compliance.
FTA does not believe that the addition of braking performance and
emissions testing will unduly delay delivery schedules. Under the
existing regulation a bus subject to testing as a new model bus or as a
modified model bus must be physically delivered to Altoona and must
spend a predictable number of days at the testing facility. The
addition of braking and emissions testing would add a maximum of 24
working hours to the time presently required at the test facility. When
contrasted to the 60 or more days a heavy-duty model bus would spend at
the test facility for a full test, an additional three business days
would not significantly delay delivery schedules and perhaps could even
be accounted for in a manufacturer's proposed delivery schedule.
4. Partial Testing
Under the current rule, partial testing is permitted when a
previously-tested bus model undergoes changes in configuration or
components that are
[[Page 51086]]
expected to produce significantly different data from that previously
obtained at the Bus Testing Facility. These partial testing
determinations are made on a case-by-case basis, using criteria set
forth in the June 28, 1992, final rule that established partial testing
(57 FR 33394). FTA sought comment on changes that could trigger partial
testing for the brake performance and emissions tests.
A. Comments Received
The only commenter, a large bus manufacturer, did not address FTA's
request for substantive comments. This commenter only stated that FTA
needed to implement a policy that would provide faster responses to
partial testing determinations.
B. FTA Response
Without substantive input from commenters, FTA will continue to
make requests for partial testing determinations on a case-by-case
basis. To provide additional guidance to purchasers, manufacturers, and
vendors, FTA has posted its partial testing guidelines on its bus
testing Web site. Manufacturers seeking formal letters of determination
must wait for FTA to conduct its case-by-case analysis.
5. Reporting Procedures
FTA sought comment on how to better present data collected from the
brake performance and emissions tests in the bus testing reports as
well as in the bus testing database. FTA also welcomed comments on how
to present more effectively the data from any of the eight test
categories.
A. Comments Received
None of the commenters provided comment on this request.
B. FTA Response
FTA will continue using the standard test report procedure, adding
braking performance and emissions as additional categories to the test
reports. FTA may make changes to the test report format and/or emphasis
in the future in order to present bus testing data more clearly and
effectively.
Other Changes
6. Service Life Category
FTA sought comments on whether it should maintain its current
requirement of allowing manufacturers to determine the useful life
category in which their buses would be tested. In addition, FTA asked
for comment on whether it should continue to expect grantees to
evaluate the bus testing reports carefully to assess whether the bus
will in fact adequately meet its service life requirements.
FTA also sought comments on alternative policies for determining
the service life category in which a particular bus model would 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.
A. Comments Received
All three commenters on this subject supported the retention of the
current FTA requirement. The manufacturer of large buses stated that it
is the purchaser's responsibility to review the test report and
determine whether the vehicle is adequate to meet their needs. The
trade association and transit operator also supported this approach and
added that manufacturers should provide proof to the operator that the
bus will meet the standards of the higher service life category. The
transit operator proposed additional language that would provide the
customer a ``durability assurance bond'' or similar instrument that
would cover the vehicle's advertised useful standard life.
B. FTA Response
Based on the response from commenters, FTA does not believe that
altering the current procedures is warranted. Although manufacturers
may continue to select the appropriate service life category for
testing, FTA believes that well-informed purchasers are the best
safeguard--to that point, bus purchasers are advised to seek adequate
assurances from the vendor in the form of extended warranties or
contractual assurances that the vehicle will meet its advertised
service life.
7. Buses That Exceed Weight Limits When Fully Loaded
In the NPRM, FTA made note of the fact that a number of buses
tested at the Bus Testing Center have not been tested in their fully
loaded condition (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).
FTA noted that the test data might not reflect the actual
performance of these buses in real-life service, where operators
frequently allow all seats and aisles to be filled without regard to
the GVWR or GAWR to avoid leaving passengers behind at a stop. FTA
sought comments on the following three approaches for addressing these
situations:
1. Require that any tests specified in the test procedures be
performed at gross vehicle weight (GVW) on the test track (which is not
a public roadway) with all seats and standee positions ballasted, and
require any tests specified in the test procedures 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.
2. Continue the current practice of deleting ballast until the bus
is within its GVWR/GAWR, but place a more prominent notice in the bus
testing report stating that the bus will exceed its maximum GVWR/GAWR
with all passenger positions occupied, and alert readers that the test
data may not be representative of the vehicle's actual in-service
durability.
3. Decline to test a bus that exceeds its GAWR or GVWR when loaded
to full capacity.
A. Comments Received
Three commenters--the large industry trade association, the large
transit agency, and the large bus manufacturer--supported continuing
with the current practice outlined under Option 2, noting its
practicability. The transit operator suggested testing a vehicle at its
GVW on the test track, regardless of the vehicle's GVWR. The
manufacturers' association supported Option 3, proposing that FTA
decline to test any vehicle that exceeded its GVWR.
FTA also received unsolicited suggestions from two commenters,
recommending that FTA increase the simulated ballast weight from the
currently-used 150 pounds per passenger cited in the new definitions of
``gross vehicle weight'' and ``seated load weight'' proposed in the
NPRM, to 170 pounds per passenger to reflect the increasing average
weight of Americans over the last several decades.
B. FTA Response
FTA finds that declining to test a vehicle whose GVW exceeds its
GVWR is impractical, noting that the entire purposes of the bus testing
program is to carry out the legislative mission of
[[Page 51087]]
verifying that the bus can withstand the rigors of regular transit
service. Similarly, testing a bus up to its GVWR but no higher, despite
the inability to embark the equivalent of a full complement of
passengers, is unrealistic and contrary to the intent of Congress in
establishing the program. Buses frequently fill every available seat
during rush-hour, and commonly allow ``crush loads'' of standees in the
aisle.
Therefore, the final rule will require buses to be ballasted with a
fully loaded passenger complement of seated and standee passengers
during the gross vehicle weight portion and with all seats filled
during the seated load weight portion of the testing. If the vehicle
exceeds its GVWR, the bus will be tested in that condition only on the
operator's non-public testing facilities unless and until the operator
receives an exemption to operate the vehicle on public roads. Data on
how a bus performs under full load conditions is essential to the
purchaser, to support acquisition decisions, development of preventive
maintenance schedules, and budgeting for unscheduled maintenance.
The suggestion to increase the average passenger weight is well
taken, and currently, the U.S. Department of Transportation is
considering this subject in the context of all modes of transportation:
air, surface, and water. It is quite possible the Department will seek
to establish higher value for average passenger weight. If so, FTA
would initiate a new rulemaking to amend Part 665 accordingly. FTA will
consult with the Department on this subject in the very near future.
8. Family of Vehicles
FTA sought comments on whether it would be 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 closely-related variants (such as
different lengths) of that bus body on the same or different (but
similar) mass-produced chassis that has been tested at the Bus Testing
Center on any similar bus by any bus manufacturer. FTA sought comments
on the desirability and ramifications of extending the Family of
Vehicles policy to all buses built on third-party chassis
A. Comments Received
The large industry trade association opposed the proposal, stating
that the 4- and 5-year buses are used differently than the larger
vehicles, and that such a proposal would increase prices without
increasing the quality of the vehicles. The large transit agency also
recommended that FTA keep its current requirement, noting that the 4-
and 5-year buses are not used in standard transit service.
B. FTA Response
Given the lack of support among commenters for the proposed
expansion of the concept, FTA is retaining its Family of Vehicles
policy for 4- and 5-year buses and will not expand it to include buses
used in higher service life categories.
9. Separate Reporting of Third-Part Chassis Test Results
Although Section 5318 directs that buses are to be tested as an
integrated system, FTA's Family of Vehicles policy described in the
previous paragraphs would be easier to implement and understand if the
Bus Testing Center were able 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. The Bus Testing Center
operator 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
manufacturer's guidelines, would frustrate comparisons of data on
third-party chassis. Therefore, FTA sought comments on the feasibility
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 sought 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 sought comments on how the costs of this additional reporting would
be borne.
A. Comments Received
FTA received two comments on this proposal--one from the large
trade association, another from the large transit agency. The transit
agency recommended preparation of separate third-party test reports,
with costs to be negotiated between the chassis maker and purchasers.
The trade association similarly commented that the costs should be
negotiated, but did not address whether separate chassis reports are
desirable.
B. FTA Response
Because the design, engineering, and manufacturing, and quality
control of third-party chassis are the same regardless of the final
customer, there may be little differentiation in test data when a
particular third-party chassis is used on similar buses built by
multiple bus manufacturers. FTA believes that some of the test data
obtained from testing a vehicle using a third-party chassis already can
be extrapolated to similar buses built on the same chassis through the
partial testing process.
The regulation's existing partial testing provisions permit partial
testing of previously tested bus models that are subsequently produced
with changes in configuration or components, requiring additional
testing only where significant changes in data are expected, including
changes in chassis components, such as engines, axles, suspensions, and
powertrains. Under these partial testing procedures, if a manufacturer
of a fully-tested vehicle wants to offer that same vehicle using a
different but already-tested third-party chassis, FTA will require only
those tests where significant changes in data are expected--expecting
that data intrinsic to the chassis can be extrapolated from the
previous bus testing report using that chassis. The current process
reduces the costs and testing requirements; however, to increase
convenience and clarity for bus purchasers, FTA will continue to
explore the feasibility of issuing separate test reports for third-
party chassis.
10. FTA Evaluation/Recommendation of Bus Models
In response to a number of informal suggestions received in the
past that FTA issue ``pass/fail'' determinations for buses in the bus
testing reports, FTA sought comments in the NPRM 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 sought 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 decision-making.
A. Comments Received
FTA received two comments on this subject--one from a bus
manufacturer, and one from an equipment manufacturers association. The
bus
[[Page 51088]]
manufacturer stated that FTA should not make pass/fail determinations,
noting that it should be the customer's prerogative and responsibility.
The equipment manufacturer association stated that FTA should establish
pass/fail criteria, at least for braking criteria.
B. FTA Response
FTA found the dearth of comments regarding the establishment of
pass/fail criteria disappointing, based on pre-rulemaking comments from
the presumed beneficiaries of pass/fail criteria, namely, the transit
agencies that purchase the vehicles. FTA sought substantive comments on
possible criteria and thresholds. In the absence of comments supporting
such an approach, FTA will not proceed with establishing pass/fail
criteria at this time. FMVSS 121 already includes pass/fail criteria
for braking performance, so a separate criterion in the bus testing
reports is not necessary and could be confusing.
11. Scope
Paragraph 665.3 is being amended to bring it into statutory
conformity. Section 317 of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 initially limited applicability of
the bus testing program to recipients of FTA funding under the former
sections 3, 9, 16(b)(2), and 18 programs. Paragraph 3023(c) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users amended 49 USC 5318, paragraph (e), to extend the bus
testing requirement to all new bus models acquired with funds under 49
USC Chapter 53. The statutory change is not significant, as practically
all buses subject to the testing requirements are acquired with funds
authorized under one of those four programs.
Regulatory Analyses and Notices
All comments received are available for examination in the docket
at http://www.regulations.gov. All comments have been fully considered
in this final rule.
A. Statutory/Legal Authority for This Rulemaking
This rulemaking is issued under the authority of 49 U.S.C. 5318, as
amended by section 3020 of SAFETEA-LU (Pub. L. 109-59).
B. Executive Order 13132: Federalism
Executive Order 13132 requires agencies to assure meaningful and
timely input by State and local officials in the development of
regulatory policies that may have a substantial, direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. This final action has been analyzed in
accordance with the principles and criteria contained in Executive
Order 13132, and FTA has determined that this final action will not
have sufficient federalism implications to warrant additional
consultation. FTA has also determined that this final action will not
preempt any State law or State regulation or affect the States' ability
to discharge traditional governmental functions.
C. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 requires agencies to assure meaningful and
timely input from Indian tribal government representatives in the
development of rules that ``significantly or uniquely affect'' Indian
communities and that impose ``substantial and direct compliance costs''
on such communities. FTA has analyzed this final rule under Executive
Order 13175 and believes that this final action will not have
substantial, direct effects on one or more Indian tribes; will not
impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal laws. Therefore, a tribal
impact statement is not required. FTA received no comments on the NPRM
from Indian tribal governments.
D. Regulatory Flexibility Act and Executive Order 13272: Proper
Consideration of Small Entities in Agency Rulemaking
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
and Executive Order 13272, FTA must consider whether a proposed rule
would have a significant economic impact on a substantial number of
small entities. ``Small entities'' include small businesses, not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations under 50,000. FTA certifies that this final rule will not
have a significant economic impact on substantial number of small
entities.
E. Executive Order 12866 and DOT Regulatory Policies and Procedures
FTA has determined that this action is not considered a significant
regulatory action under Executive Order 12866 and the Regulatory
Policies and Procedures of the Department of Transportation (44 FR
11032). Executive Order 12866 requires agencies to regulate in the
``most cost-effective manner,'' to make a ``reasoned determination that
the benefits of the intended regulation justify its costs,'' and to
develop regulations that ``impose the least burden on society.''
Although some of the changes made by this rule are statutorily
mandated, FTA anticipates that the direct economic impact of this
rulemaking will be minimal and has actively sought to minimize the bus
testing burden, including the continued availability of partial testing
procedures.
This final rule also clarifies existing regulatory requirements
that will not adversely affect, in any material way, any sector of the
economy. In addition, these changes will not interfere with any action
taken or planned by another agency and will not materially alter the
budgetary impact of any entitlements, grants, user fees, or loan
programs.
F. Unfunded Mandates Reform Act of 1995
This final rule will not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48).
This final rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of
$128.1 million or more in any one year (2 U.S.C. 1532).
G. Executive Order 13211: Energy Effects
FTA has analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use dated May 18, 2001, and determined that this is
not a significant energy action under that order, because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, a Statement of Energy
Effects is not required.
H. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no person is required to
respond to a collection of information unless it displays a valid OMB
control number. This final rule does not propose any new information
collection burdens.
I. Regulation Identifier Number (RIN)
The U.S. DOT assigns a regulation identifier number (RIN) 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
[[Page 51089]]
document may be used to cross-reference this action with the Unified
Agenda.
J. 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 view the U.S.
DOT Privacy Act Statement by visiting http://docketsinfo.dot.gov/ or at
65 FR 19477 (April 11, 2000).
List of Subjects in 49 CFR Part 665
Buses, Grant programs--transportation, Motor vehicle safety, Public
transportation, Reporting and recordkeeping requirements.
0
For the reasons stated in the preamble, the Federal Transit
Administration revises 49 CFR part 665 to read as follows:
PART 665--BUS TESTING
Subpart A--General
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
Authority: 49 U.S.C. 5318 and 49 CFR 1.51.
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. Chapter 53.
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 the bus testing facility established by
the Secretary of Transportation, 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 that 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).
Final acceptance means that a recipient has released the FTA-
provided funds to a bus manufacturer or dealer in connection with bus
procurement.
Gross weight, also 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 standing position
(assumed to be each 1.5 square feet 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
parked by preventing the wheels from rotating.
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.
Partial testing report, also partial test 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 full bus
testing report for the corresponding baseline bus configuration.
Public transportation service means the operation of a vehicle that
provides
[[Page 51090]]
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.
Chapter 53, 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 this part.
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 the appendix to 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 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.
[[Page 51091]]
(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 prorated 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: normal operation of
the steering mechanism; and 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 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,
[[Page 51092]]
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, which are
used for other purposes.
Peter M. Rogoff,
Administrator.
[FR Doc. E9-23818 Filed 10-2-09; 8:45 am]
BILLING CODE 4910-57-P