95-23689. Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems; Passenger Car Brake Systems  

  • [Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
    [Proposed Rules]
    [Pages 49544-49552]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-23689]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    49 CFR Part 571
    
    [Docket No. 85-6; Notice 10]
    RIN 2127-AA13
    
    
    Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems; 
    Passenger Car Brake Systems
    
    AGENCY: National Highway Traffic Safety Administration (NHTSA), 
    Department of Transportation, DOT.
    
    ACTION: Further supplemental notice of proposed rulemaking (FSNPRM).
    
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    SUMMARY: This notice proposes amendments to FMVSS Nos. 105 Hydraulic 
    Brake Systems and 135, Passenger Car Brake Systems, to accommodate 
    electric vehicles. The proposal is based on a supplemental notice of 
    proposed rulemaking (SNPRM; Notice 7) published on January 15, 1993, 
    and responds to comments submitted to that notice. Amendments of FMVSS 
    No. 105 based on this FSNPRM (Notice 10) would apply to electric 
    trucks, buses, and multipurpose passenger vehicles. They would also 
    apply to electric passenger cars which had not availed themselves of 
    the option of conforming to FMVSS No. 135, which will become mandatory 
    for all passenger cars manufactured on and after September 1, 2000.
    
    COMMENT DATE: Comments on the FSNPRM are due November 27, 1995.
    
    ADDRESSES: Comments should be addressed to Docket 85-6; Notice 10, and 
    submitted to Docket Room, NHTSA, Room 5108, 400 Seventh St. SW., 
    Washington, DC 20590.
    
    FOR FURTHER INFORMATION CONTACT: T. Droneburg, Office of Vehicle Safety 
    Standards, NHTSA (Phone: 202-366-6617; FAX: 202-366-4329).
    
    SUPPLEMENTARY INFORMATION:
    
    Table of Contents
    
    Background
    Definitions
    Partial failure
    Brake system indicator lamp
    Procedure for determining battery state of charge
    Procedures for charging batteries during burnish
    Procedures for charging batteries during performance tests
    The appropriate value for low battery charge
    Procedure for testing at full charge and low charge
    Other test conditions
    Static parking brake test
    Inoperative brake power or power assist unit
    ABS and dynamic parking brake tests
    Adhesion utilization--torque wheel method
    Proposed effective date
    Regulatory analyses
        Executive Order 12866 (Regulatory Planning and Review) and DOT 
    Regulatory Policies and Procedures
        Regulatory Flexibility Act
        Executive Order 12612 (Federalism)
        National Environmental Policy Act
        Executive Order 12778 (Civil Justice Reform)
    
    Background
    
        On January 15, 1993, NHTSA published a Supplemental Notice of 
    Proposed Rulemaking (SNPRM) concerning brake system performance of 
    electric vehicles (EVs) (Docket No. 85-6; Notice 7, 58 FR 4649). The 
    reader is referred to that notice for information on the rulemaking 
    history of electric vehicle braking, and for background discussion of 
    the proposed brake system requirements.
        Notice 7 proposed amendments to FMVSS No. 105 Hydraulic Brake 
    Systems and revised portions of a proposed FMVSS No. 135 Passenger Car 
    Brake Systems. FMVSS No. 135 has now been issued as a final rule 
    (Notice 8, 60 FR 6411), effective March 6, 1995. Passenger car 
    manufacturers, including those of EVs, have the choice of compliance 
    with either braking standard between now and September 1, 2000. At that 
    time, FMVSS No. 135 will become the sole brake standard that applies to 
    passenger cars. However, FMVSS No. 105 will continue to apply to 
    vehicles other than passenger cars. Because EVs are not restricted to 
    passenger cars, and include pickup trucks, vans, and buses, amendments 
    to FMVSS No. 105 are required to accommodate them.
        Comments on the SNPRM were received from General Motors Corporation 
    (GM), Mitsubishi Motors America Inc., American Auto Manufacturers 
    Association (AAMA), Marc Pelletier and Associates (Pelletier), PSA 
    Peugeot Citroen (Peugeot), SMH Swiss Corp. (SMH), Chrysler Corporation, 
    Ford Motor Company, ITT TEVES of Germany (ITT), BMW of North America, 
    American Honda, and Toyota.
        The comments supported the rulemaking, although Ford, Chrysler, 
    Peugeot, and Pelletier argued that it is premature at this time to 
    initiate rulemaking because of rapidly advancing technology and the 
    chance that a standard might unduly influence or stifle EV brake system 
    development and improvement. NHTSA is aware of these concerns and is 
    developing its proposals to set safety performance requirements without 
    imposing design restrictions.
        Peugeot and Pelletier were concerned with the role of regenerative 
    braking systems (RBS) in service brake performance. Both believe that 
    RBS 
    
    [[Page 49545]]
    should be allowed to contribute to determination of an EV's braking 
    ability under the FMVSS. NHTSA agrees in principle, but the agency 
    believes that certain conditions must be satisfied in order for RBS to 
    be considered to be part of the service brake system. In particular, 
    application of any service braking must be by means of the service 
    brake control (brake pedal) and there must be no means of declutching 
    or turning the RBS on and off. This subject is discussed in more detail 
    later in this notice, under the individual requirements.
        The SNPRM's preamble had stated (p. 4650) that all known EV designs 
    are equipped with antilock braking systems (ABS). Chrysler agreed that 
    this was true for present designs but that it could not be assumed that 
    all future EVs would have ABS. NHTSA does not assume that all future 
    EVs will have ABS, and the proposed amendments to both standards 
    provide for both possibilities. The subject of mandatory ABS for future 
    vehicles of all types is being treated in separate rulemaking actions 
    by the agency.
        This FSNPRM reflects refinements of the earlier Notice 7 rather 
    than presenting a different approach. These refinements are discussed 
    below. Unless otherwise indicated, the changes noted apply to both 
    FMVSS No. 105 and FMVSS No. 135.
    
    Definitions
    
        Under Notice 7, ``Maximum speed of an electric vehicle'' would be 
    determined in accordance with SAE Recommended Practice J227a Electric 
    Vehicle Test Procedure, February 1976, with the propulsion batteries at 
    not less than 90 percent of full charge at the beginning of the test 
    run.
        GM and Peugeot asked that NHTSA designate the appropriate sections 
    of SAE J227a that apply to maximum speed. Under Acceleration 
    Characteristics on a Level Road, sections 7.1 through 7.3 of SAE J227a 
    specify that the vehicle is to be accelerated from a standing start at 
    its maximum attainable, or permissible, acceleration rate until either 
    the vehicle's peak speed is reached or until a safe speed limit is 
    attained. This procedure is essentially the same as is currently 
    specified in both FMVSS 105 and 135, except that the length of the 
    roadway used for determining maximum speed is limited to 2 miles. SAE 
    J227a places no limit on the length of the roadway, and gives no 
    objective criterion for a determination that the actual maximum speed 
    has been reached.
        Upon further consideration of this issue, NHTSA has tentatively 
    decided that determination of EV maximum speed would be better 
    addressed by modification of the existing procedures than by reference 
    to portions of SAE J227a that are of doubtful objectivity. Although 
    under this FSNPRM roadway length would remain at 2 miles, the agency 
    requests comments on whether EVs are incapable of accelerating to their 
    maximum speed within 2 miles, and, if so, what greater distance would 
    be more appropriate. Commenters should also address any problems a 
    longer distance would create for existing test facilities. A sentence 
    specifying the state of battery charge would still have to be added to 
    both standards. Notice 7 proposed that the lower limit of the state of 
    charge be 90 percent; this notice increases that to 95 percent. This 
    will allow somewhat faster acceleration of the EV, and will also be 
    consistent with the state of charge proposed for the braking 
    performance tests. Accordingly, this notice proposes that a sentence 
    specifying the state of charge of the batteries for determination of 
    maximum speed be added to paragraph S5.1.1.4 of FMVSS No. 105, and to 
    the definition of ``maximum speed'' in FMVSS No. 135.
        In Notice 7's proposed definition of ``Regenerative braking system 
    (RBS)'', the propulsion motors may be used as a retarder for partial 
    braking of the vehicle in addition to the service brake system, while 
    returning electrical energy to the batteries. The phrase ``in addition 
    to the service brake system'' has been stricken in the revised proposed 
    definition to remove the implication that a regenerative braking 
    feature cannot be a part of the service brake system, following 
    consideration of comments by ITT and SMH. If the RBS is automatically 
    controlled by an application of the service brake control, and if there 
    is no means for the driver to declutch or otherwise deactivate it, and 
    if the vehicle has no ``neutral'' transmission position, then the 
    effect of the RBS is always present when the service brake control is 
    applied. In that case, NHTSA believes it reasonable to consider the RBS 
    to be part of the service brake system. Since the amount of retardation 
    provided by a RBS is dependent on the state of charge of the vehicle's 
    batteries, the service brake requirements must be met at any state of 
    charge. On the other hand, if the RBS is not controlled by the service 
    brake pedal, or if it can be disconnected or turned off when the 
    service brake control is applied, it is to be deactivated during tests 
    of the service brake system, and is considered an auxiliary braking 
    device (not part of the service brake system) for purposes of those 
    tests. A system that is automatically applied at a low level when the 
    accelerator pedal is released and applied at a higher level when the 
    brake pedal is depressed could still be considered part of the service 
    brake system, as long as the other criteria stated above are met. This 
    view of RBS is consistent with the agency's treatment of other non-
    friction braking effects, such as exhaust or driveline retarders or 
    engine braking.
        In addition, NHTSA is also proposing revising definitions that 
    already exist in the two standards, those of ``Backup system'' and 
    ``Split service brake system.'' The word ``automatically'' would be 
    added in ``Backup system'' in FMVSS No. 105 for consistency so that it 
    would be identical to the definition of the term in FMVSS No. 135. 
    ``Split service brake system'' in both standards would be amended to 
    specify that the system is ``designed so that a single failure in any 
    subsystem (such as a leakage-type failure of a pressure component of a 
    hydraulic subsystem except structural failure of a housing that is 
    common to two or more subsystems, or an electrical failure in an 
    electric subsystem) does not impair the operation of any other 
    subsystem.'' This change recognizes the possibility that vehicles may 
    be equipped with non-hydraulic subsystems, such as hydraulic on the 
    front and electric on the rear.
        NHTSA has declined to redefine ``backup system'', ``brake control 
    unit'' and ``directly controlled wheel'' as suggested by Pelletier, 
    which failed to provide reasons for its requests.
        NHTSA also declined BMW's request to define EVs to include hybrid-
    powered vehicles with RBS because the definition of EV proposed already 
    includes vehicles with ``a non-electrical source of power designed to 
    charge batteries''. This term, in NHTSA's view, includes an internal 
    combustion engine which may provide propulsion as an alternative to 
    electric power.
        Pelletier wanted additional definitions for ``compound service 
    brake system'', ``electric braking'', ``friction braking'' and 
    ``electromagnetic braking'' which had not been proposed. But the 
    commenter provided no justification for them, nor any indication where 
    they would be used in the FMVSS. Therefore, these definitions are not 
    being proposed in this notice.
        Finally, BMW questioned NHTSA's apparently interchangeable use of 
    the terms ``electric'' and ``electronic'', and recommended the term 
    ``electric'' for both. In response to this comment, NHTSA is using 
    ``electric'' where appropriate, but retaining the use of 
    
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    ``electronic'' where use of that term is more appropriate.
    
    Partial Failure
    
        With respect to the partial failure provisions that were proposed 
    to be added to FMVSS No. 105 in a new paragraph S5.1.2.3, GM and AAMA 
    commented that they could be interpreted as requiring partial failure 
    performance during a simultaneous failure of a hydraulic subsystem 
    circuit (as described in S5.1.2.1) and an electric subsystem circuit 
    (as described in proposed S5.1.2.3). In order to avoid any 
    misinterpretation these commenters recommended that S5.1.2.3 be 
    modified to clarify that the vehicle ``shall be capable of stopping 
    from 60 mph within the corresponding distance specified in Column IV of 
    Table II when there is a single failure in an electric brake circuit, 
    and with all other systems intact.'' NHTSA agrees, and S5.1.2.3 is 
    reproposed with more definitive wording.
        In addition, new wording is proposed under the partial failure 
    requirements to address failures of an RBS that is part of the service 
    brake system, since the RBS is not a separate ``circuit'' of the 
    service brake system, thus the present wording in the Standards is not 
    appropriate.
    
    Brake System Indicator Lamp
    
        Notice 7 proposed requirements in both FMVSS that brake system 
    indicator lamps must activate under certain conditions ``for a vehicle 
    with electric brake actuation'' and ``for a vehicle with electric 
    transmission of the brake control signal.''
        BMW commented that, for a failed electric-control transmission, the 
    requirement for a failure indicator should be limited to the service 
    brake system, and that indication of failures of an electric control 
    transmission of the parking brake should be left to the manufacturer. 
    NHTSA agrees. The purpose of the indicator is to evaluate the integrity 
    of the electric control transmission circuitry which, if failed, will 
    have an effect on the performance of the service brakes. Accordingly, 
    NHTSA is adding the word ``service'' to Notice 7's proposed S5.3.1 (e) 
    and (f) of FMVSS No. 105 and S5.5.1 (e) and (f) of FMVSS No. 135.
        GM, Ford, AAMA, Peugeot, BMW, and Honda recommended that failure of 
    RBS should only be indicated for EVs that depend upon RBS to meet the 
    stopping distance requirements. NHTSA disagrees, and believes that any 
    failure of a part of the service brake system should be indicated, 
    whether or not that component is required for the vehicle to meet the 
    stopping distance requirements. If a vehicle is equipped with RBS which 
    is part of the service brake system, then the failure warning 
    requirement should apply to it. The suggestion of the commenters is 
    akin to saying, for example, that if a vehicle is capable of meeting 
    the service brake stopping distance requirements with its rear brakes 
    disconnected, then there is no need to warn a driver of a failure in 
    the vehicle's rear brakes. NHTSA does not see any logic in the 
    commenters' views.
        Toyota commented that an RBS failure indicator should be amber 
    rather than red because the driver would still be able to bring the 
    vehicle safely to a stop with the hydraulic brake system. NHTSA has not 
    adopted Toyota's suggestion. The red indicator color signifies that the 
    EV's deceleration capability has decreased due to a failure in the 
    service brake system, and this is true whether the failure is in a 
    hydraulic circuit or in the RBS.
    
    Procedure for Determining Battery State of Charge
    
        NHTSA proposed that the state of charge of the propulsion batteries 
    be determined in accordance with SAE J227a Electric Vehicle Test 
    Procedure, February 1976 (S6.2.1 of FMVSS No. 105, S6.3.11.1 of 
    Standard No. 135). For clarification, this is being reproposed to 
    specify that the applicable sections of J227a are 3.2.1 through 3.2.4, 
    3.3.1 through 3.3.2.2, 3.4.1 and 3.4.2, 4.2.1, 5.2, 5.2.1, and 5.3.
    
    Procedures for Charging Batteries During Burnish
    
        Notice 7 proposed that ``[d]uring the burnish procedure, the 
    propulsion batteries may be charged by external means if the vehicle is 
    otherwise unable to complete the burnish procedure'' (proposed S6.2.2 
    of FMVSS No. 105, S6.3.11.2 of FMVSS No. 135).
        GM and AAMA believe it is important to specify clearly the battery 
    state-of-charge for the entire burnish procedure so that different 
    testers obtain the same results when evaluating a given vehicle design. 
    In their view, the state of battery charge can have a dramatic effect 
    on the amount of brake burnish that occurs in EVs, and that it is 
    especially important in EVs with regenerative braking. At the extreme, 
    it is likely that an EV performing the 200-stop burnish with no 
    regenerative braking will experience a significantly greater degree of 
    brake burnish than an EV with maximum regenerative braking. GM, 
    Chrysler and Ford recommended that the batteries be charged to 95 per 
    cent or greater capacity at 40-stop increments.
        NHTSA agrees with these comments. The burnish procedures result in 
    a maximum distance between each of the burnish stops of 1.24 miles. The 
    continuous acceleration and deceleration of a burnish procedure could 
    result in fairly extensive battery depletion after approximately 40 
    stops. Therefore, these sections are being reproposed to specify a 
    condition of 95 percent or greater battery charge after each increment 
    of 40 burnish stops. In response to comments by Ford and GM, charging 
    at a more frequent interval would be permitted during a 40-stop 
    interval if the vehicle is incapable of achieving the initial burnish 
    test speed during that particular 40-stop sequence. In addition, the 
    manufacturer would be permitted the option of recharging by external 
    means or by substituting other propulsion batteries at 95 per cent or 
    greater charge. Substitution responds to Honda's concern that the time 
    needed for recharging batteries could lead to a protracted test.
        In addition, if an EV has a manual control for setting the level of 
    regenerative braking, at the beginning of each burnish procedure the 
    control would be set to provide maximum regenerative braking throughout 
    each burnish. This proposed condition is being added at the suggestion 
    of GM which recommended specifying the setting for an RBS control that 
    is driver operated.
    
    Procedure for Charging Batteries During Performance Testing
    
        This affects proposed S6.2.3 of FMVSS No. 105 and S6.3.11.3 of 
    FMVSS No. 135. Under Notice 7, the propulsion batteries would not be 
    recharged during the road tests between burnish procedures. GM, AAMA, 
    Chrysler, Ford, and Honda, all concerned that EVs might not be capable 
    of completing the post-burnish road test sequence on a single battery 
    charge, recommended that the provisions be modified to prescribe the 95 
    percent or greater state of charge at the onset of each road test 
    procedure and to provide explicit instructions for battery recharging 
    during the road test sequence.
        NHTSA concurs with the comment that having the state of charge at 
    95 percent or greater only at the beginning of the first performance 
    test may create problems with EVs obtaining the test speeds for the 
    latter tests of the sequence, having the necessary driving range to 
    complete the tests, and being able to minimize the fluctuations in the 
    RBS. Therefore, the procedure proposed in Notice 7 is modified to 
    specify that the batteries be charged to not less than 
    
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    95 percent of capacity at the start of each road test procedure. 
    Substitution of batteries charged to not less than 95 percent of 
    capacity would be allowed as an alternative to recharging. However, no 
    further charging of the propulsion batteries would occur during the 
    performance tests themselves.
        Mitsubishi asked that the lower limit of charge of the propulsion 
    batteries at the beginning of the first brake test be changed to from 
    95 percent to 90 percent, because the high speed test is carried out at 
    not less than 90 percent of full charge, and because it believes that 
    it is difficult to distinguish a fully charged condition with an 
    accuracy of 5 percent. NHTSA does not agree with these comments. Under 
    Notice 7, the state of charge at the beginning of each test would be at 
    not less than 95 percent of full charge. By adopting this test 
    condition, NHTSA intends that the batteries be essentially at full 
    charge, and the 5 percent tolerance allows a reasonable margin for 
    accuracy of measurement.
    
    The Appropriate Value for Low Battery Charge
    
        Under Notice 7 (S6.2.6 of FMVSS No. 105, S6.3.11.6 of FMVSS No. 
    135), EVs equipped with electric brakes would perform certain specified 
    tests ``with the propulsion batteries at one percent or less of full 
    charge.'' GM, AAMA, and Chrysler commented that the proposed 1 percent 
    state of charge for an EV's propulsion batteries is far more stringent 
    than what is required to satisfy the safety need to assure the 
    efficiency of an EV's brake system as the propulsion battery charge 
    declines to minimum levels. AAMA commented that an EV in actual use 
    would never undergo all the different types of stops prescribed in the 
    standard after it reaches the threshold of immobility.
        Comments indicated that those EVs with electric brake systems have 
    the systems receiving power either from the EV's propulsion batteries, 
    or from an auxiliary battery. BMW and Chrysler also indicated that 
    automatic shut-down of the propulsion motors is usually provided to 
    avoid damaging the batteries at low charge and to provide a continuing 
    source of energy for lighting and hazard warning system flashers. 
    However, not all EVs have this automatic shut-down feature.
        This FSNPRM takes each of the above into account. For EVs equipped 
    with electric brakes powered by the propulsion batteries, at the 
    beginning of each of the specified tests, for those EVs with automatic 
    shut-down capability of the propulsion system, the propulsion batteries 
    would be not less than one percent and not more than two percent above 
    the EV actual automatic shut-down critical value. The critical value is 
    determined by measuring the state-of-charge of the propulsion 
    battery(s) at the instant that automatic shut-down occurs. For those 
    EVs with no automatic shut-down capability, the batteries would be at 
    not less than one percent and not more than two percent above the state 
    of charge at which the brake failure warning indicator is illuminated. 
    For vehicles which have an auxiliary battery(s) that provides 
    electrical energy to operate the electric brakes (whether EVs or not) 
    the auxiliary batteries would be at not less than one percent and not 
    more than two percent above the state of charge at which the brake 
    failure warning indicator is illuminated.
    
    Procedure for Testing at Full Charge and Low Charge
    
        GM thought that NHTSA should add a modified effectiveness test near 
    the end of the road test sequence, specifically, immediately after the 
    spike stop test (S7.17-FMVSS No. 105) or the recovery performance test 
    (S7.17-FMVSS No. 135). Such a test with depleted batteries could be 
    used to show that brakes operate effectively under a depleted charge 
    condition. NHTSA declines to accept this suggestion. The intent of the 
    standard is not to match real-world driving conditions, but simply to 
    assure that an EV will continue to operate safely if any one of the 
    test conditions occurs while the vehicle is in operation.
        GM also recommended that this new test be applicable to all EVs 
    rather than limiting it to EVs equipped with electric brakes as 
    proposed in the SNPRM. The justification for this suggestion is that 
    EVs with conventional hydraulic brakes could rely on electricity for 
    certain aspects of brake performance, such as power assist.
        NHTSA has decided not to propose the new test suggested by GM. 
    There is already a failed power assist test in the standard, and the 
    approach proposed satisfactorily treats the low battery charge 
    situation.
    
    Other Test Conditions
    
        GM informed NHTSA that it has found it can be difficult to achieve 
    the minimum initial brake temperatures specified in FMVSS Nos. 105 and 
    135 when relatively high levels of regenerative braking are present. GM 
    recommended that manufacturers be allowed the option of disregarding 
    the prescribed initial brake temperatures when testing EVs equipped 
    with RBS. However, GM believed that the temperatures could be achieved 
    if the agency adopted its recommendation to specify that batteries be 
    charged to 95 percent or greater at the onset of each of the road test 
    procedures. Since NHTSA has, in fact, made this change in this FSNPRM, 
    the agency does not anticipate that EVs equipped with RBS will have any 
    difficulty achieving initial brake temperatures for the road test 
    procedures.
        Peugeot was concerned that S6.3.11.5 as proposed for FMVSS No. 135 
    in Notice 7 (S6.3.13.2 of this FSNPRM) would not allow use of its 
    steering column lock to disable the EV motor for tests to be conducted 
    ``in neutral.'' The language permits the use of any means with which 
    the vehicle is equipped that disconnects the drivetrain from the 
    electric propulsion source. However, the agency would interpret that 
    language as meaning any means that is available while the vehicle is 
    being driven. A steering column key lock would only be used when the 
    vehicle is parked, and as such would not be available during driving. 
    Therefore, the vehicle would be considered to have no neutral position, 
    and would be tested accordingly.
        Comments were also received on the vehicle test condition of 
    proposed S7.7.2(e) of FMVSS No. 135. The test is conducted ``with no 
    electromotive force applied to the vehicle propulsion motor(s)''. 
    Pelletier would qualify this phrase by adding ``other than any 
    electromagnetic force that is automatically applied.'' In NHTSA's 
    opinion, this addition is unnecessary. The electromagnetic force 
    referred to is a residual force resulting from the magnetic fields 
    within the motor, and is not considered to be ``applied'' to the motor.
    
    Static Parking Brake Test
    
        Proposed S7.7.1.3 in FMVSS No. 105 and S7.12.2(o) in FMVSS No. 135 
    would add language to clarify the means for activating electric parking 
    brakes. GM believed that Notice 7's language would be restricted to 
    designs which utilize the foundation brake friction elements to provide 
    the parking brake function. It asked the agency to consider modifying 
    the requirement to read: ``[f]or vehicles with electrically activated 
    parking brakes, apply the parking brakes by activating the parking 
    brake control.'' NHTSA concurs with this suggestion and appropriate 
    changes are being proposed in this FSNPRM.
    
    Inoperative Brake Power or Power Assist Unit
    
        Toyota commented that S7.10.3 (FMVSS No. 105) and S7.11.3(m) (FMVSS 
    No. 135), as proposed by the SNPRM could be read as requiring 
    
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    vehicles to be tested to simulate simultaneous failure of an 
    electrically-actuated brake system and another brake power or power 
    assist unit. In response to Toyota's comment, modified language is 
    proposed to clarify that tests would be ``conducted with any single 
    electrical failure in the electrically-actuated brake system instead of 
    a failure of any other brake or brake power assist unit, and all other 
    systems intact.''
    
    ABS and Dynamic Parking Brake Tests
    
        FMVSS No. 135 as issued did not adopt the proposed S7.3 ABS 
    performance, of which S7.3.4 Test procedures and performance 
    requirements and the SNPRM's proposed S7.3.4.4 would have been a part. 
    Therefore S7.3.4.4, or a variation thereof, is not being reproposed at 
    this time.
        Nor did FMVSS No. 135 as issued adopt a dynamic parking brake test, 
    thus rendering it unnecessary for the agency to adopt proposed 
    S7.13.1(d) which would have excepted electric parking brakes from such 
    a test.
    
    Adhesion Utilization--Torque Wheel Method
    
        With respect to the application of the torque wheel test to EVs 
    with electric brakes and/or RBS (proposed in Notice 7 as S7.4.5.3 of 
    Standard No. 135, now proposed as S7.4.5.1), Notice 7 asked for 
    comments, pointing out that the torque wheel method utilizes hydraulic 
    line pressure in the calculations which obviously would not be 
    available for electric brakes. GM commented that some adaptation of the 
    method might be required for an EV that was manufactured with 
    electrically actuated front brakes and without ABS. Mitsubishi 
    recommended that an alternative method for calculating the torque wheel 
    test for EVs with RBS be incorporated, such as a test that calculates 
    the amount of braking effort exerted by the operator on the brake 
    pedal. Ford believes that the current torque wheel test procedure is 
    valid in concept but must be adjusted to be more comprehensive for 
    mixed type brake systems.
        NHTSA is aware that the torque wheel test will only accommodate 
    vehicles with hydraulic brakes on at least one axle, and that any 
    vehicle with ABS is not subject to the test. For vehicles with electric 
    brakes on all wheels, the torque wheel test would have to be studied in 
    depth to find the correct factors and test procedures for converting 
    electrical energy into brake torque for purposes of calculating 
    objective brake factors. However, this would be appropriate only for an 
    EV without ABS that is braked only electrically, and NHTSA is unaware 
    that any such configuration is planned for production. Thus, there 
    appears to be no present need for the agency to give further 
    consideration to this issue. If and when an all electric-braked vehicle 
    without ABS is planned for production, the agency could revisit this 
    issue. However, NHTSA believes that it would not be appropriate to 
    expend extensive agency resources to accommodate a vehicle design that 
    in all probability will never be built.
        Similarly, for a vehicle equipped with RBS that is not under the 
    control of ABS, the adhesion utilization of the vehicle would be 
    affected by the RBS in a manner that would be dependent on the state of 
    charge of the vehicle's batteries. For such a vehicle, the torque wheel 
    method of calculating adhesion utilization curves that is in Standard 
    No. 135 would not be directly applicable. The most recent draft of 
    proposed ECE Regulation 13-H would require, for such a vehicle, that 
    the adhesion utilization provisions be met under the conditions of both 
    minimum and maximum regenerative braking. While the agency agrees in 
    concept with this approach, Regulation 13-H does not specify any 
    detailed method for obtaining the adhesion utilization curves as 
    Standard No. 135 does. NHTSA believes that a research program would be 
    necessary to develop modifications to the present procedures to 
    accommodate the effects of RBS, but, similar to the all electric-braked 
    issue, questions whether such a vehicle would ever be built. Therefore, 
    requirements to accomodate such a system are not included in this 
    notice. The agency requests comments on whether any manufacturer has 
    plans to produce an electric vehicle that is equipped with RBS that is 
    part of the service brake system but that is not also equipped with 
    ABS. At present, the agency is not aware of any such plans, and does 
    not believe it would be appropriate to expend limited agency resources 
    to develop requirements for a design that will in all probability never 
    be built. If any manufacturer does foresee such a vehicle being built, 
    the agency solicits comments on what would be appropriate adhesion 
    utilization test procedures for such a vehicle.
        The reader will find that provisions of this FSNPRM not discussed 
    by this notice are substantially the same as those proposed by Notice 
    7.
    
    Proposed Effective Date
    
        It is tentatively found for good cause shown that an effective date 
    earlier than 180 days after issuance of the final rule would be in the 
    public interest, and it is proposed that the effective date would be 30 
    days after publication of the final rule.
    
    Regulatory Analysis
    
    Executive Order 12866 (Regulatory Planning and Review) and DOT 
    Regulatory Policies and Procedures
    
        This rulemaking has not been reviewed under Executive Order 12866. 
    NHTSA has considered the economic implications of this regulation and 
    determined that it is not significant within the meaning of the DOT 
    Regulatory Policies and Procedure. It does not initiate a substantial 
    regulatory program or involve a change in policy.
    
    Regulatory Flexibility Act
    
        The agency has also considered the effects of this rulemaking 
    action in relation to the Regulatory Flexibility Act. I certify that 
    this rulemaking action would not have a significant economic effect 
    upon a substantial number of small entities. Motor vehicle 
    manufacturers are generally not small businesses within the meaning of 
    the Regulatory Flexibility Act. Accordingly, no Regulatory Flexibility 
    Analysis has been prepared.
    
    Executive Order 12612 (Federalism)
    
        This action has been analyzed in accordance with the principles and 
    criteria contained in Executive Order 12612 on ``Federalism.'' It has 
    been determined that the rulemaking action does not have sufficient 
    federalism implications to warrant the preparation of a Federalism 
    Assessment.
    
    National Environmental Policy Act
    
         NHTSA has analyzed this rulemaking action for purposes of the 
    National Environmental Policy Act. The rulemaking action would not have 
    a significant effect upon the environment. There is no environmental 
    impact associated with adaptation of test procedures to make them more 
    appropriate for vehicles already required to comply with the Federal 
    motor vehicle safety standards. The rulemaking action would not have a 
    direct effect. However, to the extent that this rulemaking might 
    facilitate the introduction of Evs which are powered by an electric 
    motor drawing current from rechargeable storage batteries, fuel cells, 
    or other portable sources of electric current, and which may include a 
    nonelectrical source of power designed to charge batteries and 
    components thereof, the rulemaking would have a beneficial effect upon 
    the environment and reduce fuel consumption because EVs emit no 
    
    [[Page 49549]]
    hydrocarbon emissions and do not depend directly upon fossil fuels to 
    propel them.
    
    Executive Order 12778 (Civil Justice Reform)
    
        This proposed rule would not have any retroactive effect. Under 49 
    U.S.C. 30103, whenever a Federal motor vehicle safety standard is in 
    effect, a state may not adopt or maintain a safety standard applicable 
    to the same aspect of performance which is not identical to the Federal 
    standard. Section 30161 of Title 49 sets forth a procedure for judicial 
    review of final rules establishing, amending or revoking Federal motor 
    vehicle safety standards. That section does not require submission of a 
    petition for reconsideration or other administrative proceedings before 
    parties may file suit in court.
    
    Comments
    
        Interested persons are invited to submit comments on the FSNPRM. It 
    is requested but not required that 10 copies be submitted.
        All comments must not exceed 15 pages in length. (49 CFR 553.21). 
    Necessary attachments may be appended to these submissions without 
    regard to the 15-page limit. This limitation is intended to encourage 
    commenters to detail their primary arguments in a concise fashion.
        If a commenter wishes to submit certain information under a claim 
    of confidentiality, three copies of the complete submission, including 
    purportedly confidential business information, should be submitted to 
    the Chief Counsel, NHTSA, at the street address given above, and seven 
    copies from which the purportedly confidential information has been 
    deleted should be submitted to the Docket Section. A request for 
    confidentiality should be accompanied by a cover letter setting forth 
    the information specified in the agency's confidential business 
    information regulation. 49 CFR Part 512.
        All comments received before the close of business on the comment 
    closing date indicated above for the proposal will be considered, and 
    will be available for examination in the docket at the above address 
    both before and after that date. To the extent possible, comments filed 
    after the closing date will also be considered. Comments received too 
    late for consideration in regard to the final rule will be considered 
    as suggestions for further rulemaking action. Comments on the proposal 
    will be available for inspection in the docket. The NHTSA will continue 
    to file relevant information as it becomes available in the docket 
    after the closing date, and it is recommended that interested persons 
    continue to examine the docket for new material.
        Those persons desiring to be notified upon receipt of their 
    comments in the rules docket should enclose a self-addressed, stamped 
    postcard in the envelope with their comments. Upon receiving the 
    comments, the docket supervisor will return the postcard by mail.
    
    List of Subjects in 49 CFR Part 571
    
        Imports, Motor vehicle safety, Motor vehicles
    
    PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
    
        In consideration of the foregoing, it is proposed that 49 CFR part 
    571 be amended as follows:
        1. The authority citation for part 571 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 322, 30111, 30115, 30117, 30166; delegation 
    of authority at 49 CFR 1.50.
    
        2. Section 571.105 would be amended by:
        a. Revising its heading;
        b. Revising S1, S3, the definitions of ``backup system'' and 
    ``split service brake system'' in S4 and adding to S4, in alphabetical 
    order, definitions of ``Electric vehicle or EV'' and ``Regenerative 
    braking system or RBS'';
        c. Amending S5.1.1.4 to add a sentence at the end thereof below the 
    undesignated table;
        d. Adding S5.1.2.3, S5.1.2.4, and S5.1.3.5;
        e. Revising the introductory text of S5.3.1 and adding S5.3.1(e), 
    (f), and (g);
        f. Revising the introductory text of S5.3.5(c)(1) and S5.4.3;
        g. Revising S5.5;
        h. Adding S6.2 through S6.2.6;
        i. Revising the introductory text of S7.7.1.3 and adding 
    S7.7.1.3(c); and
        j. Adding S7.9.5 and S7.9.6.
        The revised and added heading and paragraphs would read as follows:
    
    
    Sec. 571.105  Standard No. 105; Hydraulic and/or electric brake 
    systems.
    
        S1. Scope. This standard specifies requirements for hydraulic and/
    or electric service brake systems and associated parking brake systems.
    * * * * *
        S3. Application. This standard applies to passenger cars, 
    multipurpose passenger vehicles, trucks, and buses with hydraulic and/
    or electric service brake systems.
        S4. Definitions.
    * * * * *
        Backup system means a portion of a service brake system, such as a 
    pump, that automatically supplies energy, in the event of a primary 
    brake power source failure.
    * * * * *
        Electric vehicle or EV means a motor vehicle that is powered by an 
    electric motor drawing current from rechargeable storage batteries, 
    fuel cells, or other portable sources of electrical current, and which 
    may include a non-electrical source of power designed to charge 
    batteries and components thereof.
    * * * * *
        Regenerative braking system or RBS means an electrical energy 
    system that is installed in an EV for recovering kinetic energy, and 
    which uses the propulsion motor(s) as a retarder for partial braking of 
    the EV while returning electrical energy to the propulsion batteries.
    * * * * *
        Split service brake system means a brake system consisting of two 
    or more subsystems actuated by a single control, designed so that a 
    single failure in any subsystem (such as a leakage-type failure of a 
    pressure component of a hydraulic subsystem except structural failure 
    of a housing that is common to two or more subsystems, or an electrical 
    failure in an electric subsystem) does not impair the operation of any 
    other subsystem.
    * * * * *
        S5.1.1.4  * * * For an EV, the speed attainable in 2 miles is 
    determined with the propulsion batteries at a state of charge of not 
    less than 95 percent at the beginning of the run.
        S5.1.2  Partial failure.
    * * * * *
        S5.1.2.3  For a vehicle manufactured with a service brake system in 
    which the brake signal is transmitted electrically between the brake 
    pedal and some or all of the foundation brakes, regardless of the means 
    of actuation of the foundation brakes, the vehicle shall be capable of 
    stopping from 60 mph within the corresponding distance specified in 
    Column IV of Table II with any single failure in any circuit that 
    electrically transmits the brake signal, and with all other systems 
    intact.
        S5.1.2.4  For an EV manufactured with a service brake system that 
    incorporates RBS, the vehicle shall be capable of stopping from 60 mph 
    within the corresponding distance specified in Column IV of Table II 
    with any single failure in the RBS, and with all other systems intact.
    * * * * *
        S5.1.3.5  Electric brakes. Each vehicle with electrically-actuated 
    
    [[Page 49550]]
        service brakes (brake power unit) shall comply with the requirements of 
    S5.1.3.1 with any single electrical failure in the electrically-
    actuated service brakes and all other systems intact.
    * * * * *
        S5.3  Brake system indicator lamp. * * *
        S5.3.1  An indicator lamp shall be activated when the ignition 
    (start) switch is in the ``on'' (``run'') position and whenever any of 
    the conditions (a) or (b), (c), (d), (e), (f), and (g) occur:
    * * * * *
        (e) For a vehicle with electrically-actuated service brakes, 
    failure of the source of electric power to the brakes, or diminution of 
    state of charge of the batteries to less than a level specified by the 
    manufacturer for the purpose of warning a driver of degraded brake 
    performance.
        (f) For a vehicle with electric transmission of the service brake 
    control signal, failure of a brake control circuit.
        (g) For an EV with RBS that is part of the service brake system, 
    failure of the RBS.
    * * * * *
        S5.3.5  * * *
        (c)(1) If separate indicators are used for one or more of the 
    conditions described in S5.3.1(a) through S5.3.1(g) of this standard, 
    the indicator display shall include the word ``Brake'' and appropriate 
    additional labeling, except as provided in (c)(1)(A) through (D) of 
    this paragraph.
    * * * * *
        S5.4.3  Reservoir labeling--Each vehicle equipped with hydraulic 
    brakes shall have a brake fluid warning statement that reads as 
    follows, in letters at least one-eighth of an inch high: ``WARNING, 
    Clean filler cap before removing. Use only ____________________ fluid 
    from a sealed container.'' (Inserting the recommended type of brake 
    fluid as specified in 49 CFR 571.116, e.g., ``DOT 3''). The lettering 
    shall be--
        S5.5  Antilock and variable proportioning brake systems. In the 
    event of failure (structural or functional) in an antilock or variable 
    proportioning brake system, the vehicle shall be capable of meeting the 
    stopping distance requirements specified in S5.1.2 for service brake 
    system partial failure. For an EV that is equipped with both ABS and 
    RBS that is part of the service brake system, the ABS must control the 
    RBS.
    * * * * *
        S6.2  Electric vehicles and electric brakes.
        S6.2.1  The state of charge of the propulsion batteries is 
    determined in accordance with SAE Recommended Practice J227a, Electric 
    Vehicle Test Procedure, February 1976. The applicable sections of J227a 
    are 3.2.1 through 3.2.4, 3.3.1 through 3.3.2.2, 3.4.1 and 3.4.2, 4.2.1, 
    5.2, 5.2.1, and 5.3.
        S6.2.2  At the beginning of the first effectiveness test specified 
    in S7.3, the propulsion batteries are at a state of charge of not less 
    than 95 percent. During each burnish procedure, the propulsion 
    batteries are restored to a state of charge of not less than 95 percent 
    after each increment of 40 burnish stops until each burnish procedure 
    is complete. The batteries may be charged at a more frequent interval 
    during a particular 40-stop increment only if the EV is incapable of 
    achieving the initial burnish test speed during that increment. During 
    each burnish procedure, the propulsion batteries may be charged by an 
    external means or replaced by batteries that are at a state of charge 
    of not less than 95 percent. For EVs having a manual control for 
    setting the level of regenerative braking, the manual control, at the 
    beginning of each burnish procedure, is set to provide maximum 
    regenerative braking throughout the burnish.
        S6.2.3  At the beginning of each performance test in the test 
    sequence (S7.3, S7.5, S7.7 through S7.11, and S7.13 through S7.19 of 
    this standard), unless otherwise specified, an EV's propulsion 
    batteries are at a state of charge of not less than 95 percent (the 
    batteries may be charged by external means or replaced by batteries 
    that are at a state of charge of not less than 95 percent). No further 
    charging of the propulsion batteries occurs during any of the 
    performance tests in the test sequence of this standard.
        S6.2.4  (a) For an EV equipped with RBS, the RBS is considered to 
    be part of the service brake system if it is automatically controlled 
    by an application of the service brake control, if there is no means 
    provided for the driver to disconnect or otherwise deactivate it, and 
    if the vehicle has no ``neutral'' transmission position. This RBS is 
    operational during all burnishes and all tests, except for the test of 
    a failed RBS. If the level of retardation provided by this RBS is 
    subject to control by the driver (other than through the service brake 
    control), it is set to produce the maximum regenerative braking effect 
    during the burnishes, and the minimum regenerative braking effect 
    during the test procedures.
        (b) If the RBS is not part of the service brake system, it is 
    operational and set to produce the maximum regenerative braking effect 
    during the burnishes, and is disabled during the test procedures.
        S6.2.5  For tests conducted ``in neutral,'' the operator of an EV 
    with no ``neutral'' position (or other means such as a clutch for 
    disconnecting the drive train from the propulsion motor(s)) does not 
    apply any electromotive force to the propulsion motor(s). Any 
    electromotive force that is applied to the propulsion motor(s) 
    automatically remains in effect unless otherwise specified by the test 
    procedure.
        S6.2.6  A vehicle equipped with electrically-actuated service 
    brakes also performs the tests specified in S7.3, S7.5, S7.7 through 
    S7.11, and S7.13 through S7.19 of this standard with the batteries 
    providing power to those electrically-actuated brakes, at the beginning 
    of each test, in a depleted state of charge for condition (a), (b), or 
    (c) of this paragraph as appropriate. An auxiliary means may be used to 
    accelerate an EV to test speed. The tests in S6.2.6 are conducted after 
    completing the tests in S6.2.3.
        (a) For an EV equipped with electrically-actuated service brakes 
    deriving power from the propulsion batteries, and with automatic shut-
    down capability of the propulsion motor(s), the propulsion batteries 
    are at not more than two percent and not less than one percent above 
    the EV actual automatic shut-down critical value. The critical value is 
    determined by measuring the state-of-charge of the propulsion 
    battery(s) at the instant that automatic shut-down occurs.
        (b) For an EV equipped with electrically-actuated service brakes 
    deriving power from the propulsion batteries, and with no automatic 
    shut-down capability of the propulsion motor(s), the propulsion 
    batteries are at not more than two percent and not less than one 
    percent above the actual state of charge at which the brake failure 
    warning signal, required by S5.3.1(e) of this standard, is illuminated.
        (c) For a vehicle which has an auxiliary battery(s) that provides 
    electrical energy to operate the electrically-actuated service brakes, 
    the auxiliary battery(s) is at not more than two percent and not less 
    than one percent above the actual state of charge at which the brake 
    failure warning signal, required by S5.3.1(e) of this standard, is 
    illuminated.
    * * * * *
        S7.7.1  Test procedure for requirements of S5.2.1.
    * * * * *
        S7.7.1.3  With the vehicle held stationary by means of the service 
    brake 
    
    [[Page 49551]]
    control, apply the parking brake by a single application of the force 
    specified in (a), (b), or (c) of this paragraph, except that a series 
    of applications to achieve the specified force may be made in the case 
    of a parking brake system design that does not allow the application of 
    the specified force in a single application:
    * * * * *
        (c) For a vehicle using an electrically-activated parking brake, 
    apply the parking brake by activating the parking brake control.
    * * * * *
        S7.9  Service brake system test--partial failure.
    * * * * *
        S7.9.5  For a vehicle in which the brake signal is transmitted 
    electrically between the brake pedal and some or all of the foundation 
    brakes, regardless of the means of actuation of the foundation brakes, 
    the tests in S7.9.1 through S7.9.3 of this standard are conducted by 
    inducing any single failure in any circuit that electrically transmits 
    the brake signal, and all other systems intact. Determine whether the 
    brake system indicator lamp is activated when the failure is induced.
        S7.9.6  For an EV with RBS that is part of the service brake 
    system, the tests specified in S7.9.1 through S7.9.3 are conducted with 
    the RBS disconnected and all other systems intact. Determine whether 
    the brake system indicator lamp is activated when the RBS is 
    disconnected.
        3. Section 571.135 would be amended by:
        a. Revising the definitions of ``backup system'', ``maximum 
    speed'', and ``split service brake system'' in S4, and adding in S4, in 
    alphabetical order, definitions for ``Electric vehicle'' and 
    ``Regenerative braking system'';
        b. Adding S5.1.3;
        c. Revising the introductory text of S5.4.3 and S5.5.1 and adding 
    S5.5.1 (e), (f), and (g);
        d. Revising the introductory text of S5.5.5(d);
        e. Adding S6.3.11, S6.3.12, and S6.3.13;
        f. Revising S7.10, S7.10.3(f), and S7.10.4;
        g. Adding S7.11.3(m); and
        h. Revising S7.12.2(i).
        The revised and added paragraphs would read as follows:
    
    
    Sec. 571.135  Standard No. 135; Passenger Car Brake Systems.
    
    * * * * *
        S4. Definitions.
    * * * * *
        Electric vehicle or EV means a motor vehicle that is powered by an 
    electric motor drawing current from rechargeable storage batteries, 
    fuel cells, or other portable sources of electrical current, and which 
    may include a non-electrical source of power designed to charge 
    batteries and components thereof.
    * * * * *
        Maximum speed of a vehicle or VMax means the highest speed 
    attainable by accelerating at a maximum rate from a standing start for 
    a distance of 3.2 km (2 miles) on a level surface, with the vehicle at 
    its lightly loaded vehicle weight, and, if an EV, with the propulsion 
    batteries at a state of charge of not less than 95 percent at the 
    beginning of the run.
    * * * * *
        Regenerative braking system or RBS means an electrical energy 
    system that is installed in an EV for recovering kinetic energy, and 
    which uses the propulsion motor(s) as a retarder for partial braking of 
    the EV while returning electrical energy to the propulsion batteries.
        Split service brake system means a brake system consisting of two 
    or more subsystems actuated by a single control, designed so that a 
    single failure in any subsystem (such as a leakage-type failure of a 
    pressure component of a hydraulic subsystem except structural failure 
    of a housing that is common to two or more subsystems, or an electrical 
    failure in an electric subsystem) does not impair the operation of any 
    other subsystem.
    * * * * *
        S5.1.3  Regenerative braking system. (a) For an EV equipped with 
    RBS, the RBS is considered to be part of the service brake system if it 
    is automatically activated by an application of the service brake 
    control, if there is no means provided for the driver to disconnect or 
    otherwise deactivate it, and if the vehicle has no ``neutral'' 
    transmission position.
        (b) For an EV that is equipped with both ABS and RBS that is part 
    of the service brake system, the ABS must control the RBS.
    * * * * *
        S5.4.3. Reservoir labeling. Each vehicle equipped with hydraulic 
    brakes shall have a brake fluid warning statement that reads as 
    follows, in letters at least 3.2 mm (\1/8\ inch) high: ``WARNING: Clean 
    filler cap before removing. Use only ____________________ fluid from a 
    sealed container.'' (Inserting the recommended type of brake fluid as 
    specified in 49 CFR 571.116, e.g., ``DOT 3.'') The lettering shall be:
    * * * * *
        S5.5.1. Activation. An indicator shall be activated when the 
    ignition (start) switch is in the ``on'' (``run'') position and 
    whenever any of conditions (a) through (g) occur:
    * * * * *
        (e) For a vehicle with electrically-actuated service brakes, 
    failure of the source of electric power to those brakes, or diminution 
    of state of charge of the batteries to less than a level specified by 
    the manufacturer for the purpose of warning a driver of degraded brake 
    performance.
        (f) For a vehicle with electric transmission of the service brake 
    control signal, failure of a brake control circuit.
        (g) For an EV with a regenerative braking system that is part of 
    the service brake system, failure of the RBS.
    * * * * *
        S5.5.5. Labeling.
    * * * * *
        (d) If separate indicators are used for one or more of the 
    conditions described in S5.5.1(a) through S5.5.1(g), the indicators 
    shall display the following wording:
    * * * * *
        S6.3.11  State of charge of batteries for EVs.
        S6.3.11.1  The state of charge of the propulsion batteries is 
    determined in accordance with SAE Recommended Practice J227a, Electric 
    Vehicle Test Procedure, February 1976. The applicable sections of J227a 
    are 3.2.1 through 3.2.4, 3.3.1 through 3.3.2.2, 3.4.1 and 3.4.2, 4.2.1, 
    5.2, 5.2.1 and 5.3.
        S6.3.11.2  At the beginning of the burnish procedure (S7.1 of this 
    standard) in the test sequence, the propulsion batteries are at a state 
    of charge of not less than 95 percent. During the 200-stop burnish 
    procedure, the propulsion batteries are restored to a state of charge 
    of not less than 95 percent after each increment of 40 burnish stops 
    until the burnish procedure is complete. The batteries may be charged 
    at a more frequent interval during a particular 40-stop increment only 
    if the EV is incapable of achieving the initial burnish test speed 
    during that increment. During the burnish procedure, the propulsion 
    batteries may be charged by external means or replaced by batteries 
    that are at a state of charge of not less than 95 percent. For an EV 
    having a manual control for setting the level of regenerative braking, 
    the manual control, at the beginning of the burnish procedure, is set 
    to provide maximum regenerative braking throughout the burnish.
        S6.3.11.3  At the beginning of each performance test in the test 
    sequence 
    
    [[Page 49552]]
    (S7.2 through S7.17 of this standard), unless otherwise specified, an 
    EV's propulsion batteries are at a state of charge of not less than 95 
    percent (the batteries may be charged by external means or replaced by 
    batteries that are at a state of charge of not less than 95 percent). 
    No further charging of the propulsion batteries occurs during any of 
    the performance tests in the test sequence of this standard.
        S6.3.12  State of charge of batteries for electrically-actuated 
    service brakes. A vehicle equipped with electrically-actuated service 
    brakes also performs the tests specified in S7.2 through S7.17 of this 
    standard with the batteries providing power to those electrically-
    actuated brakes, at the beginning of each test, in a depleted state of 
    charge for conditions (a), (b), or (c) as appropriate. An auxiliary 
    means may be used to accelerate an EV to test speed. The tests in 
    S6.3.12 are conducted after completing the tests in S6.3.11.3.
        (a) For an EV equipped with electrically-actuated service brakes 
    deriving power from the propulsion batteries and with automatic shut-
    down capability of the propulsion motor(s), the propulsion batteries 
    are at not more than two percent and not less than one percent above 
    the EV actual automatic shut-down critical value. The critical value is 
    determined by measuring the state-of-charge of the propulsion 
    battery(s) at the instant that automatic shut-down occurs.
        (b) For an EV equipped with electrically-actuated service brakes 
    deriving power from the propulsion batteries and with no automatic 
    shut-down capability of the propulsion motor(s), the propulsion 
    batteries are at not more than two percent and not less than one 
    percent above the actual state of charge at which the brake failure 
    warning signal, required by S5.5.1(e) of this standard, is illuminated.
        (c) For a vehicle which has an auxiliary battery(s) that provides 
    electrical energy to operate the electrically-actuated service brakes, 
    the auxiliary battery(s) is at not more than two percent and not less 
    than one percent above the actual state of charge at which the brake 
    failure warning signal, required by S5.5.1(e) of this standard, is 
    illuminated.
        S6.3.13  Electric vehicles.
        S6.3.13.1  (a) For an EV equipped with an RBS that is part of the 
    service brake system, the RBS is operational during the burnish and all 
    tests, except for the test of a failed RBS. If the level of retardation 
    provided by this RBS is subject to control by the driver (other than 
    through the service brake control), it is set to produce the maximum 
    regenerative braking effect during the burnish, and the minimum 
    regenerative braking effect during the test procedures.
        (b) For an EV equipped with an RBS that is not part of the service 
    brake system, the RBS is operational and set to produce the maximum 
    regenerative braking effect during the burnish, and is disabled during 
    the test procedures.
        S6.3.13.2  For tests conducted ``in neutral'', the operator of an 
    EV with no ``neutral'' position (or other means such as a clutch for 
    disconnecting the drive train from the propulsion motor(s)) does not 
    apply any electromotive force to the propulsion motor(s). Any 
    electromotive force that is applied to the propulsion motor(s) 
    automatically remains in effect unless otherwise specified by the test 
    procedure.
    * * * * *
        S7.2.4  Performance requirements.
    * * * * *
        (f) An EV with RBS that is part of the service brake system shall 
    meet the performance requirements over the entire normal operating 
    range of the RBS.
    * * * * *
        S7.4.5   Performance requirements. * * *
        S7.4.5.1  An EV with RBS that is part of the service brake system 
    shall meet the performance requirement over the entire normal operating 
    range of the RBS.
    * * * * *
        S7.7.3. Test conditions and procedures.
    * * * * *
        (h) For an EV, this test is conducted with no electromotive force 
    applied to the vehicle propulsion motor(s), but with brake power or 
    power assist still operating, unless cutting off the propulsion 
    motor(s) also disables those systems.
    * * * * *
        S7.10  Partial failure.
    * * * * *
        S7.10.3. Test conditions and procedures.
    * * * * *
        (f) Alter the service brake system to produce any single failure. 
    For a hydraulic circuit, this may be any single rupture or leakage type 
    failure, other than a structural failure of a housing that is common to 
    two or more subsystems. For a vehicle in which the brake signal is 
    transmitted electrically between the brake pedal and some or all of the 
    foundation brakes, regardless of the means of actuation of the 
    foundation brakes, this may be any single failure in any circuit that 
    electrically transmits the brake signal. For an EV with RBS that is 
    part of the service brake system, this may be any single failure in the 
    RBS.
    * * * * *
        S7.10.4  Performance requirements. For vehicles manufactured with a 
    split service brake system, in the event of any failure in a single 
    subsystem, as specified in S7.10.3(f), and after activation of the 
    brake system indicator as specified in S5.5.1 of this standard, the 
    remaining portions of the service brake system shall continue to 
    operate and shall stop the vehicle as specified in S7.10.4(a) or 
    S7.10.4(b). For vehicles not manufactured with a split service brake 
    system, in the event of any failure in any component of the service 
    brake system, as specified in S7.10.3(f), and after activation of the 
    brake system indicator as specified in S5.5.1 of this standard, the 
    vehicle shall, by operation of the service brake control, stop 10 times 
    consecutively as specified in S7.10.4(a) or S7.10.4(b).
        S7.11.3. Test conditions and procedures.
    * * * * *
        (m) For vehicles with electrically-actuated service brakes (brake 
    power unit), this test is conducted with any single electrical failure 
    in the electrically-actuated service brakes instead of a failure of any 
    other brake power or brake power assist unit, and all other systems 
    intact.
        (n) For an EV with RBS that is part of the service brake system, 
    this test is conducted with the RBS disconnected and all other systems 
    intact.
    * * * * *
        S7.12.2. Test conditions and procedures.
    * * * * *
        (i) For a vehicle equipped with mechanically-applied parking 
    brakes, make a single application of the parking brake control with a 
    force not exceeding the limits specified in S7.12.2(b). For a vehicle 
    using an electrically-activated parking brake, apply the parking brake 
    by activating the parking brake control.
    * * * * *
        Issued on: September 19, 1995.
    Barry Felrice,
    Associate Administrator for Safety Performance Standards.
    [FR Doc. 95-23689 Filed 9-25-95; 8:45 am]
    BILLING CODE 4910-59-P
    
    

Document Information

Published:
09/26/1995
Department:
Transportation Department
Entry Type:
Proposed Rule
Action:
Further supplemental notice of proposed rulemaking (FSNPRM).
Document Number:
95-23689
Dates:
Comments on the FSNPRM are due November 27, 1995.
Pages:
49544-49552 (9 pages)
Docket Numbers:
Docket No. 85-6, Notice 10
RINs:
2127-AA13
PDF File:
95-23689.pdf
CFR: (2)
49 CFR 571.105
49 CFR 571.135