Federal Register Notice of Proposed Rulemaking – Heavy Vehicle Automatic Emergency Braking: AEB Test Devices

SUMMARY: This NPRM proposes to adopt a new Federal Motor Vehicle Safety Standard (FMVSS) to require automatic emergency braking (AEB) systems on heavy vehicles, i.e., vehicles with a gross vehicle weight rating greater than 4,536 kilograms (10,000 pounds). This notice also proposes to amend FMVSS No. 136 to require nearly all heavy vehicles to have an electronic stability control system that meets the equipment requirements, general system operational capability requirements, and malfunction detection requirements of FMVSS No. 136. An AEB system uses multiple sensor technologies and sub-systems that work together to sense when the vehicle is in a crash imminent situation and automatically applies the vehicle brakes if the driver has not done so or automatically applies more braking force to supplement the driver’s applied braking. This NPRM follows NHTSA’s 2015 grant of a petition for rulemaking from the Truck Safety Coalition, the Center for Auto Safety, Advocates for Highway and Auto Safety and Road Safe America, requesting that NHTSA establish a safety standard to require AEB on certain heavy vehicles. This NPRM also responds to a mandate under the Bipartisan Infrastructure Law, as enacted as the Infrastructure Investment and Jobs Act, directing the Department to prescribe an FMVSS that requires heavy commercial vehicles with FMVSS-required electronic stability control systems to be equipped with an AEB system, and also promotes DOT’s January 2022 National Roadway Safety Strategy to initiate a rulemaking to require AEB on heavy trucks. This NPRM also proposes Federal Motor Carrier Safety Regulations requiring the electronic stability control and AEB systems to be on during vehicle operation.

DATES: Comments must be received on or before September 5, 2023.

Proposed compliance dates: NHTSA proposes a two-tiered phase-in schedule for meeting the proposed standard. For vehicles currently subject to FMVSS No. 136, ‘‘Electronic stability control systems for heavy vehicles,’’ any vehicle manufactured on or after the first September 1 that is three years after the date of publication of the final rule would be required to meet the proposed heavy vehicle AEB standard. For vehicles with a gross vehicle weight rating greater than 4,536 kilograms (10,000 pounds) not currently subject to FMVSS No. 136, any vehicle manufactured on or after the first September 1 that is four years after the date of publication of the final rule would be required to meet the proposed AEB requirements and the proposed amendments to the ESC requirements. Small-volume manufacturers, final-stage manufacturers, and alterers would be provided an additional year to comply with this proposal beyond the dates identified above.

FMCSA proposes that vehicles currently subject to FMVSS No. 136 would be required to comply with FMCSA’s proposed ESC regulation on the final rule’s effective date. Vehicles with a GVWR greater than 4,536 kilograms (10,000 pounds) not currently subject to FMVSS No. 136 would be required to meet the proposed ESC regulation on or after the first September 1 that is five years after the date of publication of the final rule.

FMCSA proposes that, for vehicles currently subject to FMVSS No. 136, any vehicle manufactured on or after the first September 1 that is three years after the date of publication of the final rule would be required to meet FMCSA’s proposed AEB regulation. FMCSA proposes that vehicles with a gross vehicle weight rating greater than 4,536 kilograms (10,000 pounds) not currently subject to FMVSS No. 136 and vehicles supplied to motor carriers by small-volume manufacturers, final-stage manufacturers, and alterers would be required to meet the proposed AEB regulation on or after the first September 1 that is five years after the date of publication of the final rule.

This proposed implementation timeframe simplifies FMCSR training and enforcement because the Agency expects a large number of final stage manufacturers supplying vehicles to motor carriers in the category of vehicles with a gross vehicle weight rating greater than 4,536 kilograms (10,000 pounds). FMCSA’s phase-in schedule would require the ESC and AEB systems to be inspected and maintained in accordance with § 396.3.

Early compliance is permitted but optional.

Here is the link to the FR Notice: [PDF]