2026-12919: Bus Testing: Updates to Bus Testing Program Procedures and Policies, Clarifications, Technical Adjustments, and Other Program Updates

A. Purpose and Summary of Regulatory Action

The Federal Transit Administration (FTA) provides financial assistance to State and local agencies operating public transportation systems, covering eighty or eighty-five percent (80-85%) of a vehicle's capital cost, while the State or local government provides a fifteen or twenty percent (15-20%) matching share. As part of its [[Page 38622]] stewardship of those funds, Congress directed FTA in 1987 to establish a bus testing program whereby new model buses would first be tested to ensure their ability to withstand the rigors of regular transit service before FTA funds would be spent on those vehicles. The FTA Bus Testing Program has evolved over more than three decades, during which it has been defined and shaped by a series of proposed and final rules, Federal Register notices, ``Dear Colleague'' letters, policy statements on FTA's Bus Testing website, and a few thousand responses to specific questions from transit vehicle manufacturers (TVMs). Additional details of current and historical policies and events are available on FTA's website at https://www.transit.dot.gov/research-innovation/bus-testing. FTA and other stakeholders have gained experience since the most recent Bus Testing Program final rule, which was published in 2016 (81 FR 50367). That final rule initiated the assignment of scores and pass/ fail ratings to tested buses, as required by the Moving Ahead for Progress in the 21st Century Act (MAP-21; Pub. L. 121-141), as well as administrative changes. Today's NPRM proposes to build on this experience by modifying certain existing FTA Bus Testing Program procedures and policies to make them more effective, efficient, and clear. Some of the changes that FTA is proposing would increase the rigor of testing to address gaps, while others would relax certain program requirements to reduce the regulatory burden without weakening the overall effectiveness of the FTA Bus Testing Program. FTA is also seeking to increase flexibility within the Bus Testing Program to accommodate changes in bus technology that could require modification of some testing protocols. This NPRM is not a comprehensive re-statement of all FTA policies, procedures, and interpretations under the Bus Testing Program. Therefore, as a general guideline, policies, procedures, and guidelines that are impacted by any Final Rule that may result from this NPRM will be updated, while policies, procedures, and guidelines that are not impacted will carry forward with little or no change. Prior to publishing this NPRM, FTA engaged in a stakeholder listening session on September 8, 2022, about FTA's Bus Testing Program. In accordance with the Department's Guidance on Communication with Parties outside of the Federal Executive Branch (Ex Parte Communications),\1\ FTA has added a memorandum summarizing the listening session to the docket for this rulemaking. Where FTA has incorporated stakeholder suggestions into its regulatory proposals, FTA discusses such suggestions in the corresponding sections below. --------------------------------------------------------------------------- \1\ Available at: https://www.transportation.gov/regulations/memorandum-secretarial-officers-and-heads-operating-administrations. ---------------------------------------------------------------------------

B. Statutory Authority

Section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (STURAA, Pub. L. 100-17) provided that no funds appropriated or made available under the Urban Mass Transportation Act of 1964, as amended, were to be obligated or expended for the acquisition of a new model bus after September 30, 1989, unless a bus of such model had been tested to ensure that the vehicle ``will be able to withstand the rigors of transit service'' (H. Rept. 100-27, p. 230). In subsection 317(b), Congress mandated seven specific test categories--maintainability, reliability, safety, performance, structural integrity, fuel economy, and noise--augmenting those tests with the addition of braking performance and emissions testing through section 6021 of the Intermodal Surface Transportation Efficiency Act of 1991 (Pub. L. 102-240). These requirements were subsequently codified at 49 U.S.C. 5318. Section 5318 has been amended several times throughout the years. Significantly, in 2012, Section 20014 of MAP-21 added new requirements to subsection 5318(e), Acquiring New Bus Models, including a bus model scoring system and a pass/fail standard based on the weighted aggregate score for each of the existing performance standards. Section 20014 retained the existing Bus Testing categories of maintainability, reliability, safety, performance, structural integrity, fuel economy, emissions, and noise in the existing 49 U.S.C. 5318(a). In response to MAP-21, FTA updated 49 CFR part 665 by issuing a new pass/fail standard and new aggregated scoring system. In addition, FTA made other revisions to the regulation, including requiring bus manufacturers to provide country-of-origin information for test unit bus components. Since then, FTA has had two reauthorizations that continued the Bus Testing Program, the Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-94) and the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58). While the FAST Act did not amend 49 U.S.C. 5318, Section 30008 of the IIJA amended 49 U.S.C. 5318 by adding subsection (f) Capital Equipment. This subsection adds that the bus testing facilities operated and maintained under 49 U.S.C. 5318 may use funds made available under this section for the acquisition of equipment and capital projects related to testing new bus models. Today's proposed rule does not address the minimum safety performance standards for public transportation vehicles authorized under 49 U.S.C. 5329(b)(2)(C) as referenced in 49 U.S.C. 5318(e)(1)(B)(ii). At this time, the safety performance standards in the National Public Transportation Safety Plan are voluntary standards. Additional details of the key steps in the creation and evolution of the Bus Testing Program are available at https://www.transit.dot.gov/research-innovation/program-history.

C. Summary of Benefits and Costs

The primary benefit of the proposed rule is that Bus Testing Reports less than 10 years old would more accurately reflect the safety, reliability, and other characteristics of today's bus models than older reports. Some bus manufacturers are using Bus Testing Reports from over 20 years ago to sell buses to FTA recipients while still complying with the current regulation. By requiring retesting, FTA can help ensure that Bus Testing Reports accurately represent bus models in production. In addition, FTA has improved testing requirements over the years, including testing related to safety; setting expiration dates would allow for bus testing that incorporates the improvements. For example, buses tested before 2010 were not subject to FTA's emissions and braking performance tests, which were added to the full testing requirements in that year. The primary cost of the proposed rule is the additional bus testing required after setting expiration dates for the reports. Figure 1 summarizes the economic effects of the proposed rule [[Page 38623]] over the first ten years (from 2027 to 2036) in 2024 dollars. The proposed rule would have annualized costs of $2 million at a three percent rate discounted to 2024, and $1.7 million at a seven percent rate discounted to 2024. Figure 1--Summary of Economic Effects, 2027-2036 [$2024, discounted to 2024] ---------------------------------------------------------------------------------------------------------------- Total Item (undiscounted) Annualized (3%) Annualized (7%) ---------------------------------------------------------------------------------------------------------------- Benefits............................................... Unquantified ................. ................. Costs ................. ................. ................. Testing recertification requirements................... $20,667,705 $1,968,313 $1,618,569 Lowered threshold for USM.............................. 824,467 73,800 56,307 -------------------------------------------------------- Total costs........................................ 21,492,172 2,042,113 1,674,876 Net benefits....................................... Unquantified ................. ................. ----------------------------------------------------------------------------------------------------------------

2. If FTA were to change the assumed passenger weight used in

testing, what value should FTA use? What assumed passenger weight should FTA use for riders using mobility devices?

3. What data or information should FTA consider when assessing

whether to change the assumed passenger weight?

4. What costs to the transit industry would changing the assumed

passenger weight impose? Please provide data and sources, if possible.

5. What benefits to the transit industry would result from

changing the assumed passenger weight? Please provide data and sources, if possible.

6. If FTA changes the average passenger weight, should FTA also

change the average floor space assumed to be occupied by each standee passenger? Why or why not?

7. If FTA changes the average assumed floor space occupied by

each standee passenger, what value should it use, and what is the basis for that value?

8. What costs to the transit industry would changing the average

assumed floor space impose? Please provide data and sources, if possible.

9. What benefits to the transit industry would result from

changing the average assumed floor space impose? Please provide data and sources, if possible.

10. If FTA were to change the assumed passenger weight or free

floor space per standee, what would be a reasonable time for bus manufacturers to implement corresponding design and production changes in their vehicles before FTA began testing at the new weight and floor space values? In summary, FTA seeks information, especially with citations, and comments on whether a different passenger weight or floor-space value should be used in the Bus Testing Program, and if so, what that weight or footprint should be, and what costs and benefits this would cause. FTA also seeks comments on an appropriate phase-in schedule if such changes are implemented. FTA also seeks information about the relative durations of Structural Durability testing at each of the loading conditions used for testing. The loading conditions and durations that are used in testing are as shown in Figure 5 below (as defined in part 665, GVW = gross vehicle weight, SLW = seated load weight, and CW = curb weight): Figure 5--Structural Durability Test Miles at Each Loading Condition [[Page 38631]] [GRAPHIC] [TIFF OMITTED] TP26JN26.053 While FTA believes that peak load factors in the real world often reach and may even exceed GVW, FTA understands that the experience of various transit agencies with regard to average passenger loads may be less in some cases. Therefore, FTA seeks data with citations, other information, and comments, on the following:

11. Should the number of miles run at each loading condition be

kept as-is or should they be adjusted? Why or why not?

12. If FTA should adjust these values, what adjustments would be

appropriate? For example, should fewer miles be run at GVW and more at SLW? Should some of the miles be run at an additional loading condition between SLW and CW? If so, what would the basis for those adjustments be, and what might appropriate values for the loading and distance be? Table A in Appendix A to part 665 defines the bus model scoring system, which consists of base scores for meeting the minimum performance standards, and additional pro-rated points apportioned to some test procedures when a bus model exceeds the minimum performance standards. FTA notes that the additional points for some tests are not equivalent for all bus configurations. For example, a relatively inefficient small 12-passenger shuttle bus could earn more bonus points in the fuel economy test than a highly-efficient large 50-seat articulated bus under the current scoring system. FTA was aware of this scoring discrepancy when the current part 665 was promulgated. Our assumption at that time was that this is acceptable because transit operators were unlikely to be cross-shopping shuttle buses with articulated buses. However, it is not unlikely that transit agencies might be comparing acquiring a fleet of 40 sixty-foot buses rather than a fleet of 60 forty-foot buses. FTA seeks feedback on the benefits and costs of normalizing the bus model scoring system so that the relative performance of different bus configurations may be more readily compared, and specific or general suggestions of what changes should be made to the bonus point formulas for any of the test procedures in the bus model scoring system. FTA notes that 49 U.S.C. 5318 requires FTA to test a complete bus model as an integrated system, not a modified bus, and not bus components. With this in mind, FTA is interested in stakeholder views about new transit bus technologies that may need to be tested under the Bus Testing Program in the future. For example, whether and how to test vehicles that feature varying degrees of automated operation. FTA is also interested in stakeholder feedback about whether new or modified test procedures and methods may be needed or preferable in the future to test existing and new-technology bus models for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. For example, testing the energy efficiency and range of buses under simulated climate variations by applying empirical adjustment factors to dynamometer data and/or performing dynamometer testing in a climate- controlled chamber (FTA does not have current plans or budget to build and equip a climate-controlled dynamometer lab). Finally, FTA is interested in stakeholder feedback and comment regarding any other issues that may have a direct and significant impact on implementation of the Bus Testing Program. FTA invites stakeholders to submit views and comments about these issues. Overview and Need for Regulation The proposed rule would revise testing requirements for transit buses submitted to the FTA Bus Testing Program. The proposed rule would assign a 10-year expiration date to full and partial bus testing reports, lower the threshold for allowable unscheduled maintenance (USM) hours for some useful life categories during a test, require manufacturers to pay testing fees up front if they resubmit a bus model that failed earlier testing, and update terms in the regulation to reflect current practice. The proposed rule would apply to all bus manufacturers that wish bus models to be eligible for procurement with FTA grant funds. Currently, there is no expiration date for Bus Testing Reports or retesting requirement for bus models subject to the FTA Bus Testing Program. FTA has determined that bus models tested through its Bus Testing Program can be subject to design, specification, and manufacturing changes over time. While these changes may or may not be individually minor, they could over time or cumulatively result in significant changes to a model as well as to testing data and scores, leading to inaccurate information for transit agencies selecting bus models covered by outdated reports. Expiration dates are an efficient way of ensuring that Bus Testing Reports accurately reflect the bus models currently available. FTA does not have the authority or resources to perform regular detailed engineering audits of bus models and assess the changes that have been made to them since they were last tested, in order to determine whether a report still accurately describes its subject bus model. The proposed rule would also revise payment requirements for testing by [[Page 38632]] requiring manufacturers to pay testing fees up front when resubmitting a bus model that had previously started and been withdrawn from testing. The program has reported multiple instances of manufacturers failing a test, withdrawing the model from testing to avoid payment, and immediately resubmitting it for retesting, sometimes submitting as multiple consecutive tests in an attempt to achieve a passing score. The consecutive tests do not afford manufacturers the time to make meaningful improvements to their bus designs and are expensive for the Bus Testing Center to conduct. Baseline and Analytical Approach In the baseline scenario, bus manufacturers submit new bus models for testing at the same rate they did over the past 20 years. The Altoona Bus Research and Testing Center would conduct an average of eleven full and five partial tests with passing results, as well as an estimated three tests with failed results, per year. USM hours allowed during testing would remain the same, and manufacturers would continue to pay testing fees after tests are conducted. The proposed rule would lead to greater overall testing by requiring manufacturers to retest models every 10 years should they wish to keep them eligible for FTA grant funding. The proposed rule could also lead to an increase in testing by lowering the USM threshold for some useful life categories. To assess the effects of the proposed rule, FTA used information from the Altoona Bus Research and Testing Center, including bus testing reports,\2\ and information from FTA subject-matter experts on bus manufacturers and models. --------------------------------------------------------------------------- \2\ Altoona Bus Research and Testing Center (n.d.). ``Bus Testing Report.'' https://www.altoonabustest.psu.edu/bus-list.aspx. --------------------------------------------------------------------------- Benefits The primary benefit of the proposed rule is that testing reports less than 10 years old would more accurately reflect the safety, reliability, and other characteristics of bus models than older reports. By requiring retesting, FTA can ensure that Bus Testing Reports accurately represent bus models in production. In addition, FTA has improved testing requirements, including testing related to safety, in recent years; setting expiration dates would allow for bus testing that incorporates the improvements. For example, buses tested before 2010 were not subject to FTA's emissions and braking performance tests, which were added to the full testing requirements in that year. FTA does not currently have information to quantify or monetize the effects of these benefits. To quantify benefits, FTA would need information on accidents, service disruptions, or increased maintenance costs involving buses with outdated testing reports. Costs The primary costs of the proposed rule stem from the additional bus testing required after setting expiration dates for reports. The proposed rule would lead to greater overall testing by requiring manufacturers to retest models every 10 years should they wish to keep them eligible for FTA grant funding. The lower USM threshold could also lead to a modest increase in the number of failed tests by less durable buses. The cost of a full test ranges from $111,000 to $223,000 depending on a bus's useful life and which tests are conducted. FTA subject matter experts estimate that the average partial bus test costs $62,000. Test Expirations When the requirement goes into effect, 278 Bus Testing Reports older than ten years would immediately expire, although many of those models are no longer being offered to FTA recipients. To prevent the Bus Testing Center from becoming overloaded and to allow manufacturers time to prepare for and complete retesting, FTA proposes a three-year phase-in period before the 10-year expiration provision goes into effect. A manufacturer with Bus Testing Report(s) that would expire within the first three years after the final rule is enacted has until the end of that three-year phase-in period to retest its affected bus model(s). FTA estimates that manufacturers would retest 68 bus models over the first three years and 120 models total over the first ten years. Figure 6 shows the number of bus testing reports in each useful life category from active bus manufacturers that would expire from 2027 to 2036, the first ten years after the proposed rule goes into effect. FTA assumes that manufacturers would seek new tests for expired models throughout the phase-in period, for an average of 28 bus models retested per year. FTA does not expect that this provision would result in additional failed tests because the retested models already successfully completed Bus Testing. Figure 6--Expiring Bus Reports and Retested Bus Models by Useful Life Category, 2027-2036 ---------------------------------------------------------------------------------------------------------------- Reports set to expire Reports that will be retested Useful life category --------------------------------------------------------------- Full Partial Full Partial ---------------------------------------------------------------------------------------------------------------- 4 years......................................... 37 1 12 1 5 years......................................... 15 0 7 0 7 years......................................... 79 30 30 18 10 years........................................ 51 9 15 3 12 years........................................ 94 68 19 23 --------------------------------------------------------------- Total....................................... 273 103 80 40 ---------------------------------------------------------------------------------------------------------------- Unscheduled Maintenance Hours Lowering the threshold for allowable USM hours and expanding the provision to partial tests may lead to more failed tests, which would increase testing costs. To capture an upper bound of these costs, FTA used historical testing data to estimate the annual average number of bus tests that would fail testing and require retesting. FTA anticipates that a very small number of seven-year and 10-year useful life bus models--less than one model per year--would fail testing due to the lower threshold, for an average annual cost of $82,447. In practice, retesting costs may be even lower because some manufacturers may be able to perform USM more efficiently without incurring additional costs. [[Page 38633]] Other Provisions The proposed rule would require manufacturers to pay testing fees up front if they withdraw and resubmit a bus model for testing. While the change is a transfer rather than a cost or benefit, the change could result in less testing--and lower economic costs--if it leads manufacturers to learn from testing failures and make meaningful improvements to their buses before requesting additional testing. The proposed rule would also change and clarify several definitions in regulation to reflect current practice and terminology used in bus testing. These changes are not expected to have an economic effect. Summary of Costs Figure 7 shows total undiscounted costs for each year of the proposed rule. During the three-year phase-in period from 2027 to 2029, costs are higher, ranging from $3.7 million to $5.6 million per year. From 2027 onward, costs are lower, although costs for 2036 may be understated due to a lack of complete testing data for 2026 at the time of this proposed rulemaking. Figure 7--Summary of Annual Costs, 2027-2036 -------------------------------------------------------------------------------------------------------------------------------------------------------- Unscheduled maintenance Year Test expirations hours Total -------------------------------------------------------------------------------------------------------------------------------------------------------- 2027.......................................................... $3,722,210 $82,447 $3,804,656 2028.......................................................... 5,077,705 82,447 5,160,152 2029.......................................................... 5,576,930 82,447 5,659,377 2030.......................................................... 1,233,212 82,447 1,315,659 2031.......................................................... 1,305,757 82,447 1,388,203 2032.......................................................... 1,509,763 82,447 1,592,210 2033.......................................................... 747,702 82,447 830,148 2034.......................................................... 747,213 82,447 829,660 2035.......................................................... 596,926 82,447 679,373 2036.......................................................... 150,287 82,447 232,733 ----------------------------------------------------------------------------------------- Total..................................................... 20,667,705 824,467 21,492,172 -------------------------------------------------------------------------------------------------------------------------------------------------------- Summary of Economic Effects Figure 8 summarizes the economic effects of the proposed rule over the ten-year analysis period. At a three percent discount rate, the proposed rule would have total costs of $18.3 million in 2024 dollars and annualized costs of $2.0 million discounted to 2024. At a seven percent discount rate, the proposed rule would have total costs of $14.6 million in 2024 dollars and annualized costs of $1.7 million discounted to 2024. To assess net benefits, FTA would need information to quantify benefits for requiring more recent bus testing reports. Figure 8--Summary of Economic Effects, 2027-2036 [$2024, discounted to 2024] ---------------------------------------------------------------------------------------------------------------- Total Item (undiscounted) Annualized (3%) Annualized (7%) ---------------------------------------------------------------------------------------------------------------- Benefits........................ Unquantified...... ............................ ............................ Costs: Testing recertification $20,667,705....... $1,968,313 $1,618,569 requirements. Lowered threshold for USM... $824,467.......... 73,800 56,307 ------------------------------------------------------------------------------- Total costs............. $21,492,172....... 2,042,113 1,674,876 Net benefits.................... Unquantified...... ............................ ............................ ----------------------------------------------------------------------------------------------------------------

L. 104-4, March 22, 1995, 109 Stat. 48). This proposed rule does not

include a Federal mandate that may result in expenditures of $100 million or more in any one year (when adjusted for inflation) for either State, local, and Tribal governments in the aggregate, or by the private sector. In addition, the definition of ``Federal mandate'' in the Unfunded Mandates Reform Act excludes financial assistance of the type in which State, local, or Tribal governments have authority to adjust their participation in the program in accordance with changes made in the program by the Federal Government. The Federal Transit Act permits this type of flexibility. E.O. 13132 (Federalism Assessment) E.O. 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 action has been analyzed in accordance with the principles and criteria contained in E.O. 13132 dated August 4, 1999, and FTA determined this action will not have a substantial direct effect or sufficient federalism implications on the States. FTA also determined this action will not preempt any State law or regulation or affect the States' ability to discharge traditional State governmental functions. E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program. Paperwork Reduction Act In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. et seq.) (PRA), and OMB implementing regulation at 5 CFR 1320.8(d), FTA is seeking approval from OMB for changes to an information collection that is currently approved and associated with this notice of proposed rulemaking. The information collection (IC), OMB control number 2132- 0550, was previously approved on February 24, 2023. However, this submission includes revised changes and clarifications to the Bus Testing Program including updates to the procedures, program policies, and interpretations. Type of Collection: Bus Manufacturers. Type of Review: OMB Clearance. Previously Approved Information Collection Request. Summary of the Collection: FTA funds appropriated or otherwise made available may not be obligated or expended for the acquisition of a new bus model unless a bus of that model has been tested for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise at a bus testing facility authorized under 49 U.S.C. 5318(a). In addition, Partial Testing is available for previously tested bus models being produced with a major change that could produce significantly different data in one or more of the test procedures. Upon completion of the testing of the vehicle, a bus testing report is provided to the manufacturer. Under 49 CFR 665.7(a), a recipient of Federal funds must certify that any new bus model acquired with FTA financial assistance has been tested in accordance with the requirements of part 665 and received a passing test score before expenditure of any FTA funding on a bus. Need for and Expected Use of the Information To Be Collected: The Bus Testing Program was created to provide transit agencies an independent source of bus performance results that could be used to improve their bus procurement decisions. Without the program, transit agencies would have to rely on either manufacturer-supplied information, information supplied by third parties, information from their own pilot bus demonstrations, or experiences other transit agencies choose to share regarding a particular bus model. Without a neutral testing program, it is likely that the market would be flooded with lower-quality bus models that would increase life-cycle costs and degrade bus service. The information collected by the Bus Testing Program is needed to: (1) identify and describe the bus model in question, (2) determine the eligibility of a new bus model for testing as per 49 CFR 665.11; (3) determine the type of testing necessary; (4) satisfy the legal and administrative requirements necessary to authorize the Bus Testing Facility to schedule the testing of a new bus model; (5) collect new bus model design and component information for inclusion in the Bus Testing Report; and (6) determine the maximum rated standee passenger capacity of a new bus model. Respondents: Bus manufacturers and recipients of FTA funds. Frequency: Periodic. National Environmental Policy Act The Department has analyzed the environmental impacts of this notice of proposed rulemaking pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). FTA has determined that this rule is categorically excluded pursuant to 23 CFR 771.118(c)(4). Categorical exclusions are categories of actions that the agency has determined normally do not significantly affect the quality of the human environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See DOT Order 5610.1D Sec. 9. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Sec. 9(b). This rulemaking, which revises FTA's Bus Testing regulations, is categorically excluded pursuant to 23 CFR 771.118(c)(4), which states that the promulgation of rules and regulations are categorically excluded. FTA does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking. E.O. 12630 (Taking of Private Property) FTA has analyzed this proposed rule under E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. FTA does not believe this proposed rule affects a taking of private property or otherwise has taking implications under Executive Order 12630. [[Page 38635]] Executive Order 12988 (Civil Justice Reform) This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. E.O. 13045 (Protection of Children) FTA has analyzed this proposed rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. FTA certifies that this action will not cause an environmental risk to health or safety that might disproportionately affect children. E.O. 13175 (Tribal Consultation) FTA has analyzed this proposed rule under E.O. 13175, dated November 6, 2000, and believes that it 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 summary impact statement is not required. Executive Order 13211 (Energy Effects) FTA has analyzed this action under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. FTA has determined that this action is not a significant energy action under that order and 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. Regulation Identifier Number A Regulation Identifier Number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this proposed rule with the Unified Agenda. List of Subjects in 49 CFR Part 665 Buses, Grant programs--transportation, Motor vehicle safety, Public transportation, Reporting and recordkeeping requirements. Jamie Pfister, Acting Executive Director. For the reasons set forth in the preamble, the Federal Transit Administration proposes to revise and republish 49 CFR part 665 to read as follows: PART 665--BUS TESTING Subpart A--General Sec. 665.1 Purpose. 665.3 Scope. 665.5 Definitions. 665.7 Certification of compliance. Subpart B--Bus Testing Procedures Sec. 665.11 Testing requirements. 665.13 Test report and manufacturer certification. Subpart C--Operations Sec. 665.21 Scheduling. 665.23 Fees. 665.25 Transportation of vehicle. 665.27 Procedures during testing. Appendix A to Part 665--Bus Model Scoring System and Pass/Fail Standard Authority: 49 U.S.C. 5318 and 49 CFR 1.91. Subpart A--General Sec. 665.1 Purpose. An applicant for Federal financial assistance for the purchase or lease of buses with funds obligated by the Federal Transit Administration (FTA) shall certify to FTA that any new bus model acquired with such assistance has been tested and has received a passing test score 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 exclude a bus of its automotive character or the testing requirement. Baseline (bus) model means the original configuration of a bus model that completed full testing and serves as a basis for partial testing of subsequent changes in configuration or components. Baseline report means a full bus testing report on a closely- related bus model that provides the data for those test procedures that are not covered in a partial testing report for a bus model. Bus means a rubber-tired automotive vehicle used for the provision of public transportation service by or for a recipient of FTA financial assistance. Bus model means a bus design or variation of a bus design usually designated by the manufacturer by a specific name, model number, or both. Bus Testing Facility means the facility used by the entity selected by FTA to conduct the bus testing program, including test track facilities operated in connection with the program. Bus testing report (full report or full testing report) means the complete test report for a bus model, documenting the results of performing the complete set of bus tests on a bus model. A full testing report on a zero-emission vehicle includes all test procedures except for the Emissions test. Curb weight (CW) means, for the Check-In test procedure described in Sec. 665.27(a), the weight of the bus ready to operate including maximum fuel, oil, and coolant, but without passengers or driver. During the Structural Durability test and any other test performed with a driver, curb weight includes the actual weight of the driver operating the bus during dynamic testing. 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 exit the tailpipe. 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). Failure means an abrupt or gradual cessation of normal function or inability to function as required. Failure class means the classification assigned by the Operator to a failure of the bus that occurs at any time during any testing. The failure classes are: Class 1--A failure that represents a serious safety hazard such as a high risk of passenger, driver, or bystander injury, or major property damage. Class 2--A failure in which the vehicle cannot be operated and requires maintenance personnel to perform an on-road repair, or tow the vehicle to a maintenance facility. Class 3--A failure that requires prompt repair to the vehicle, but the vehicle can be driven to a maintenance facility. Class 4--A failure that degrades the functionality of the vehicle but does not require prompt repair. [[Page 38636]] Failure mode means the way in which a component or system fails. Final acceptance means the formal approval by the recipient that the vehicle has met its key bid specifications, the recipient has received proper title, and the recipient has released the FTA funding to the vehicle manufacturer. Gross weight (Gross vehicle weight, or GVW) means the seated load weight of the bus plus 150 pounds of ballast for each standee passenger, up to and including, the maximum rated standee passenger capacity identified by the manufacturer on the bus interior bulkhead. Hybrid means a propulsion system that combines more than one power source, at least one of which is capable of capturing, storing, and re- using energy. Major change in design means a change in the design of the vehicle that could result in significantly different testing data compared to the baseline model. Major changes in design include, but are not limited to, a change in chassis model, frame structure, material or configuration, or a change in suspension type. Major change in components means a change or substitution in the components installed in the vehicle that could result in significantly different testing data compared to the baseline model. Major changes in components include, but are not limited to: (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 in the configuration of the vehicle that could result in significantly different testing data compared to the baseline model. Non-recurring engineering hours means time that a vehicle manufacturer expends to perform a root-cause analysis of a failure that occurs or is imminent during testing and develop a change to the vehicle design that will be incorporated into production vehicles. New bus model means a bus model that-- (1) Has not been used in public transportation service in the United States before; or (2) Has been used in public transportation service in the United States but which 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 (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 corresponding baseline full bus testing report for the corresponding bus configuration. Public transportation service means the operation of a vehicle that provides general or special service to the public on a regular and continuing basis consistent with 49 U.S.C. chapter 53. Recipient means an entity that receives funds under 49 U.S.C. chapter 53, either directly from FTA or through a direct recipient. Recurring failure means a failure mode that occurs repeatedly during testing. Regenerative braking system means a system that decelerates a bus by recovering kinetic energy and storing that energy on-board for subsequent use. Retarder means a system other than the service brakes that slows a bus by dissipating kinetic energy. Seated load weight (SLW) means the curb weight of the bus plus the seated passenger load simulated by adding 150 pounds of ballast to each seating position and 600 pounds per wheelchair 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, regenerative braking systems, or both. Tailpipe emissions means the exhaust constituents 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 4-year/100,000-mile useful life category van that is mass-produced, complete and fully assembled as provided by an OEM, and is identified on a list of unmodified mass- produced vans that shall be maintained by FTA. This may include vans with raised roofs, 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 has not been modified. Uncorrected failure means a failure that was detected during the test that has not been successfully resolved through design, manufacturing process, quality control, or other improvement(s) by the manufacturer and successfully validated by sufficient subsequent testing. Unscheduled maintenance hours means the time required to repair or otherwise correct a failure that occurs during testing. Such time does not include non-recurring engineering hours incurred to understand and correct the root cause of a failure. Useful life category means the time or distance that a vehicle must remain in service before it is eligible for FTA-funded replacement. The Bus Testing Program uses the useful life categories defined in the current version of FTA Circular 5010. Sec. 665.7 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 FTA, the recipient shall certify that the bus model was tested at the Bus Testing Facility and that the bus received a passing test score as required in this part. A recipient may only certify under this section based on a bus testing report, or a combination of a baseline full bus testing report and a partial testing report, that each have not expired pursuant to Sec. 665.13(g) at the time of initial contract award. The recipient shall receive the appropriate full bus testing report and any applicable partial testing report(s) before final acceptance of the first vehicle. [[Page 38637]] (b) The recipient shall be responsible for determining whether a vehicle to be acquired has satisfied the requirements of this part. (c) When a bus manufacturer or recipient is uncertain whether full or partial testing is required for a bus model, the bus manufacturer should request an FTA review and determination of Bus Testing requirements for that bus model. Subpart B--Bus Testing Procedures Sec. 665.11 Testing requirements. (a) In order to be tested at the Bus Testing Facility, a new model bus shall-- (1) Be a single model that complies with NHTSA requirements at 49 CFR part 565 Vehicle Identification Number Requirements; 49 CFR part 566 Manufacturer Identification; 49 CFR part 567 Certification; and where applicable, 49 CFR part 568 Vehicle Manufactured in Two or More Stages--All Incomplete, Intermediate and Final-Stage Manufacturers of Vehicle Manufactured in Two or More Stages; (2) Have been produced by an entity whose Disadvantaged Business Enterprise (DBE) goals have been submitted to FTA pursuant to 49 CFR part 26; (3) Identify the maximum rated quantity of standee passengers on the interior bulkhead in 2 inch tall or greater characters; (4) Meet all applicable Federal Motor Vehicle Safety Standards, as defined by the National Highway Traffic Safety Administration in part 571 of this title; (5) Be substantially representative of subsequent production buses of that model; and (6) Identify the manufacturing point of origin for the bus structure and key components of the bus in the testing authorization request submitted to FTA. (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 testing 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 in place of full testing. (d) Changes in chassis or components. (1) 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 in place of full testing. (2) Unless FTA issues a written determination to the contrary, a bus model built on an unmodified third-party chassis that has previously satisfied Bus Testing requirements will not require additional testing solely due to model year updates to that chassis made by its third-party chassis manufacturer. (e) Buses shall be tested according to the useful life category. (f) Tests performed in a higher useful life category (i.e., longer useful life) need not be repeated when the same bus model is used in lower useful life applications. (g) Unless FTA determines that it is impractical, or insignificant, a bus model shall be tested in all of its significant modes of operation, and the resulting data shall be included in the bus testing report. Sec. 665.13 Test report and manufacturer certification. (a) The Operator of the Bus Testing Facility shall implement the performance standards and scoring system set forth in this part. (b) Upon completion of testing, the Operator of the facility shall provide the scored test results and the resulting test report to the entity that submitted the bus for testing and to FTA. The test report will be available to recipients only after both the bus manufacturer and FTA have approved it for release. If the bus manufacturer declines to release the report, or if the bus did not achieve a passing test score, the vehicle will be ineligible for FTA financial assistance. (c) Release of test reports. (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 (c)(1) of this section also shall provide notice to the Operator of the facility that the test results and the test report are to be made available to the public. (d) If a tested bus model with a bus testing report undergoes a subsequent major change in component or configuration, the manufacturer or dealer shall advise the recipient during the procurement process and shall include a description of the change. Any party may ask FTA for a determination regarding the effect of the change on the applicability of the existing bus testing report(s). (e) A bus testing report or partial 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. The Operator shall make the final test results from the approved report available electronically and accessible over the internet. (f) The full or partial bus testing report and the test results are the only official information and documentation that shall be made publicly available in connection with any bus model tested at the Bus Testing Facility, however FTA may use anonymized Bus Testing data, aggregated Bus Testing data, or a combination to support FTA research. (g) Effective three years after the effective date of the final rule, each full or partial bus testing report shall expire 10 years after the date of publication of such report. Subpart C--Operations Sec. 665.21 Scheduling. (a) All requests for testing, including requests for full, partial, or repeat testing, shall be submitted to FTA in the manner and form prescribed by FTA prior to scheduling with the Operator of the Bus Testing Facility. (b) FTA will review the request and provide an initial response within five (5) business days. FTA will then conduct a detailed review and provide a written response to the requester authorizing testing, or explaining why testing is not authorized. (c) To schedule a bus for testing, a manufacturer shall contact the Operator of the Bus Testing Facility and reference or provide the written FTA testing authorization. Contact information and procedures for scheduling testing are available on the Operator's Bus Testing website, which will be linked from the FTA Bus Testing website. (d) Upon contacting the Operator, the Operator shall provide the manufacturer with the following: (1) A draft contract for the testing; (2) A time and fee schedule; and (3) The test procedures for the tests that will be conducted on the vehicle. (e) The Operator shall process vehicles FTA has approved for testing in the order in which the contracts are signed. [[Page 38638]] Sec. 665.23 Fees. (a) The operator shall charge fees in accordance with a schedule approved by FTA, which shall include different fees for partial testing. (b) Fees shall be prorated for a vehicle withdrawn from the Bus Testing Facility before the completion of testing. (c) The manufacturer's portion of the test fee shall be used first during the conduct of testing. If the Operator has concerns about continuing a test of a bus model, the Operator shall obtain approval from FTA prior to continuing testing of that bus model using the Bus Testing Program's share of the testing fee after the manufacturer's fee has been expended. (d) A manufacturer that resubmits a bus model for testing after previously withdrawing that bus model from testing shall submit 100 percent of the applicable testing fee to the Operator prior to beginning each retest. If that bus model subsequently receives a passing score, the manufacturer shall be refunded upon publication of the resulting full or partial Bus Testing Report for FTA's share of the testing fee that was in effect when the contract was signed for the test that resulted in a published full or partial Bus Testing Report. Sec. 665.25 Transportation of vehicle. A manufacturer shall be responsible for transporting its vehicle to and from the Bus Testing Facility at the manufacturer's own risk and expense. Sec. 665.27 Procedures during testing. (a) Upon receipt or as early as practicable, and during testing of a bus approved by FTA for testing, the Operator shall: (1) Inspect the bus design configuration and compare it to the configuration documented in the test authorization; (2) Determine if the bus, when loaded to gross weight, does not exceed its gross vehicle weight rating, gross axle weight ratings, or tire load ratings; (3) Determine if the bus is capable of negotiating the durability test track at curb weight, seated load weight, and gross vehicle weight; (4) Determine if the bus is capable of performing the Fuel Economy and Emissions Test duty cycles within the established standards for speed deviation; (5) Identify any safety concerns; and (6) Identify any concerns that the bus is not suitable or fit for its intended transit service. (b) The Operator shall present the results obtained from the activities of paragraph (a) of this section to the bus manufacturer and the FTA Bus Testing Program Manager for review and correction as needed prior to initiating testing using the Bus Testing Program funds, and any other time during testing that the bus is discovered to be non- compliant with those criteria. FTA will provide a written response within five (5) business days to authorize the start or continuation of testing or to request clarification for any discrepancies noted from the activities of (a). Testing may commence or continue after five (5) business days if FTA does not provide a response. (c) 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. (d) 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. (e) The Operator shall investigate any occurrence of unauthorized maintenance or repairs and together with FTA, if necessary, determine the potential impact to the validity of the test results. Tests where the results could have been impacted must be repeated at the manufacturer's expense. (f) If a manufacturer requests permission to make a modification to a test vehicle to address a problem discovered during testing, the Operator shall perform the modification on the test vehicle consistent with the manufacturer's specifications, unless the Operator determines that the nature of the modification is best performed by the manufacturer under the Operator's supervision. All vehicle modifications performed after a test has started will first require review and approval by FTA. If a modification is determined to be a major change, some or all of the tests already completed shall be repeated or extended at FTA's discretion. Any modification made to a test bus will be documented in the Bus Testing Report and must be applied to future production buses of that model for such bus model to be acquired with FTA financial assistance. (g) The Operator shall halt testing after any occurrence of unapproved, unauthorized, or unsupervised test vehicle modifications. Following an occurrence of unapproved or unsupervised test vehicle modification, the vehicle manufacturer shall submit a new test request to FTA that addresses all the requirements in Sec. 665.11 to reenter the Bus Testing Program. (h) The Operator shall perform tests on new bus models in the categories specified by 49 U.S.C. 5318. The tests and their corresponding performance standards are summarized in the following paragraphs, and in appendix A to this part. The Operator shall develop detailed testing procedures, which must be approved by FTA. The Operator shall make any testing procedures publicly available. If a bus model has new technologies, features, capabilities, or limitations, FTA may work with the Operator to modify the testing and reporting for such bus model to the extent necessary to meet the intent of 49 U.S.C. 5318 and this part. If a bus model has limitations that affect the testing that could be performed, the resulting full or partial bus testing report shall prominently note on the cover that the bus model has limitations that may affect its suitability for certain types of public transportation service. The report shall provide details on the nature and degree of such limitations. (1) Maintainability test. The Maintainability test shall include bus servicing, preventive maintenance, inspection, and repair. It shall also include the removal and reinstallation of a representative sample of bus components that are likely to require removal and replacement during the useful life of a transit bus. All servicing, preventive maintenance, and repair actions shall be recorded and reported, including repairs required during any partial testing. These actions shall be performed by test facility staff, although manufacturers shall 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. All routine and corrective maintenance shall be carried out by the Operator in accordance with the manufacturer's specifications and guidance. (i) The Maintainability Test Report shall 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 purchaser shall be included in the report. (ii) The performance standard for Maintainability is that no greater than the following hours of total unscheduled maintenance shall be accumulated over the execution of a test: (A) 12-year/500,000-mile useful life category: 125 hours. (B) 10-year/350,000-mile useful life category: 110 hours. [[Page 38639]] (C) 7-year/200,000-mile useful life category: 80 hours. (D) 5-year/150,000-mile useful life category: 60 hours. (E) 4-year/100,000-mile useful life category: 50 hours. (2) Reliability test. The Reliability test is not a separate test but shall be addressed by recording all bus failures and breakdowns during all other testing. The detected bus failures, repair time, and the actions required to return the bus to operation shall be presented in the report. The performance standard for Reliability is that the vehicle under test experience no more than two uncorrected Class 2 failures over the execution of a test. (3) Safety test. The Safety test shall consist of a Handling and Stability test, a Braking Performance test, and a review of the Class 1 failures that occurred during the test. (i) The Bus Testing Report shall discuss any safety concerns discovered by the Operator and the actions taken to address those concerns prior to starting or resuming testing. (ii) The Handling and Stability test shall be an obstacle avoidance double-lane change test performed on a smooth and level test track. The performance standard is that the test vehicle can safely negotiate and remain within the lane change test course at a speed of 45 mph. (iii) The functionality and performance of the service, regenerative (if applicable), and parking brake systems shall be evaluated at the test track. The test bus shall be subjected to a series of brake stops from specified speeds on high, low, and split- friction surfaces. The parking brake shall be evaluated with the bus parked facing both up and down a steep grade. There are three performance standards for braking. The stopping distance from a speed of 45 mph on a high friction surface shall be based on the bus stopping distance requirements of FMVSS 105 or 121 as applicable. The bus shall remain within a standard 12-foot lane width during split coefficient brake stops. The parking brake shall hold the test vehicle stationary on a 20 percent grade facing up and down the grade for a period of 5 minutes. (iv) A review of all the Class 1 failures that occurred during the test shall be conducted as part of the Safety test. The performance standard is that the vehicle completes testing with no uncorrected Class 1 failure modes. (4) Performance test. The Performance test shall measure the maximum acceleration, speed, and gradeability capability of the test vehicle, or calculate these values if direct measurement is not feasible. In determining the transit vehicle's maximum acceleration and speed, the bus shall be accelerated at full throttle from rest until it achieves the lesser of its maximum speed or the maximum required test speed on an actual or simulated level roadway. The performance standard for acceleration is that the maximum time that the test vehicle requires to achieve 30 mph is 18 seconds on a level grade. The gradeability performance of the test vehicle shall be calculated based on the data measured on a level grade during the Acceleration test if it cannot be measured directly. The performance standard for the gradeability test is that the test vehicle achieves a sustained speed of at least 40 mph on a 2.5 percent grade and a sustained speed of at least 10 mph on a 10 percent grade. (5) Structural integrity tests. The structural integrity of the vehicle will be assessed by a combination of static and dynamic tests: (i) Structural strength and distortion tests. (A) Structural Distortion--The bus shall be loaded to GVW, with each wheel raised one-at-a-time to simulate being on top of a curb, and then lowered to simulate being in a pothole. The following three tests will be performed at each suspension travel condition, and the performance standards shall be: (1) Normal operation of the steering mechanism; (2) Operability of all passenger doors, passenger escape mechanisms, windows, and service doors; and (3) No uncorrected safety hazards during a water leak test. (B) Static Towing--Using a load-equalizing towing sling, a static tension load equal to 1.2 times the curb weight shall be applied to the bus towing fixtures (front and rear). The load shall be removed, and the tow fixtures and adjoining structure inspected for damages or permanent deformations. The performance standard shall be that no significant damage or deformation is experienced at static loads up to 1.2 times the vehicle curb weight. (C) Dynamic Towing--The bus shall be towed at curb weight with a tow truck and then inspected for structural damage or deformation. The performance standard shall be that the vehicle is safely towable by a tow truck without experiencing any significant damage to the vehicle. (D) Jacking--With the bus at curb weight, probable damages and clearance issues due to tire deflating and hydraulic jacking shall be assessed. The performance standard shall be that the vehicle is capable of being lifted safely, securely, and without damage using a hydraulic floor jack with a tire fully deflated. (E) Hoisting--With the bus at curb weight, possible damages or deformation associated with lifting the bus on a two-post hoist system or wheel lifts and supporting it on jack stands shall be assessed. The performance standard shall be that the vehicle is capable of being hoisted, supported by jack stands, and lowered safely and without damage. (ii) Structural durability test. The Structural Durability test shall be performed by operating the bus on the durability course, simulating twenty-five percent of the vehicle's expected useful life. The bus structure shall be inspected regularly during the test, and any identified structural anomalies and failures, and actions taken to address them, shall be described, classified, and reported in the Reliability test along with the corresponding date and test mileage. There shall be two performance standards for the Structural Durability test, one to address the vehicle frame and body structure, and one to address the bus propulsion system. The performance standard for the vehicle frame and body structure shall be that there are no uncorrected failure modes of the vehicle frame and body structure at the completion of the test. The performance standard for the vehicle propulsion system is that there are no uncorrected powertrain failure modes at the completion of the test. (6) Fuel economy test. The Fuel Economy test shall be conducted using duty cycles that simulate representative transit service operating profiles. This test shall measure the fuel economy, or energy efficiency and driving range, of the vehicle and present the results in metrics that are accepted by the transit community and minimize the number of unit conversions for mass, volume, and energy. (i) The Fuel Economy test shall be designed only to enable FTA recipients to compare the relative fuel economy, or energy efficiency and driving range, of buses operating at a consistent loading condition on the same set of typical transit driving cycles. The results of this test are intended to be independent of fuel economy estimates by other agencies, such as the National Highway Traffic Safety Administration (NHTSA) or the U.S. Environmental Protection Agency (EPA) or for other purposes. (ii) The performance standard for the Fuel Economy test is that the vehicle shall be compliant with the prevailing model year fuel consumption standards for heavy-duty vocational vehicles outlined in NHTSA's Medium and [[Page 38640]] Heavy-Duty Fuel Efficiency Program (49 CFR part 535). (iii) Scoring for the Fuel Economy test shall be pro-rated for vehicles that use more than one fuel type or energy source. Plug-in hybrid vehicles will be pro-rated using industry standards, otherwise, dual-fuel or multi-fuel vehicles will be pro-rated by each fuel source equally for scoring purposes. (7) Noise test. The Noise test shall measure interior noise and vibration while the bus is idling (or in a comparable operating mode), accelerating, and driving over smooth and irregular road surfaces. The Noise test shall also measure the transmission of exterior noise to the interior while the bus is not running. The Noise test will also report any notable audible vibrations, rattles, or loud noises during operation on public roadways. There shall be two minimum noise performance standards: The performance standard for interior noise shall be no greater than 80 decibels A-weighted in any normal condition encountered during testing, including while the vehicle accelerates from 0-35 mph. The performance standard for exterior noise shall be no greater than 83 decibels A-weighted in any normal condition encountered during testing, including while the vehicle accelerates from 0-35 miles per hour. If a bus model fails a noise performance standard, the manufacturer may make corrections to the bus and repeat the noise tests. (8) Emissions test. The Emissions test shall 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 specific repeatable transit vehicle driving cycles. (i) 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 need not be directly comparable to emissions measurements reported to other agencies, such as the EPA, or for other purposes. (ii) The emissions performance standard shall be based on the prevailing EPA emissions requirements for heavy-duty vehicles outlined in 40 CFR part 86 and 40 CFR part 1037. (iii) Buses that are defined by EPA as ``zero-emission vehicles'' are categorically exempt from the Emissions test of this part. Appendix A to Part 665--Bus Model Scoring System and Pass/Fail Standard

1. Bus Model Scoring System

The Bus Model Scoring System shall be used to score the test results using the performance standards in each category. A bus model that fails to meet a minimum performance standard shall be deemed to have failed the test and will not receive an aggregate score. For buses that have passed all the minimum performance standards, an aggregate score shall be generated and presented in each bus testing report. A bus model that just satisfies the minimum baseline performance standard and does not exceed any of the standards shall receive a score of 60. The maximum score a bus model shall receive is 100. The minimum and maximum points available in each test category shall be as shown below in Table A. The bus testing report will include a scoring summary table that displays the resulting scores in each of the test categories and subcategories. The scoring summary table shall have a disclaimer footnote stating that the use of the scoring system is not mandatory, only that the bus being procured receive a passing score.

2. Pass/Fail Standard

The passing standard shall be a score of 60. Bus models that fail to meet one or more of the minimum baseline performance standards will be ineligible to obtain an aggregate passing score. BILLING CODE 4910-57-P [[Page 38641]] [GRAPHIC] [TIFF OMITTED] TP26JN26.054 [[Page 38642]] [GRAPHIC] [TIFF OMITTED] TP26JN26.055 [FR Doc. 2026-12919 Filed 6-25-26; 8:45 am] BILLING CODE 4910-57-C