Section 317 of the Surface Transportation and Uniform Relocation Assistance Act (STURAA; Public Law 100-17) of 1987 provided that no funds appropriated or made available under the Urban Mass Transportation Act of 1964, as amended, were to be obligated or expended for the acquisition of a new model bus after September 30, 1989, unless a bus of such model had been tested at a facility to be established in Altoona, Pennsylvania. The purpose of the testing was not to set a standard or grade the performance of the buses, but to provide performance information to the transit authorities that could be used in their purchase or lease decisions.
STURAA required the Federal Transit Administration (FTA) to establish a bus testing facility to test new bus models purchased with Federal funding. In initiating the process to establish this facility, the FTA issued a Bus Testing Notice of Proposed Rule Making (NPRM) on May 25, 1989 (54 FR 22716). One of the key issues identified in the proposed rule was the definition of “bus," which determined the vehicles to be tested at the facility. The agency proposed a comprehensive definition ranging from large buses to small vans. The term "bus" was defined as "a rubber-tired automotive vehicle used for the provision of mass transportation service by or for a recipient." This definition required essentially any new model of a vehicle to be used in mass transportation revenue service and purchased with FTA funds to be first tested at the Bus Testing facility. Thus any new model of a vehicle from the smallest-sized van to the largest heavy-duty articulated transit bus would have to be tested at the bus testing facility if it was to be purchased or leased with FTA funds obligated or expended after September 30, 1989.
Industry comments on the NPRM were deliberated and on August 23, 1989, the FTA issued its first Bus Testing program interim final rule (54 FR 35158). The interim rule notified industry that compliance with the rule would be implemented in phases starting with the larger buses, specifically buses with a service life of 12 and 10 years, and purpose built 7-year buses.
The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA; Pubic Law 102-240) amended section 317 of STURRA in three significant ways. First, it specifically added alternative fuel buses to those required to be tested. Second, it authorized the FTA to pay 80 percent of the costs of bus testing. Both of these changes were addressed in the modifications to the final rule discussed below. Third, ISTEA added braking performance and emissions to the set of tests to be performed at the Bus Testing facility.
Following the 1989 interim final rule, the FTA issued a series of modifications to the rule dated October 9, 1990 (55 FR 41174), March 13, 1992 (57 FR 8954), July 28, 1992 (57 FR 33394), May 26, 1993 (58 FR 30213), and November 3, 1993 (58 FR 58732). The main purpose of these modifications was to integrate the smaller buses into the program, but they also served to make changes to the rule to address program issues. These minor program adjustments were based on operational and testing experience gained in the early years of the program. The July 28, 1992 modification, however, addressed one issue with far greater significance to the program and consequence to industry: manufacturers substantially modifying a previously-tested model.
In the July 28, 1992, amendment, the concept of partial testing was introduced as a means to reduce the testing burden on manufacturers while complying with the intent of the Bus Testing regulation. Partial testing was intended to address previously-tested bus models that had subsequently undergone major modifications. The concept allowed these buses to undergo only those tests in which the data would be expected to be substantially different from the original test data.
The FTA published in the Federal Register (58 FR 30213, May 26, 1993) a notice of availability of a draft document titled, “Testing Requirement Guidelines for Five- and Four-Year Buses; and Partial Bus Testing Procedures for All Bus Categories.” A final version of the 1993 Guidelines was never published, however FTA regularly consulted the draft Guidelines in making partial testing determination. An updated version of the Partial Testing Guidelines is now available on this website.
The service life categories specified in the November 3, 1993 Interim Final Rule included all the service life classifications currently used in the program. These service life categories are:
After the fourth and final interim final rule, FTA released a Dear Colleague letter dated June 13, 1994, with an attachment titled, Bus Testing Program Status and Regulatory Requirements. In this document, the FTA announced its policy that bus testing requirements would not apply to prototype vehicles. FTA defined prototype vehicles as the first five pre-production/new technology demonstration vehicles incorporating a major new design or major new components. In other words, the requirements of the Bus Testing Regulation would apply beginning with the sixth bus after the five prototype(s), regardless of whether the first five had been acquired by a single or multiple grantees using FTA financial assistance. Prototype waivers are not automatic; they must be individually requested and approved. The intent was, and remains, to enable manufacturers increased flexibility to explore new technologies and/or configurations in a limited number of buses, with the expectation that if a production configuration of that bus is eventually put into production, it will incorporate lessons learned from the building of and operational experience with the prototype(s).
The June 13, 1994 Dear Colleague letter also stated that the bus testing requirements did not apply to battery-powered electric buses until further notice. FTA determined that this policy was warranted because there were a limited number of battery powered vehicles being produced, they were in early development phases, and until configurations stabilized testing would create an undue and preclusive burden on the bus manufacturer if every design had to be tested. The FTA also determined that testing requirements did not apply to trolley bus type vehicles powered by electricity supplied by overhead catenary wires. Such vehicles were not subject to the testing requirements because they did not possess a self-contained power source characteristic of an automotive vehicle, and thus did not meet the program's definition of a "bus."
FTA released a second Dear Colleague letter dated May 10, 1996 revising certain bus testing requirements. In this letter, the FTA determined that battery powered electric drive buses without an internal combustion engine (ICE) were subject to the requirements of the Bus Testing Regulation. This rescinded the temporary exemption provided in the June 13, 1994 Dear Colleague letter. The 1996 letter affirmed that the following ICE powered electric drive buses were subject to the requirements of the Bus Testing Regulation:
In the early 2000s, FTA led a series of public and internal discussions regarding whether changes were necessary to accommodate specialized vehicles being proposed for Bus Rapid Transit (BRT) service. FTA determined that vehicles meeting the existing definition of a “bus,” which included almost all vehicles that had been proposed for BRT systems, remained subject to the requirements of the Bus Testing Regulation, and furthermore, the existing regulation, test procedures, and facilities were adequate to test such vehicles. FTA also determined that the existing policies regarding prototype/new technology demonstration vehicles and partial testing requirements were adequate to address vehicles intended for use on BRT systems. On April 1, 2003 (68 FR 15672), the FTA officially finalized the Bus Testing Final Rule by adopting the November 3, 1993 Interim Final Rule without changes.