Federal Motor Vehicle Safety Standards; Motorcycle Brake Systems; Motorcycle Controls and Displays
Federal Register, Volume 79 Issue 228 (Wednesday, November 26, 2014)
Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)
Proposed Rules
Pages 70491-70497
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2014-27871
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
Docket No. NHTSA-2014-0117
RIN 2127-AL48
Federal Motor Vehicle Safety Standards; Motorcycle Brake Systems; Motorcycle Controls and Displays
AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to amend Federal Motor Vehicle Safety Standards (FMVSSs) Nos. 122 and 123, to allow the use of an internationally recognized symbol as the antilock brake system (ABS) malfunction telltale. Although the use of the symbol complies with the FMVSS No. 122 requirement that the letters ``ABS'' indicate a malfunction, the height of the letters ``ABS'' within the standardized malfunction symbol on many motorcycles do not comply with the letter height requirement in FMVSS No. 122. We also are proposing a technical change to correct a mistake in the 2012 final rule adopting FMVSS No. 122.
DATES: Submit comments on or before December 26, 2014.
ADDRESSES: You may submit comments electronically to the docket identified in the heading of this document by visiting the following Web site:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments.
Alternatively, you can file comments using the following methods:
Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001
Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
Fax: (202) 493-2251
Regardless of how you submit your comments, you should mention the docket number identified in the heading of this document.
Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78).
Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Follow the online instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact Mike Pyne, Office of Crash Avoidance Standards, by telephone at (202) 366-1810. For legal issues, you may contact David Jasinski, Office of the Chief Counsel, by telephone at (202) 366-2992. You may send mail to both of these officials at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
On August 24, 2012, NHTSA published a final rule in the Federal Register amending Federal Motor Vehicle Safety Standard (FMVSS) No. 122, Motorcycle Brake Systems.\1\ This final rule adopted harmonized requirements and test procedures derived from a global technical regulation (GTR) for motorcycle brakes. The substantive provisions of FMVSS No. 122 had not been updated since their adoption in 1972 and no longer reflected the performance of modern motorcycle brake systems. Consistent with the 1998 United Nations Economic Commission for Europe (UNECE) Agreement Concerning the Establishment of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts Which Can Be Fitted And/or Be Used On Wheeled Vehicles,\2\ GTR No. 3 was established. GTR No. 3 combined the best practices of requirements and test procedures available internationally, mainly drawn from FMVSS No. 122, UNECE Regulation No. 78, and the Japanese Safety Standard JSS12-
61.\3\
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\1\ 77 FR 51649.
\2\ The 1998 UNECE Agreement Concerning the Establishment of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts Which Can Be Fitted And/or Be Used On Wheeled Vehicles (1998 Agreement) was concluded under the auspices of the United Nations and provides for the establishment of globally harmonized vehicle regulations. This 1998 Agreement, whose conclusion was spearheaded by the United States, entered into force in 2000 and is administered by the UNECE's World Forum for the Harmonization of Vehicle Regulations (WP.29). See http://www.unece.org/trans/main/wp29/wp29wgs/wp29gen/wp29age.html (last accessed June 25, 2014).
\3\ A copy of GTR No. 3 was placed in the docket for the NPRM associated with the final rule revising FMVSS No. 122. See Docket No. NHTSA-2008-0150-0002.
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Among the performance requirements adopted as part of the revised FMVSS No. 122 are tests for antilock brake system (ABS) performance. Prior to the August 2012 final rule, FMVSS No. 122 contained no ABS performance requirements. Although FMVSS No. 122 does not require motorcycles to be equipped with ABS, it includes test procedures and minimum performance requirements to assess the stability and stopping performance of motorcycles that are equipped with ABS. The new tests, adopted from the GTR, include stopping distance performance requirements on high and low friction surfaces, wheel lock tests on high and low friction surfaces, and wheel lock tests for high-to-low friction and low-to-high friction surface transitions. The new performance requirements also include a performance test related to the failure of the ABS system. These new requirements are mandatory for most motorcycles manufactured on or after September 1, 2014.
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The prior version of FMVSS No. 122 did not include any requirements for an ABS malfunction telltale. Both the GTR and the 2008 NPRM proposing the revised FMVSS No. 122 specified that all motorcycles equipped with ABS must also be fitted with a yellow warning lamp that illuminates whenever there is a malfunction that affects the generation or transmission of signals in the motorcycle's ABS system. We provided no further specifications for the lamp in the NPRM.
In paragraph S5.1.10.2 of the final rule, consistent with other FMVSSs addressing ABS system failure \4\ and with FMVSS No. 101, Controls and Displays,\5\ we required that motorcycle brake ABS system failures must be indicated to the driver with a telltale identified by the words ``Antilock'' or ``Anti-lock'' or ``ABS.'' We also added a specification that the telltale be labeled in letters at least 3/32 inch (2.4 mm) high. This minimum letter height specification is consistent with the existing requirement for a brake failure malfunction telltale identifier for motorcycles.\6\
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\4\ See, e.g., 49 CFR 571.121, S5.1.6.2.
\5\ We referenced FMVSS No. 101, notwithstanding the fact that it does not apply to motorcycles, because it had an existing labeling requirement for ABS malfunction in Table 1.
\6\ See 49 CFR 571.122a, S5.1.3.1(d).
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Several months after the agency published the August 2012 final rule, we were contacted by the Motorcycle Industry Council, Honda, and Harley-Davidson. These organizations informed NHTSA that ABS-equipped motorcycles that they produce already have ABS malfunction warning lamps and that the current practice is to use the International Organization for Standardization (ISO) symbol for ABS malfunction, which is pictured in Figure 1. The ISO symbol incorporates the letters ``ABS'' consistent with the requirement in FMVSS No. 122. However, the ISO symbol has no size requirement associated with it, nor is there a specification regarding the size of the lettering within the symbol.
GRAPHIC TIFF OMITTED TP26NO14.006
Honda informed NHTSA that the typical height of the symbol on a production motorcycle equipped with ABS is 7 millimeters, and the letters ``ABS'' are approximately 2 millimeters high, though the dimensions may vary. We do not have information on the range of symbol or letter sizes among various makes and models, nor are we are aware of any standard that specifies symbol or letter size.
However, based on the information provided by Honda and conversations that the agency has had with the Motorcycle Industry Council and Harley-Davidson, we believe that, in order to comply with the letter height requirement for the ABS malfunction telltale identifier in FMVSS No. 122, manufacturers would have to enlarge the symbol or the telltale lamp considerably so that the letters ``ABS'' are \3/32\ inch (2.4 millimeters) in height. Alternatively, they could add a separate label using ``ABS'' or ``Antilock'' or ``Anti-Lock'' that are the specified minimum height in place of, or in addition to, the ISO symbol. Motorcycle manufacturers assert that this would constitute a costly redesign of the telltale or instrument panel on many ABS-equipped motorcycles without any discernible safety benefit as a result of the redesign.
Upon consideration of the concerns raised by the Motorcycle Industry Council, Honda, and Harley-Davidson, the agency is proposing to remove the letter height specification for the ABS malfunction telltale if manufacturers use the ISO symbol for ABS malfunction. We are also proposing to remove the reference to the ABS malfunction telltale specified in FMVSS No. 101 because that standard does not apply to motorcycles. Instead, we are proposing to place the specification for the ABS malfunction telltale in FMVSS No. 123, Motorcycle Controls and Displays, which is the corresponding FMVSS applicable to motorcycles.\7\ However, if only text is used for the ABS malfunction telltale, the minimum letter height requirement would still apply.
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\7\ The inclusion of the ISO symbol for ABS malfunction in FMVSS No. 123 is also consistent with the recently adopted GTR No. 12, related to the location, identification, and operation of motorcycle controls, telltales, and indicators. See http://www.unece.org/fileadmin/DAM/trans/main/wp29/wp29wgs/wp29gen/wp29registry/ECE-TRANS-180a12e.pdf. However, this rulemaking is not intended to implement any other provision of GTR No. 12.
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We have no reason to believe that using the ISO symbol in lieu of text labeling at a minimum height would affect the safety of motorcycles or the general public. The types of failure indicated by the ABS malfunction telltale are electronic failures that result in the loss of ABS functionality, but do not cause loss of braking ability. As stated above, FMVSS No. 122 contains a performance requirement to ensure minimum braking capability in the event of an ABS system malfunction. Moreover, the agency has minimum performance requirements to ensure that a minimum level of braking capability is maintained even if there is a more severe system failure such as a brake fluid leak.
We request comment on whether there should be a minimum height requirement for an ABS malfunction telltale that uses the ISO symbol. Honda informed NHTSA that the height of the symbol on a motorcycle equipped with ABS is typically 7 millimeters. We request comment on whether a minimum height requirement for the ISO symbol should be applied and, if so, how large the symbol should be. Specifically, we ask whether the 7 millimeter height suggested by Honda as a minimum height (or a different height) would ensure readability without requiring a redesign of the telltale or instrument panel on many ABS-
equipped motorcycles.
In view of this proposal, it is the intent of the agency not to enforce the minimum height requirement for the ABS malfunction telltale for any motorcycle that uses the ISO symbol for ABS malfunction set forth above in Figure 1. We intend to continue this nonenforcement policy until a final rule implementing this proposal becomes effective. This nonenforcement policy will provide relief to motorcycle manufacturers that use the ISO symbol for ABS system malfunction, but could not meet the September 1, 2014 deadline for compliance without incurring expenses associated with redesign of the telltale or instrument panel. Again, we have no information that adverse safety consequences would
Page 70493
result from allowing motorcycle manufacturers to use the ISO symbol for the ABS malfunction telltale rather than requiring them to add a new ABS malfunction telltale at this time.
We are also proposing a correction of a typographical error in FMVSS No. 122. In paragraph S6.3.2(d), which contains the test procedure for the dry stop test with a single brake control actuated, the brake actuation force specified for motorcycles in categories 3-1, 3-2, 3-3, and 3-5 is specified as Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that isn't clear?
Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or diagrams?
What else could we do to make the rule easier to understand?
If you have any responses to these questions, please include them in your comments on this proposal.
K. Regulation Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda.
L. Privacy Act
Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78).
List of Subjects in 49 CFR Parts 571
Imports, Motor vehicle safety, Reporting and recordkeeping requirements, Tires.
In consideration of the foregoing, NHTSA proposes to amend 49 CFR part 571 as follows:
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
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1. The authority citation for part 571 of Title 49 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.95.
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2. Amend Sec. 571.122 by revising S5.1.10.2(c) and S6.3.2(d)(2)(i) and (d)(2)(ii) to read as follows:
Sec. 571.122 Standard No. 122; Motorcycle brake systems.
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S5.1.10.2 Antilock brake system warning lamps.
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(c) The warning lamp shall be labeled in accordance with the specifications in Table 3 of Standard No. 123 (Sec. 571.123) for ``ABS Malfunction'' (Item No. 13).
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S6.3.2 Test conditions and procedure.
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(d) * * *
(2) * * *
(i)
