[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47035-47042]
[FR Doc No: 2020-15963]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 228

[EPA-R04-OW-2016-0354; FRL-10012-27-Region 4]

Ocean Dumping: Modification of an Ocean Dredged Material Disposal
Site Offshore of Mobile, Alabama

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a rule
that modifies the existing EPA-designated ocean dredged material
disposal site (ODMDS) offshore of Mobile, Alabama (referred to
hereafter as the existing Mobile ODMDS), pursuant to the Marine
Protection, Research and Sanctuaries Act of 1972, as amended (MPRSA).
The primary purpose for the

site modification is to enlarge the site to serve the long-term need
for a location to dispose of suitable material dredged from the Mobile
Harbor Federal navigation channel, and for the disposal of suitable
dredged material for persons who receive a MPRSA permit for such
disposal from other sites within Mobile Bay/Port of Mobile. The
modified site will be subject to monitoring and management to ensure
continued protection of human health and the marine environment.

DATES: This final rule is effective on September 3, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R04-OW-2016-0354. All documents in the docket are
listed on the http://www.regulations.gov website. Publicly available
docket materials are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Wade Lehmann, U.S. Environmental
Protection Agency, Region 4, Water Division, Oceans and Estuarine
Management Section, 61 Forsyth Street, Atlanta, Georgia 30303; phone
number<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Potentially Affected Persons

    Persons potentially affected by this action include those who seek
or might seek permits or approval to dispose of dredged material into
ocean waters pursuant to the MPRSA, 33 U.S.C. 1401 to 1445. The EPA's
action would be relevant to persons, including organizations and
government bodies, seeking to dispose of dredged material in ocean
waters offshore of Mobile, Alabama. Currently, the U.S. Army Corps of
Engineers (USACE) would be most affected by this action. Potentially
affected categories and persons include:

------------------------------------------------------------------------
                                      Examples of potentially regulated
             Category                              persons
------------------------------------------------------------------------
Federal government................  USACE Civil Works projects, and
                                     other Federal agencies.
Industry and general public.......  Port authorities, marinas and
                                     harbors, shipyards and marine
                                     repair facilities, berth owners.
State, local and tribal             Governments owning and/or
 governments.                        responsible for ports, harbors, and/
                                     or berths, Government agencies
                                     requiring disposal of dredged
                                     material associated with public
                                     works projects.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding persons likely to be affected by this
action. For any questions regarding the applicability of this action to
a particular person, please refer to the contact person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

II. Background

a. History of Disposal Sites Offshore of Mobile, Alabama

    The Mobile ODMDS is located between two and six miles south of
Dauphin Island in the Gulf of Mexico and is 4.75 square nautical miles
(nmi\2\) in size. The Mobile ODMDS received interim site designation
status in 1977 and final designation in 1988.
    The USACE Mobile District and the EPA Region 4 have identified a
need to either designate a new ODMDS or modify the existing Mobile
ODMDS. The need for modifying the ocean disposal capacity is based on
future capacity requirements, historical dredging volumes, estimates of
dredging volumes for future proposed projects, and limited capacity of
upland confined disposal facilities (CDFs) in the area.
    The EPA is modifying the existing Mobile ODMDS rather than
designate a new site off the coast of Mobile for ocean disposal of
dredged material. The modification of the existing Mobile ODMDS for
dredged material does not mean that the USACE or the EPA has approved
the use of the Mobile ODMDS for open water disposal of dredged material
from any specific project. Before any person can ocean dump dredged
material at the Mobile ODMDS, the EPA and the USACE must evaluate the
project according to the ocean dumping regulatory criteria (40 CFR,
part 227) and the USACE must authorize the disposal. The EPA
independently evaluates proposed dumping and has the right to restrict
and/or disapprove of the actual disposal of dredged material if the EPA
determines that environmental requirements under the MPRSA have not
been met. This action is supported by an Environmental Assessment,
which was established in accordance with the National Environmental
Policy Act.

b. Location and Configuration of the Modified Mobile ODMDS

    The modified ODMDS is in approximately 34 to 57 feet of water and
is located between 2.0 and 6.0 nautical miles south of Dauphin Island,
Alabama. The modified ODMDS would expand the existing Mobile ODMDS from
a size of approximately 4.75 nmi\2\ to approximately 23.8 nmi\2\ in
size. The location of the modified ODMDS is bounded by the coordinates
listed below. The coordinates for the site are in North American Datum
83 (NAD 83):
Modified Mobile ODMDS
(A) 30[deg] 13.0' N, 88[deg] 08.8' W
(B) 30[deg] 09.6' N, 88[deg] 04.8' W
(C) 30[deg] 08.5' N, 88[deg] 05.8' W
(D) 30[deg] 08.5' N, 88[deg] 12.8' W
(E) 30[deg] 12.4' N, 88[deg] 12.8' W
    The modification of the existing ODMDS will allow the EPA to
adaptively manage the site to maximize its capacity, minimize the
potential for mounding and associated safety concerns, and minimize the
potential for any long-term adverse effects to the marine environment.

c. Management and Monitoring of the Site

    The modified ODMDS is expected to receive dredged material from the
federally authorized navigation project at Mobile Harbor, Alabama, and
dredged material from other applicants who have obtained a MPRSA permit
for the ocean disposal of dredged material. All persons using the site
will be required to follow the Site Management and Monitoring Plan
(SMMP) for the ODMDS that is specifically developed for the modified
ODMDS. The SMMP includes management and monitoring measures to ensure
that dredged materials disposed at the modified ODMDS are suitable for
disposal in the ocean and that adverse impacts of disposal, if any, are
addressed to the maximum extent practicable. This includes provisions
to avoid and minimize potential impacts to artificial reefs and
cultural resources. The SMMP for the modified ODMDS also addresses
management of the site to ensure adverse mounding does not occur and
ensures that disposal events minimize interference with other uses of
ocean waters near the modified ODMDS. Future transportation to the
ODMDS and disposal of dredged material at the

ODMDS will be governed by the currently approved version of the SMMP.

d. MPRSA Criteria

    In evaluating the modified ODMDS, the EPA assessed the site
according to the criteria set forth in the MPRSA, with emphasis on the
general and specific regulatory criteria of 40 CFR part 228, to
determine whether the site designation satisfies those criteria. The
EPA's Final Environmental Assessment for Modification of the Ocean
Dredged Material Disposal Site Mobile, Alabama, May 2020 (FEA),
provides an extensive evaluation of the criteria and other related
factors for the modification of the existing ODMDS.
General Criteria (40 CFR 228.5)
    (1) Sites must be selected to minimize interference with other
activities in the marine environment, particularly avoiding areas of
existing fisheries or shellfisheries, and regions of heavy commercial
or recreational navigation (40 CFR 228.5(a)).
    The location of the modified ODMDS was screened in 1982 by the
USACE as part of their evaluation of the area for selection of a
location for ocean dumping of dredged material under Section 103 of the
MPRSA, as there was no EPA-designated ODMDS at the time. That
evaluation included considerations of potential interference with other
activities in the marine environment including avoiding areas of
existing critical fisheries or shellfisheries, regions of heavy
commercial or recreational navigation, and potential historic
properties. These evaluations were re-considered from 2002 through to
the present time, as the modified ODMDS continued to be assessed.
    (2) Sites must be situated such that temporary perturbations to
water quality or other environmental conditions during initial mixing
caused by disposal operations would be reduced to normal ambient levels
or undetectable contaminant concentrations or effects before reaching
any beach, shoreline, marine sanctuary, or known geographically limited
fishery or shellfishery (40 CFR 228.5(b)).
    The modified ODMDS will only be used for disposal of suitable
dredged material as determined by Section 103 of the MPRSA. Based on
the USACE and the EPA's sediment testing and evaluation of dredged
material, disposal is not expected to have any long-term impact on
water quality. The modified ODMDS is located sufficiently far from
shore (two to six miles) and fisheries resources to allow temporary
water quality disturbances caused by ocean disposal of dredged material
to be reduced to ambient conditions before reaching any environmentally
sensitive areas.
    (3) This criterion has been removed from the regulations and no
longer applies.
    (4) The sizes of disposal sites will be limited in order to
localize for identification and control any immediate adverse impacts,
and to permit the implementation of effective monitoring and
surveillance to prevent adverse long-range impacts. Size,
configuration, and location are to be determined as part of the
disposal site evaluation (40 CFR 228.5(d)).
    The location, size, and configuration of the modified ODMDS will
provide long-term capacity, while also allowing effective site
management, site monitoring, and limiting environmental impacts to the
surrounding area to the greatest extent practicable.
    Based on 25 years of projected new work and maintenance dredging,
and permitted dredged material disposal needs, it is estimated that the
modified ODMDS should be approximately 24 nmi\2\ in size to meet the
anticipated long-term disposal needs of the area. This would provide
the modified ODMDS with an estimated capacity of approximately 260
million cubic yards, which is sufficient to manage risk, account for
future unknown disposal operations from private entities, and provide a
margin of navigation safety.
    By adding approximately 19 nmi\2\ to the existing Mobile ODMDS, the
total area of the modified Mobile ODMDS is 23.8 nmi\2\. An ODMDS of
this size and capacity will provide a long-term ocean disposal option
for the Mobile Bay area.
    When determining the size of the proposed site, the ability to
implement effective monitoring and surveillance programs was considered
to ensure that the environment of the site could be protected, and that
navigational safety would not be compromised by the mounding of dredged
material, which could result in adverse wave conditions. A SMMP has
been developed and will be implemented to determine if disposal at the
site is significantly affecting adjacent areas and to detect the
presence of adverse effects. At a minimum, the monitoring program will
consist of bathymetric surveys, sediment grain size analysis, chemical
analysis of constituents of concern in the sediments, and a health
assessment of the benthic community.
    (5) EPA will, wherever feasible, designate ocean dumping sites
beyond the edge of the continental shelf and other such sites where
historical disposal has occurred (40 CFR 228.5(e)).
    Locating the disposal site near the continental shelf is not
feasible and would be cost prohibitive. Transporting material to and
performing long-term monitoring of a site located off the continental
shelf is not economically or operationally feasible.
Specific Criteria (40 CFR 228.6)
    (1) Geographical Position, Depth of Water, Bottom Topography and
Distance from Coast (40 CFR 228.6(a)(1)).
    The modified ODMDS is in the Gulf of Mexico, between two and six
miles offshore of Dauphin Island, Alabama. Water depths range from -34
to -57 feet (10.4 to 17.4 meters) with an overall average depth of -45
feet (13.7 meters). Sediments consist of sands to clays, with various
mixtures of sand, silts, and clays. Most areas in the modified ODMDS
have a higher percentage of silt/clay than sand. There tends to be more
fine material in the northern portion of the site, and more fine sand
on the southern portion of the modified ODMDS. There is a shallower
mound (approximately -18 feet MLLW) located in the southeastern portion
of the site, where material was historically placed for disposal. There
are numerous oil and gas wells located throughout the proposed
expansion area. Disposal shall not occur closer than 1,300 feet to any
oil or gas rig that may be present within the site boundaries. The FEA
contains a map of the ODMDS modification.
    (2) Location in Relation to Breeding, Spawning, Nursery, Feeding,
or Passage Areas of Living Resources in Adult or Juvenile Phases (40
CFR 228.6(a)(2)).
    The modified ODMDS has been selected to avoid the presence of any
exclusive breeding, spawning, nursery, feeding, or passage areas for
adult or juvenile phases of living resources.
    (3) Location in Relation to Beaches and Other Amenity Areas (40 CFR
228.6(a)(3)).
    The center of the modified ODMDS is several miles from any beaches
or amenity areas. No significant impacts to beaches or amenity areas
associated with the existing Mobile ODMDS have been detected.
    (4) Types and Quantities of Wastes Proposed to be Disposed of, and
Proposed Methods of Release, including Methods of Packing the Waste, if
any (40 CFR 228.6(a)(4)).
    Only dredged material that meets the EPA Ocean Dumping Criteria in
40 CFR 220-228 and has been deemed suitable can be disposed of in the
ODMDS. Dredged materials dumped in this area will primarily be silts
and clays with some sands that originate from Mobile Bay including the
Federal Channel and

areas of the Port. Average yearly disposal of dredged material into the
modified ODMDS is expected to be approximately 2.9 million cubic yards
of maintenance and new work dredged material. Hopper dredge, barge, and
scow combinations are the usual vehicles of transport for the dredged
material, resulting in release of dredged material closer to the bottom
of the site which reduces resultant turbidity. None of the dredged
material is packaged in any manner.
    Under section 103 of the MPRSA, the USACE is the federal agency
that decides whether to issue a permit authorizing the ocean disposal
of dredged materials. In the case of federal navigation projects
involving ocean disposal of dredged materials, transportation to and
disposal in ocean waters for disposal by the USACE is subject to the
MPRSA, but not to a USACE permit. The USACE relies on the EPA's ocean
dumping criteria when evaluating permit requests for (and implementing
federal projects involving) the transportation of dredged material for
the purpose of dumping it into ocean waters. MPRSA permits and federal
projects involving ocean dumping of dredged material are subject to the
EPA's review and concurrence. The EPA may concur with or without
conditions or decline to concur on the permit or federal project, i.e.,
non-concur. If the EPA concurs with conditions, the final permit or
federal project authorization must include those conditions. If the EPA
declines to concur (non-concurs) on an ocean dumping permit for dredged
material, the USACE cannot issue the permit or authorize the
transportation to and disposal of dredged material in the ocean
associated with the federal project.
    (5) Feasibility of Surveillance and Monitoring (40 CFR
228.6(a)(5)).
    The EPA expects monitoring and surveillance at the modified ODMDS
to be feasible and readily performed from ocean or regional class
research vessels. The entire area of the modified ODMDS has been
surveyed and sampled in 2009 and 2017. The EPA will monitor the site
for physical, biological, and chemical attributes as well as for
potential impacts. Bathymetric surveys will be conducted routinely, and
benthic infauna and epibenthic organisms will be monitored, as
described in the SMMP for the site.
    (6) Dispersal, Horizontal Transport and Vertical Mixing
Characteristics of the Area, including Prevailing Current Direction and
Velocity, if any (40 CFR 228.6(a)(6)).
    Current velocities are greatest at the water's surface due to wind
and wave action. Intermediate and bottom layer currents are driven by
thermohaline and tidal circulations. Currents measured at gauge
stations surrounding the ODMDS are predominantly to the west or
southwest on the order of 10-30 centimeters per second.
    (7) Existence and Effects of Current and Previous Discharges and
Dumping in the Area (including Cumulative Effects) (40 CFR
228.6(a)(7)).
    Previous disposal of dredged material in the existing Mobile ODMDS
has resulted in temporary increases in suspended sediment
concentrations during disposal operations, localized mounding within
the site, burial of benthic organisms within the site, slight changes
in the abundance and composition of benthic assemblages, and changes in
the sediment composition from sandy sediments to finer-grained silts.
Short-term, long-term, and cumulative effects of dredged material
disposal in the modified ODMDS would be similar to those for the
previously designated Mobile ODMDS.
    (8) Interference with Shipping, Fishing, Recreation, Mineral
Extraction, Desalination, Fish and Shellfish Culture, Areas of Special
Scientific Importance and Other Legitimate Uses of the Ocean (40 CFR
228.6(a)(8)).
    There will be minor, short-term interferences with commercial and
recreational boat traffic during the transport of dredged material to
the modified ODMDS. There are several oil and gas extraction platforms
in the existing and modified Mobile ODMDS. The site has not been
identified as an area of special scientific importance. There are no
aquaculture areas near the site. There may be recreational fishing in
the area. The likelihood of direct interference with these activities
is low, provided there is close communication and coordination among
users of the ocean resources. There is one artificial reef site located
approximately a quarter mile south of the modified ODMDS. The SMMP for
the modified ODMDS contains provisions for corrective measures if
impacts to the artificial reef related to dredged material disposal are
identified.
    (9) The Existing Water Quality and Ecology of the Sites as
Determined by Available Data or Trend Assessment of Baseline Surveys
(40 CFR 228.6(a)(9)).
    Water quality of the existing site is typical of the Gulf of
Mexico. Water and sediment quality analyses conducted in the vicinity
of the modified ODMDS and experience with past disposals in the
previously designated Mobile ODMDS have not identified any adverse
water quality impacts from ocean disposal of dredged material. The site
supports benthic and epibenthic fauna characteristic of the shallow
Gulf of Mexico and are widespread off the Gulf coast.
    (10) Potentiality for the Development or Recruitment of Nuisance
Species in the Disposal Site (40 CFR 228.6(a)(10)).
    Nuisance species, considered as any undesirable organism not
previously existing at a location, have not been observed at, or in the
vicinity of, the modified ODMDS. Disposal of dredged material, as well
as monitoring, has been ongoing for the past 40 to 50 years. Nuisance
species have not been found. The dredged material to be disposed of at
the ODMDS is expected to be from similar locations to those dredged
previously, therefore it expected that any benthic organisms
transported to the site would be relatively similar in nature to those
already there.
    (11) Existence at or in Close Proximity to the Site of any
Significant Natural or Cultural Feature of Historical Importance (40
CFR 228.6(a)(11)).
    A maritime investigation of this site was conducted in 1982 to
identify areas of high and low probability of submerged resources. Past
efforts showed the presence of magnetic anomalies that may be
indicative of potential resources. Until further analysis is conducted,
these anomalies should be avoided in the modified Mobile ODMDS.
    The SMMP for the ODMDS contains measures to ensure that resources
identified in up-to-date maritime investigations are avoided and are
not adversely affected by dredged material disposal.

III. Environmental Statutory Review--National Environmental Policy Act
of 1969, as Amended (NEPA); Magnuson-Stevens Fisheries Conservation and
Management Act (MSA); Marine Mammal Protection Act (MMPA); Coastal Zone
Management Act (CZMA); Endangered Species Act, as Amended (ESA);
National Historic Preservation Act, as Amended (NHPA)

a. National Environmental Policy Act

    Section 102 of the National Environmental Policy Act of 1969, as
amended (NEPA), 42 U.S.C. 4321 to 4370, requires Federal agencies to
prepare an Environmental Impact Statement (EIS) for major federal
actions significantly affecting the quality of the human environment.
NEPA does not apply to EPA designations of ocean disposal sites under
the MPRSA because the courts have exempted the EPA's

actions under the MPRSA from the procedural requirements of NEPA
through the functional equivalence doctrine. The EPA has, by policy,
determined that the preparation of NEPA documents for certain EPA
regulatory actions, including actions under the MPRSA, is appropriate.
The EPA's ``Notice of Policy and Procedures for Voluntary Preparation
of NEPA Documents,'' (Voluntary NEPA Policy), 63 FR 58045, (October 29,
1998), sets out both the policy and procedures the EPA uses when
preparing such environmental review documents.
    A Draft Environmental Assessment (DEA) for the modification of the
Mobile ODMDS was released for public review and comment for a 35-day
period on September 26, 2018. The EPA re-noticed the DEA for public
review and comment for a 34-day period on October 17, 2019. In
addition, the EPA issued a preliminary Finding of No Significant Impact
for public review and comment for a 30-day period on June 2, 2020.
    The DEA presented the analysis and alternatives considered for the
permanent designation of a modified ODMDS offshore Mobile, Alabama, for
the purpose of providing an environmentally acceptable option for the
ocean disposal of dredged material. The alternatives included: (1) No
action/continued use of the previously designated ODMDS; (2)
modification of the previously designated Mobile ODMDS to encompass a
larger area capable of meeting the capacity needs during the next 25
years; (3) modification of the previously designated Mobile ODMDS to
encompass a much larger area capable of meeting the capacity needs
during the next 50 years; and (4) designation of a new site. The second
alternative was presented as the selected alternative in the EA.
    The EPA received comments on the DEA regarding issues that
included: (1) Potential movement of disposed material impacting nearby
artificial reefs; (2) consideration of impacts to the giant manta ray,
a newly listed threatened species; (3) the age of the existing cultural
resource surveys; and (4) a request for additional opportunity for
public review and comment. A detailed responsiveness summary is
included in the appendices in the FEA. In addition, a summary of the
EPA's consideration of comments received regarding the proposal to
modify the Mobile ODMDS is included below.
    Following the consideration of comments received, the EPA has
issued a Finding of No Significant Impact and the FEA. These documents
are included in the docket for this action and may be accessed from
http://www.regulations.gov.

b. Magnuson-Stevens Fishery Conservation and Management Act

    The FEA includes a description of the history during the past 18
years of consultation with the National Marine Fisheries Service (NMFS)
regarding the assessment of essential fish habitat (EFH), pursuant to
Section 305(b), 16 U.S.C. 1855(b)(2), of the MSA with respect to the
Mobile ODMDS. On July 24, 2018, the USACE issued a Draft Integrated
General Reevaluation Report with Supplemental Environmental Impact
Statement on the Mobile Harbor Navigation Project, which included an
assessment of EFH regarding the disposal of dredged material to the
Mobile ODMDS. On September 7, 2018, NMFS issued a letter to the USACE
that stated its agreement with the USACE's determination that the
project will not adversely affect EFH. The EPA notified NMFS by letter
dated September 25, 2018, of the proposed action to modify the Mobile
ODMDS and provided the EPA's assessment that this action would not
likely adversely affect EFH. On May 13, 2020, NMFS notified the EPA by
email that the required EFH consultation under the MSA has been
successfully concluded.

c. Coastal Zone Management Act

    Pursuant to an Office of Water policy memorandum dated October 23,
1989, the EPA has evaluated the proposed site designations for
consistency with the State of Alabama's approved coastal zone
management program. On September 25, 2018, the EPA notified the Alabama
Department of Environmental Management of the proposed modification of
the Mobile ODMDS and provided them with the EPA's assessment that the
proposed action was consistent with Alabama's coastal zone management
program to the maximum extent practicable. On April 10, 2020, ADEM
notified the EPA by email that the Alabama Coastal Area Management
Program does not object to the proposal to expand the ODMDS on the
basis that all placed material is required to meet the EPA's
environmental criteria and it keeps the mineral resource within the
system.

d. Endangered Species Act

    The ESA, as amended, 16 U.S.C. 1531 to 1544, requires Federal
agencies to consult with NMFS and the U.S. Fish and Wildlife Service
(USFWS) to ensure that any action authorized, funded, or carried out by
the Federal agency is not likely to jeopardize the continued existence
of any federally listed endangered or threatened species or result in
the destruction or adverse modification of any critical habitat. The
EPA notified NMFS and USFWS respectively by letters dated September 25,
2018, of the proposed action to modify the Mobile ODMDS and provided
the EPA's assessment that this action would not likely adversely affect
federally listed species or their critical habitat.
    In a letter dated October 8, 2018, the USFWS concurred with the
EPA's determination that the proposed action is not likely to adversely
affect federally listed species under the jurisdiction of the USFWS.
The USFWS further stated that no further endangered species
consultation will be required unless: The proposed action is
subsequently modified in a manner that causes an effect on listed
species or their critical habitat; new information reveals that the
proposed action may affect listed species or their critical habitat in
a manner or to an extent not previously considered, or a new species is
listed or critical habitat is designated under the ESA that may be
affected by the proposed action. As of the date of this action, there
are no new federally listed species under jurisdiction of the USFWS in
the project area. There are also no new information or changes to the
project that may affect species or their critical habitat in a manner
or extent not previously considered.
    Following the issuance of the EPA's letter dated September 25,
2018, the EPA learned of additional federally listed species under the
jurisdiction of NMFS including the giant manta ray (Manta birostris)
and the Bryde's whale (Balaenoptera edeni brydei). In addition, NMFS is
in the process of developing a Gulf of Mexico Regional Biological
Opinion, which is expected to address all federally listed species that
may be affected by the modification of the Mobile ODMDS. Based on the
EPA's May 8, 2020 communication with NMFS, the EPA is deferring
completion of consultation with respect to the modification of the
Mobile ODMDS pursuant to ESA Section 7(d).

e. National Historic Preservation Act

    The USACE and the EPA initiated consultation with the State of
Alabama's Historic Preservation Officer (SHPO) on September 25, 2018,
to address the NHPA, 16 U.S.C. 470 to 470a-2, which requires Federal
agencies to consider the effect of their actions on districts, sites,
buildings, structures, or objects, included in, or eligible for
inclusion in the National Register of Historic Places. In a letter
dated October 13, 2018, the Alabama Historical Commission (AHC)

recommended more up to date maritime surveys in the proposed action
area.
    During the public comment period for the draft rule to modify the
Mobile ODMDS, the EPA received an email from the Choctaw Nation of
Oklahoma (CNO) dated July 30, 2019 that notified the EPA that the
proposed modification of the Mobile ODMDS lies within the CNO's area of
historic interest and that unidentified cultural resources may be
located in this area. The CNO also issued an email to the EPA dated
November 18, 2019 that requested that they be a consulting party on the
modification to the ODMDS pursuant to the NHPA. Following discussions
with the AHC and the CNO, the EPA issued letters to the AHC and CNO
dated January 24, 2020 that presented language that set forth
management provisions to be included in the SMMP to ensure protection
of historic and cultural archaeological resources and address the
interests expressed by the AHC and the CNO. The EPA specifically
proposed language in the SMMP that references a Programmatic Agreement
between the USACE and the AHC regarding the Mobile Harbor General
Reevaluation Study (Programmatic Agreement), which was signed on July
26, 2019, and sets forth surveys and other activities that would need
to be conducted prior to the disposal of dredged material to unused
portions of the expanded Mobile ODMDS. On February 25, 2020, the AHC
responded by letter and informed the EPA of its agreement with the
proposed language. During subsequent communications with the EPA
through email and teleconference on February 24, and March 23, 2020,
the CNO stated that they had no objections to the proposed language and
had no further comments on the EPA's proposed modification of the
Mobile ODMDS.

IV. Responses to Comments Received on the Proposed Rule

    On June 25, 2019, the EPA published a proposed rule (docket number
EPA-R04-OW-2016-0356) to modify the site for public review and comment
for a 45-day period. During that time, the EPA received comments from
government agencies including the CNO, the National Oceanic and
Atmospheric Administration (NOAA), and the U.S. Department of Interior
(DOI). The EPA also received comments from two members of the public
during this time. The specific comments received on the proposed rule
and the EPA's responses to such comments are included in the
Responsiveness Summary of Appendix C of the FEA, which may be accessed
at http://www.regulations.gov. Below is a summary of the EPA's
consideration of the comments received regarding the proposed rule.
    The comments from the CNO and the EPA's consideration of such
comments are described above in Section III.e.
    NOAA issued a comment from its Marine Chart Division requesting
clarity regarding the boundaries of the modified ODMDS and the
boundaries that are currently defined on marine charts. The boundaries
of the modified ODMDS were established to ensure protection of human
health and the marine environment pursuant to the requirements of
MPRSA. The boundaries are set forth by the coordinates of this
regulation and are also presented in tables ES-3 and ES-4 of the FEA.
    The DOI recommended that the modified ODMDS be re-surveyed prior to
the deposition of dredged material using more modern equipment than
what was available nearly 40 years ago. The SMMP for the Mobile ODMDS
includes language that references a Programmatic Agreement that
specifies work, including modern surveys, to be conducted prior to the
disposal of dredged material for unused portions of the ODMDS.
    The comments received from members of the public included concerns
about the adequacy of the opportunity to provide comments on the DEA.
The EPA subsequently reopened the public comment period for the DEA for
a 34-day period on October 17, 2019. The public comments also
referenced the DEA and expressed concerns about the description of the
respective roles of the EPA and the USACE regarding the modification of
the Mobile ODMDS. The FEA includes updated language from the language
included in the DEA to ensure clarity regarding the responsibilities of
the EPA under the MPRSA, including coordination with the USACE, with
respect to the modification of the Mobile ODMDS. The public also
provided recommended revisions to some of the language in the DEA,
which are addressed in the FEA as described in more detail in the
responsiveness summary in Appendix C of the FEA.
    A member of the public requested that the rule be clarified to
define the changes that would be expected to occur within the modified
ODMDS that demonstrate that the capacity has been exhausted. The member
of the public further requested that the rule explain how the USACE
would be prevented from exceeding this capacity. The exhaustion of the
capacity of the ODMDS will ultimately be evaluated based on monitoring
data obtained from the ODMDS. The requirements for monitoring and
management of the ODMDS, including the monitoring of changes in
bathymetry, are set forth in the SMMP. The EPA and the USACE will
utilize the monitoring data collected as the basis for understanding
the changes in available capacity over time for the Mobile ODMDS. In
addition, no material can be disposed of in the ODMDS without the EPA's
review and concurrence in accordance with MPRSA Section 103. The EPA
will consider all available data and information, including monitoring
data from the site, prior to taking management action pursuant to MPRSA
for the Mobile ODMDS.
    A member of the public stated that the rule and the DEA should be
revised to reflect a modification to the Mobile ODMDS that would
accommodate the disposal needs during the next 50 years, instead of 25
years. A Memorandum of Understanding between the USACE South Atlantic
Division and EPA Region 4 specifically identifies a period of 10 to 25
years for considering the long-term use for designation or modification
of an ODMDS. Basing the size of an ODMDS on a longer planning period,
such as 50 years, would significantly increase the necessary resources
to manage and monitor the ODMDS. The decision to utilize a 25-year time
frame for disposal was made by the USACE and the EPA in consideration
of the agreed-upon provisions of the 2017 MOU. If it is found that
material is accumulating in the site to a degree at which there are
concerns (biological, chemical, physical), modeling will be undertaken
to reassess the capacity as specified in the SMMP.
    A member of the public expressed that the rule fails to address
some key provisions to protect the water from contamination and illegal
dumping. In accordance with the MPRSA and the criteria set forth by its
implementing regulations, as described in Section II above,
contaminated material cannot not be disposed in the Mobile ODMDS. Any
unauthorized dumping of material to the Mobile ODMDS is not allowed by
the rule that is being issued today and is subject to enforcement for
illegal dumping.

V. Statutory and Executive Order Reviews

    This rule modifies the Mobile ODMDS pursuant to Section 102 of the
MPRSA. This action complies with applicable executive orders and
statutory provisions as follows:

a. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

b. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This site designation, does not
require persons to obtain, maintain, retain, report, or publicly
disclose information to or for a Federal agency.

c. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires Federal
agencies to prepare a regulatory flexibility analysis of any rule
subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small entities,
small entity is defined as: (1) A small business defined by the Small
Business Administration's size regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district, or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. After considering the economic impacts of this
rule, the EPA certifies that this action will not have a significant
economic impact on a substantial number of small entities.

d. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, 2 U.S.C.
1531 to 1538, for State, local, or tribal governments or the private
sector. This action imposes no new enforceable duty on any State, local
or tribal governments or the private sector. Therefore, this action is
not subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203 of
the UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small government entities. Those
entities are already subject to existing permitting requirements for
the disposal of dredged material in ocean waters.

e. Executive Order 13132: Federalism

    This action does not have federalism implications. It does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among various levels of government, as specified
in Executive Order 13132. Thus, Executive Order 13132 does not apply to
this action. In the spirit of Executive Order 13132, and consistent
with the EPA policy to promote communications between the EPA and State
and local governments, the EPA specifically solicited comments on this
action from State and local officials.

f. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    As described in Section III.e. above, the CNO notified the EPA that
the proposed modification of the Mobile ODMDS lies within the CNO's
area of historic interest and requested to be a consulting party on the
modification to the ODMDS pursuant to the NHPA. The EPA conducted a
teleconference with the CNO on January 13, 2020 and discussed the CNO's
interests regarding the EPA's proposed action. The EPA issued a letter
to the CNO on January 24, 2020, that presented language that set forth
management provisions to be included in the SMMP to ensure protection
of historic and cultural archaeological resources and address the
interests expressed by the CNO. During subsequent communications with
the EPA through email and teleconference, the CNO stated that they had
no objections to the proposed language and had no further comments on
the EPA's proposed modification of the Mobile ODMDS.

g. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks, such that the
analysis required under Section 5-501 of the Executive Order has the
potential to influence the regulation. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks. The action
concerns the modification of the existing Mobile ODMDS and only has the
effect of providing a designated location for ocean disposal of dredged
material pursuant to Section 102 (c) of the MPRSA.

h. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355) because it is not a ``significant
regulatory action'' as defined under Executive Order 12866.

i. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272),
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs the EPA to provide
Congress, through Office of Management and Budget, explanations when
the Agency decides not to use available and applicable voluntary
consensus standards. This action includes environmental monitoring and
measurement as described in the SMMP. The EPA will not require the use
of specific, prescribed analytic methods for monitoring and managing
the modified ODMDS. The Agency plans to allow the use of any method,
whether it constitutes a voluntary consensus standard or not, that
meets the monitoring and measurement criteria discussed in the SMMP.

j. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629) establishes federal executive
policy on environmental justice. Its main provision directs federal
agencies, to the greatest extent practicable and permitted by law, to
make environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs,

policies, and activities on minority populations and low-income
populations in the United States. The EPA determined that this rule
will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment. The EPA has assessed the overall protectiveness of
modifying the existing Mobile ODMDS against the criteria established
pursuant to the MPRSA to ensure that any adverse impact to the
environment will be mitigated to the greatest extent practicable.

List of Subjects in 40 CFR Part 228

    Environmental protection, Water pollution control.

    Authority: This action is issued under the authority of Section
102 of the Marine Protection, Research, and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412.

    Dated: July 17, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons set out in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Register as follows:

PART 228--CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN
DUMPING

0
1. The authority citation for Part 228 continues to read as follows:

    Authority:  33 U.S.C. 1412 and 1418.

0
2. Section 228.15 is amended by revising paragraphs (h)(14)(i) through
(iii) and (vi) to read as follows:

Sec.  228.15   Dumping sites designated on a final basis.

* * * * *
    (h) * * *
    (14) * * *
    (i) Location: Corner Coordinates (NAD 1983) 30[deg] 13.0' N,
88[deg] 08.8' W; 30[deg] 09.6' N, 88[deg] 04.8' W; 30[deg] 08.5' N,
88[deg] 05.8' W; 30[deg] 08.5' N, 88[deg] 12.8' W; 30[deg] 12.4' N,
88[deg] 12.8' W.
    (ii) Size: Approximately 23.8 square nautical miles in size.
    (iii) Depth: Ranges from 34 to 57 feet (10.4 to 17.4 meters).
* * * * *
    (vi) Restrictions: (A) Disposal shall be limited to dredged
material from the Mobile, Alabama area;
    (B) Disposal shall be limited to dredged material determined to be
suitable for ocean disposal according to 40 CFR 220-228;
    (C) Transportation and Disposal shall be managed by the
restrictions and requirements contained in the Site Management and
Monitoring Plan (SMMP).;
    (D) Monitoring of the site also shall be governed by the currently
approved SMMP.
* * * * *
[FR Doc. 2020-15963 Filed 8-3-20; 8:45 am]
BILLING CODE 6560-50-P


information claimed to be confidential business information, you should
include a cover letter setting forth the information specified in our
confidential business information regulation. (49 CFR Part 512.)

Will the agency consider late comments?

    We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider it in
developing a final rule (assuming that one is issued), we will consider
that comment as an informal suggestion for future rulemaking action.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, go to

http://www.regulations.gov. Follow the online instructions for
accessing the dockets.
    Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.

List of Subjects in 49 CFR Part 571

    Motor vehicle safety, Reporting and record keeping requirements,
Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR
571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 continues to read as
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.50.

    2. Section 571.122 is revised to read as follows:

Sec.  571.122  Standard No. 122; Motorcycle brake systems.

    S1. Scope. This standard specifies requirements for motorcycle
service brake systems and, where applicable, associated parking brake
systems.
    S2. Purpose. The purpose of the standard is to ensure safe
motorcycle braking performance under normal and emergency riding
conditions.
    S3. Application. This standard applies to motorcycles.
    S4. Definitions.
    Antilock brake system or ABS means a system which senses wheel slip
and automatically modulates the pressure producing the braking forces
at the wheel(s) to limit the degree of wheel slip.
    Baseline test means a stop or a series of stops carried out in
order to confirm the performance of the brake prior to subjecting it to
a further test such as the heating procedure or wet brake stop.
    Brake means those parts of the brake system where the forces
opposing the movement of the motorcycle are developed.
    Brake system means the combination of parts consisting of the
control, transmission, and brake, but excluding the engine, whose
function it is to progressively reduce the speed of a moving
motorcycle, bring it to a halt, and keep it stationary when halted.
    Category 3-1 motorcycle means a two-wheeled motorcycle with an
engine cylinder capacity in the case of a thermic engine not exceeding
50 cm\3\ and whatever the means of propulsion a maximum design speed
not exceeding 50 km/h.
    Category 3-2 motorcycle means a three-wheeled motorcycle of any
wheel arrangement with an engine cylinder capacity in the case of a
thermic engine not exceeding 50 cm\3\ and whatever the means of
propulsion a maximum design speed not exceeding 50 km/h.
    Category 3-3 motorcycle means a two-wheeled motorcycle with an
engine cylinder capacity in the case of a thermic engine exceeding 50
cm\3\ or whatever the means of propulsion a maximum design speed
exceeding 50 km/h.
    Category 3-4 motorcycle means a motorcycle manufactured with three
wheels asymmetrically arranged in relation to the longitudinal median
plane with an engine cylinder capacity in the case of a thermic engine
exceeding 50 cm\3\ or whatever the means of propulsion a maximum design
speed exceeding 50 km/h. (This category definition is intended to
include motorcycles with sidecars.)
    Category 3-5 motorcycle means a motorcycle manufactured with three
wheels symmetrically arranged in relation to the longitudinal median
plane with an engine cylinder capacity in the case of a thermic engine
exceeding 50 cm\3\ or whatever the means of propulsion a maximum design
speed exceeding 50 km/h.
    Combined brake system or CBS means:
    (a) For motorcycle categories 3-1 and 3-3: a service brake system
where at least two brakes on different wheels are actuated by the
operation of a single control.
    (b) For motorcycle categories 3-2 and 3-5: a service brake system
where the brakes on all wheels are actuated by the operation of a
single control.
    (c) For motorcycle category 3-4: a service brake system where the
brakes on at least the front and rear wheels are actuated by the
operation of a single control. (If the rear wheel and the asymmetrical
wheel are braked by the same brake system, this is regarded as the rear
brake.)
    Control means the part actuated directly by the rider in order to
supply or control the energy required for braking the motorcycle to the
transmission.
    Driver mass means the nominal mass of a driver that equals 75 kg
(68 kg occupant mass plus 7 kg of luggage mass).
    Engine disconnected means when the engine is no longer connected to
the driving wheel(s).
    Gross vehicle mass means the maximum mass of the fully laden solo
vehicle, based on its construction and design performances, as declared
by the manufacturer.
    Initial brake temperature means the temperature of the hottest
brake before any brake application.
    Laden means the gross vehicle mass.
    Lightly loaded means mass in running order plus 15 kg for test
equipment, or the laden condition, whichever is less. In the case of
ABS tests on a low friction surface (paragraphs 4.9.4. to 4.9.7.), the
mass for test equipment is increased to 30 kg to account for
outriggers.
    Mass in running order means the sum of unladen vehicle mass and
driver mass.
    Peak braking coefficient or PBC means the measure of tire-to-road
surface friction based on the maximum deceleration of a rolling tire.
    Power-assisted braking system means a brake system in which the
energy necessary to produce the braking force is supplied by the
physical effort of the rider assisted by one or more energy supplying
devices, for example vacuum assisted (with vacuum booster).
    Secondary brake system means the second service brake system on a
motorcycle equipped with a combined brake system.
    Service brake system means a brake system which is used for slowing
the motorcycle when in motion.
    Sidecar means a one-wheeled vehicle that is attached to the side of
a motorcycle.
    Single brake system means a brake system which acts on only one
axle.
    Split service brake system or SSBS means a brake system that
operates the brakes on all wheels, consisting of two or more subsystems
actuated by a single control designed so that a single failure in any
subsystem (such as a leakage type failure of a hydraulic subsystem)
does not impair the operation of any other subsystem.
    Stopping distance means the distance traveled by the motorcycle
from the point the rider begins to actuate the brake control to the
point at which the motorcycle reaches full stop. For tests where
simultaneous actuation of two controls is specified, the distance
traveled is taken from the point the first control is actuated.
    Test speed means the motorcycle speed measured the moment the rider
begins to actuate the brake control. For tests where simultaneous
actuation of two controls is specified, the motorcycle speed is taken
from the moment the first control is actuated.
    Transmission means the combination of components that provide the

functional link between the control and the brake.
    Unladen vehicle mass means the nominal mass of a complete vehicle
as determined by the following criteria:
    (a) Mass of the vehicle with bodywork and all factory fitted
equipment, electrical and auxiliary equipment for normal operation of
vehicle, including liquids, tools, fire extinguisher, standard spare
parts, chocks and spare wheel, if fitted.
    (b) The fuel tanks filled to at least 90 percent of rated capacity
and the other liquid containing systems (except those for used water)
to 100 percent of the capacity specified by the manufacturer.
    Vmax means either the speed attainable by accelerating at a maximum
rate from a standing start for a distance of 1.6 km on a level surface,
with the vehicle lightly loaded, or the speed measured in accordance
with International Organization for Standardization (ISO) 7117:1995.
    Wheel lock means the condition that occurs when there is 100
percent wheel slip.
    S5. General requirements.
    S5.1 Brake system requirements. Each motorcycle shall meet each of
the test requirements specified for a motorcycle of its type and for
those brake features on the motorcycle.
    S5.1.1 Service brake system control operation. Each motorcycle
shall have a configuration that enables a rider to actuate the service
brake system control while seated in the normal driving position and
with both hands on the steering control.
    S5.1.2 Secondary brake system control operation. Each motorcycle
shall have a configuration that enables a rider to actuate the
secondary brake system control while seated in the normal driving
position and with at least one hand on the steering control.
    S5.1.3 Parking brake system.
    (a) If a parking brake system is fitted, it shall hold the
motorcycle stationary on the slope prescribed in S6.8.2. The parking
brake system shall:
    (1) have a control which is separate from the service brake system
controls; and
    (2) be held in the locked position by solely mechanical means.
    (b) Each motorcycle equipped with a parking brake shall have a
configuration that enables a rider to be able to actuate the parking
brake system while seated in the normal driving position.
    S5.1.4 Two-wheeled motorcycles of categories 3-1 and 3-3. Each
category 3-1 and 3-3 two-wheeled motorcycle shall be equipped with
either two separate service brake systems, or a split service brake
system, with at least one brake operating on the front wheel and at
least one brake operating on the rear wheel.
    S5.1.5 Three-wheeled motorcycles of category 3-4. Each category 3-4
motorcycle shall comply with the brake system requirements in S5.1.4. A
brake on the asymmetric wheel (with respect to the longitudinal axis)
is not required.
    S5.1.6 Three-wheeled motorcycles of category 3-2. Each category 3-2
motorcycle shall be equipped with a parking brake system plus one of
the following service brake systems:
    (a) two separate service brake systems, except CBS, which, when
applied together, operate the brakes on all wheels; or
    (b) a split service brake system; or
    (c) a CBS that operates the brake on all wheels and a secondary
brake system which may be the parking brake system.
    S5.1.7 Three-wheeled motorcycles of categories 3-5. Each category
3-5 motorcycle shall be equipped with:
    (a) a parking brake system; and
    (b) a foot actuated service brake system which operates the brakes
on all wheels by way of either:
    (1) a split service brake system; or
    (2) a CBS and a secondary brake system, which may be the parking
brake system.
    S5.1.8 Two separate service brake systems. For motorcycles where
two separate service brake systems are installed, the systems may share
a common brake, if a failure in one system does not affect the
performance of the other.
    S5.1.9 Hydraulic service brake system. For motorcycles that use
hydraulic fluid for brake force transmission, the master cylinder
shall:
    (a) have a sealed, covered, separate reservoir for each brake
system; and
    (b) have a minimum reservoir capacity equivalent to 1.5 times the
total fluid displacement required to satisfy the new to fully worn
lining condition with the worst case brake adjustment conditions; and
    (c) have a reservoir where the fluid level is visible for checking
without removal of the cover.
    S5.1.10 Warning lamps. All warning lamps shall be mounted in the
rider's view.
    S<IP_ADDRESS> Split service brake system warning lamps.
    (a) Each motorcycle that that is equipped with a split service
brake system shall be fitted with a red warning lamp, which shall be
activated:
    (1) When there is a hydraulic failure on the application of a force
of <= 90 N on the control; or
    (2) without actuation of the brake control, when the brake fluid
level in the master cylinder reservoir falls below the greater of:
    (i) that which is specified by the manufacturer; and
    (ii) that which is less than or equal to half of the fluid
reservoir capacity.
    (b) To permit function checking, the warning lamp shall be
illuminated by the activation of the ignition switch and shall be
extinguished when the check has been completed. The warning lamp shall
remain on while a failure condition exists whenever the ignition switch
is in the ``on'' position.
    S<IP_ADDRESS> Antilock brake system warning lamps. Each motorcycle
equipped with an ABS system shall be fitted with a yellow warning lamp.
The lamp shall be activated whenever there is a malfunction that
affects the generation or transmission of signals in the motorcycle's
ABS system. To permit function checking, the warning lamp shall be
illuminated by the activation of the ignition switch and extinguished
when the check has been completed. The warning lamp shall remain on
while a failure condition exists whenever the ignition switch is in the
``on'' position.
    S5.2 Durability.
    S5.2.1 Compensation for wear. Wear of the brakes shall be
compensated for by means of a system of automatic or manual adjustment.
    S5.2.2 Notice of wear. The friction material thickness shall either
be visible without disassembly, or where the friction material is not
visible, wear shall be assessed by means of a device designed for that
purpose.
    S5.2.3 Testing. During all the tests in this standard and on their
completion, there shall be no friction material detachment and no
leakage of brake fluid.
    S5.3 Measurement of dynamic performance. There are two ways in
which brake system performance is measured. The particular method to be
used is specified in the respective tests in S6.
    S5.3.1 Stopping distance.
    (a) Based on the basic equations of motion: S = 0.1[middot]V +
(X)[middot]V2,

Where:

S = stopping distance in meters
V = initial vehicle speed in km/h
X = a variable based on the requirement for each test

    (b) To calculate the corrected stopping distance using the actual
vehicle test speed, the following formula is used: Ss = 0.1[middot]Vs +
(Sa - 0.1[middot]Va)[middot]Vs2/Va2,

Where:

Ss = corrected stopping distance in meters
Vs = specified vehicle test speed in km/h
Sa = actual stopping distance in meters
Va = actual vehicle test speed in km/h

    Note to S5.3.1(b): This equation is only valid when the actual
test speed (Va) is within  5 km/h of the specified test
speed (Vs).

    S5.3.2 Continuous deceleration recording. The other method used to
measure performance is the continuous recording of the vehicle
instantaneous deceleration from the moment a force is applied to the
brake control until the end of the stop.
    S6. Test conditions, procedures and performance requirements.
    S6.1 General.
    S6.1.1 Test surfaces.
    S<IP_ADDRESS> High friction surface. A high friction surface is used for
all dynamic brake tests excluding the ABS tests where a low-friction
surface is specified. The high-friction surface test area is a clean,
dry and level surface, with a gradient of <= 1 percent. The high-
friction surface has a peak braking coefficient (PBC) of 0.9.
    S<IP_ADDRESS> Low-friction surface. A low-friction surface is used for
ABS tests where a low-friction surface is specified. The low-friction
surface test area is a clean and level surface, with a gradient of <= 1
percent. The low-friction surface has a PBC of <= 0.45.
    S<IP_ADDRESS> Measurement of PBC. The PBC is measured using the American
Society for Testing and Materials (ASTM) E1136-93 (Reapproved 2003)
standard reference test tire, in accordance with ASTM Method E1337-90
(Reapproved 2002), at a speed of 40 mph without water delivery.
    S<IP_ADDRESS> Parking brake system tests. The specified test slope has a
clean and dry surface that does not deform under the weight of the
motorcycle.
    S<IP_ADDRESS> Test lane width. For two-wheeled motorcycles (motorcycle
categories 3-1 and 3-3) the test lane width is 2.5 meters. For three-
wheeled motorcycles (motorcycle categories 3-2, 3-4 and 3-5) the test
lane width is 2.5 meters plus the vehicle width.
    S6.1.2 Ambient temperature. The ambient temperature is between 4
[deg]C and 45 [deg]C.
    S6.1.3 Wind speed. The wind speed is not more than 5 m/s.
    S6.1.4 Test speed tolerance. The test speed tolerance is  5 km/h. In the event of the actual test speed deviating from the
specified test speed (but within the  5 km/h tolerance),
the actual stopping distance is corrected using the formula in
S5.3.2(b).
    S6.1.5 Automatic transmission. Motorcycles with automatic
transmission shall meet all test requirements--whether they are for
``engine connected'' or ``engine disconnected.'' If an automatic
transmission has a neutral position, the neutral position is selected
for tests where ``engine disconnected'' is specified.
    S6.1.6 Vehicle position and wheel lock. The vehicle is positioned
in the center of the test lane for the beginning of each stop. Stops
are made without the vehicle wheels passing outside the applicable test
lane and without wheel lock.
    S6.1.7 Test sequence. Test sequence is as specified in Table 1.
    S6.2 Preparation.
    S6.2.1 Engine idle speed. The engine idle speed is set to the
manufacturer's specification.
    S6.2.2 Tire pressures. The tires are inflated to the manufacturer's
specification for the vehicle loading condition for the test.
    S6.2.3 Control application points and direction. For a hand control
lever, the input force (F) is applied on the control lever's forward
surface perpendicular to the axis of the lever fulcrum and its
outermost point on the plane along which the control lever rotates (see
Figure 1). The input force is applied to a point located 50 millimeters
(mm) from the outermost point of the control lever, measured along the
axis between the central axis of the fulcrum of the lever and its
outermost point. For a foot control pedal, the input force is applied
to the center of, and at right angles to, the control pedal.
    S6.2.4 Brake temperature measurement. The brake temperature is
measured on the approximate center of the facing length and width of
the most heavily loaded shoe or disc pad, one per brake, using a plug-
type thermocouple that is embedded in the friction material, as shown
in Figure 2.
    S6.2.5 Burnishing procedure. The vehicle brakes are burnished prior
to evaluating performance.
    S<IP_ADDRESS> Vehicle condition.
    (a) Vehicle lightly loaded.
    (b) Engine disconnected.
    S<IP_ADDRESS> Conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature before
each brake application is <= 100 [deg]C.
    (b) Test speed.
    (1) Initial speed: 50 km/h or 0.8 Vmax, whichever is lower.
    (2) Final speed = 5 to 10 km/h.
    (c) Brake application. Each service brake system control actuated
separately.
    (d) Vehicle deceleration.
    (1) Single front brake system only:
    (i) 3.0-3.5 m/s2 for motorcycle categories 3-3 and 3-5
    (ii) 1.5-2.0 m/s2 for motorcycle categories 3-1 and 3-2
    (2) Single rear brake system only: 1.5-2.0 m/s2
    (3) CBS or split service brake system: 3.5-4.0 m/s2
    (e) Number of decelerations. There shall be 100 decelerations per
brake system.
    (f) For the first stop, accelerate the vehicle to the initial speed
and then actuate the brake control under the conditions specified until
the final speed is reached. Then reaccelerate to the initial speed and
maintain that speed until the brake temperature falls to the specified
initial value. When these conditions are met, reapply the brake as
specified. Repeat this procedure for the number of specified
decelerations. After burnishing, adjust the brakes in accordance with
the manufacturer's recommendations.
    S6.3 Dry stop test--single brake control actuated.
    S6.3.1 Vehicle condition.
    (a) The test is applicable to all motorcycle categories.
    (b) Laden. For vehicles fitted with CBS and split service brake
system, the vehicle is tested in the lightly loaded condition in
addition to the laden condition.
    (c) Engine disconnected.
    S6.3.2 Test conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (b) Test speed.
    (1) Motorcycle categories 3-1 and 3-2: 40 km/h or 0.9 Vmax,
whichever is lower.
    (2) Motorcycle categories 3-3, 3-4 and 3-5: 60 km/h or 0.9 Vmax,
whichever is lower.
    (c) Brake application. Each service brake system control actuated
separately.
    (d) Brake actuation force.
    (1) Hand control: <= 200 N.
    (2) Foot control:
    (i) <= 350 N for motorcycle categories 3-1, 3-2, 3-3 and 3-5.
    (ii) <= for motorcycle category 3-4.
    (e) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 6 stops.
    (f) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control under the conditions specified in this
paragraph.
    S6.3.3 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in paragraph S6.3.2., the
stopping distance shall be as specified in column 2 of Table 2.
    S6.4 Dry stop test--all service brake controls actuated.
    S6.4.1 Vehicle condition.
    (a) The test is applicable to motorcycle categories 3-3, 3-4 and 3-
5.

    (b) Lightly loaded.
    (c) Engine disconnected.
    S6.4.2 Test conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (b) Test speed. Test speed is 100 km/h or 0.9 Vmax, whichever is
lower.
    (c) Brake application. Simultaneous actuation of both service brake
system controls, if so equipped, or of the single service brake system
control in the case of a service brake system that operates on all
wheels.
    (d) Brake actuation force.
    (1) Hand control: <= 250 N.
    (2) Foot control:
    (i) <= 400 N for motorcycle categories 3-3 and 3-5.
    (ii) <= 500 N for motorcycle category 3-4.
    (e) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 6 stops.
    (f) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control under the conditions specified in this
paragraph.
    S6.4.3 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in paragraph S6.4.2., the
stopping distance (S) shall be S <= 0.0060 V\2\ (where V is the
specified test speed in km/h and S is the required stopping distance in
meters).
    S6.5 High speed test.
    S6.5.1 Vehicle condition.
    (a) The test is applicable to motorcycle categories 3-3, 3-4 and 3-
5.
    (b) Test is not required for vehicles with Vmax <= 125 km/h.
    (c) Lightly loaded.
    (d) Engine connected with the transmission in the highest gear.
    S6.5.2 Test conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and >= 100 [deg]C.
    (b) Test speed.
    (1) Test speed is 0.8 Vmax for motorcycles with Vmax > 125 km/h and
< 200 km/h.
    (2) Test speed is 160 km/h for motorcycles with Vmax >= 200 km/h.
    (c) Brake application. Simultaneous actuation of both service brake
system controls, if so equipped, or of the single service brake system
control in the case of a service brake system that operates on all
wheels.
    (d) Brake actuation force.
    (1) Hand control: <= 200 N.
    (2) Foot control:
    (i) <= 350 N for motorcycle categories 3-3 and 3-5.
    (ii) <= 500 N for motorcycle category 3-4.
    (e) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 6 stops.
    (f) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control(s) under the conditions specified in
this paragraph.
    S6.5.3 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in paragraph S6.5.2, the
stopping distance (S) shall be <= 0.1 V + 0.0067 V\2\ (where V is the
specified test speed in km/h and S is the required stopping distance in
meters).
    S6.6 Wet brake test.
    S6.6.1 General information.
    (a) The test is comprised of two parts that are carried out
consecutively for each brake system:
    (1) A baseline test based on the dry stop test--single brake
control actuated (S6.3).
    (2) A single wet brake stop using the same test parameters as in
(1), but with the brake(s) being continuously sprayed with water while
the test is conducted in order to measure the brakes' performance in
wet conditions.
    (b) The test is not applicable to parking brake systems unless it
is the secondary brake.
    (c) Drum brakes or fully enclosed disc brakes are excluded from
this test unless ventilation or open inspection ports are present.
    (d) This test requires the vehicle to be fitted with
instrumentation that gives a continuous recording of brake control
force and vehicle deceleration.
    S6.6.2 Vehicle condition.
    (a) The test is applicable to all motorcycle categories.
    (b) Laden. For vehicles fitted with CBS and split service brake
systems, the vehicle is tested in the lightly loaded condition in
addition to the laden condition.
    (c) Engine disconnected.
    (d) Each brake is fitted with water spray equipment as shown in
Figure 3.
    (1) Disc brakes--sketch of water spray equipment. The disc brake
water spray equipment is installed as follows:
    (i) Water is sprayed onto each brake with a flow rate of 15 liters/
hr. The water is equally distributed on each side of the rotor.
    (ii) If the surface of the rotor has any shielding, the spray is
applied 45[deg] prior to the shield.
    (iii) If it is not possible to locate the spray in the position
shown on the sketch, or if the spray coincides with a brake ventilation
hole or similar, the spray nozzle may be advanced by an additional
90[deg] maximum from the edge of the pad, using the same radius.
    (2) Drum brakes with ventilation and open inspection ports. The
water spray equipment is installed as follows:
    (i) Water is sprayed equally onto both sides of the drum brake
assembly (on the stationary back plate and on the rotating drum) with a
flow rate of 15 liters/hr.
    (ii) The spray nozzles are positioned two-thirds of the distance
from the outer circumference of the rotating drum to the wheel hub
center.
    (iii) The nozzle position is > 15[deg] from the edge of any opening
in the drum back plate.
    S6.6.3 Baseline test--test conditions and procedure.
    (a) The test in paragraph S6.3 (dry stop test--single brake control
actuated) is carried out for each brake system but with the brake
control force that results in a vehicle deceleration of 2.5-3.0 m/s\2\,
and the following is determined:
    (1) The average brake control force measured when the vehicle is
traveling between 80 percent and 10 percent of the specified test
speed.
    (2) The average vehicle deceleration in the period 0.5 to 1.0
seconds after the point of actuation of the brake control.
    (3) The maximum vehicle deceleration during the complete stop but
excluding the final 0.5 seconds.
    (b) Conduct 3 baseline stops and average the values obtained in
(1), (2), and (3).
    S6.6.4 Wet brake test--test conditions and procedure.
    (a) The vehicle is ridden at the test speed used in the baseline
test set out in S6.6.3 with the water spray equipment operating on the
brake(s) to be tested and with no application of the brake system.
    (b) After a distance of >= 500 m, apply the average brake control
force determined in the baseline test for the brake system being
tested.
    (c) Measure the average vehicle deceleration in the period 0.5 to
1.0 seconds after the point of actuation of the brake control.
    (d) Measure the maximum vehicle deceleration during the complete
stop but excluding the final 0.5 seconds.
    S6.6.5 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in paragraph S6.6.4, the wet
brake deceleration performance shall be:
    (a) The value measured in paragraph S6.6.4(c) shall be >= 60
percent of the average deceleration values recorded in the baseline
test in paragraph S6.6.3(a)(2), i.e., in the period 0.5 to 1.0 seconds
after the point of actuation of the brake control; and
    (b) The value measured in S6.6.4(d) shall be <= 120 percent of the
average

deceleration values recorded in the baseline test S6.6.3(a)(3), i.e.,
during the complete stop but excluding the final 0.5 seconds.
    S6.7 Heat fade test.
    S6.7.1 General information.
    (a) The test comprises three parts that are carried out
consecutively for each brake system:
    (1) A baseline test using the dry stop test--single brake control
actuated (S6.3).
    (2) A heating procedure which consists of a series of repeated
stops in order to heat the brake(s).
    (3) A hot brake stop using the dry stop test--single brake control
actuated (S6.3), to measure the brake's performance after the heating
procedure.
    (b) The test is applicable to motorcycle categories 3-3, 3-4 and 3-
5.
    (c) The test is not applicable to parking brake systems and
secondary service brake systems.
    (d) All stops are carried out with the motorcycle laden.
    (e) The heating procedure requires the motorcycle to be fitted with
instrumentation that gives a continuous recording of brake control
force and vehicle deceleration.
    S6.7.2 Baseline test.
    S<IP_ADDRESS> Vehicle condition--baseline test. Engine disconnected.
    S<IP_ADDRESS> Test conditions and procedure--baseline test.
    (a) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (b) Test speed. Test speed is 60 km/h or 0.9 Vmax, whichever is the
lower.
    (c) Brake application. Each service brake system control is
actuated separately.
    (d) Brake actuation force.
    (1) Hand control: <= 200 N.
    (2) Foot control:
    (i) <= 350 N for motorcycle categories 3-3 and 3-5.
    (ii) <= 500 N for motorcycle category 3-4.
    (e) Accelerate the vehicle to the test speed, actuate the brake
control under the conditions specified and record the control force
required to achieve the vehicle braking performance specified in the
table to S6.3.3 (Table 2).
    S6.7.3 Heating procedure.
    S<IP_ADDRESS> Vehicle condition--heating procedure. Engine transmission:
    (a) From the specified test speed to 50 percent specified test
speed: connected, with the highest appropriate gear selected such that
the engine speed remains above the manufacturer's specified idle speed.
    (b) From 50 percent specified test speed to standstill:
disconnected.
    S<IP_ADDRESS> Test conditions and procedure--heating procedure.
    (a) Initial brake temperature. Initial brake temperature is (prior
to first stop only) >= 55[deg] C and <= 100 [deg]C.
    (b) Test speed.
    (1) Single brake system, front wheel braking only: 100 km/h or 0.7
Vmax, whichever is the lower.
    (2) Single brake system, rear wheel braking only: 80 km/h or 0.7
Vmax, whichever is the lower.
    (3) CBS or split service brake system: 100 km/h or 0.7 Vmax,
whichever is the lower.
    (c) Brake application. Each service brake system control actuated
separately.
    (d) Brake actuation force.
    (1) For the first stop: The constant control force that achieves a
vehicle deceleration rate of 3.0-3.5 m/s\2\ while the vehicle is
decelerating between 80 percent and 10 percent of the specified speed.
    (2) For the remaining stops:
    (i) The same constant brake control force as used for the first
stop.
    (ii) Number of stops: 10.
    (iii) Interval between stops: 1000 m.
    (e) Carry out a stop to the conditions specified in this paragraph
and then immediately use maximum acceleration to reach the specified
speed and maintain that speed until the next stop is made.
    S6.7.4 Hot brake stop--test conditions and procedure. Perform a
single stop under the conditions used in the baseline test (S6.7.2) for
the brake system that has been heated during the procedure in
accordance with S6.7.3. This stop is carried out within one minute of
the completion of the procedure set out in S6.7.3 with a brake control
application force less than or equal to the force used during the test
set out in S6.7.2.
    S6.7.5 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in S6.7.4, the stopping
distance S2 shall be <= 1.67 S1- 0.67 x 0.1V,

Where:
S1 = corrected stopping distance in meters achieved in
the baseline test set out in S6.7.2.
S2 = corrected stopping distance in meters achieved in
the hot brake stop set out in S6.7.4.
V = specified test speed in km/h.

    S6.8 Parking brake system test--for motorcycles with parking
brakes.
    S6.8.1 Vehicle condition.
    (a) The test is applicable to motorcycle categories 3-2, 3-4 and 3-
5.
    (b) Laden.
    (c) Engine disconnected.
    S6.8.2 Test conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature is <= 100
[deg]C.
    (b) Test surface gradient. Test surface gradient is equal to 18
percent.
    (c) Brake actuation force.
    (1) Hand control: <= 400 N.
    (2) Foot control: <= 500 N.
    (d) For the first part of the test, park the vehicle on the test
surface gradient facing up the slope by applying the parking brake
system under the conditions specified in this paragraph. If the vehicle
remains stationary, start the measurement of the test period.
    (e) On completion of the test with vehicle facing up the gradient,
repeat the same test procedure with the vehicle facing down the
gradient.
    S6.8.3 Performance requirements. When tested in accordance with the
test procedure set out in S6.8.2, the parking brake system shall hold
the vehicle stationary (to the limits of traction of the braked wheels)
for 5 minutes when the vehicle is both facing up and facing down the
gradient.
    S6.9 ABS tests.
    S6.9.1 General.
    (a) The tests are only applicable to the ABS fitted on motorcycle
categories 3-1 and 3-3.
    (b) The tests are to confirm the performance of brake systems
equipped with ABS and their performance in the event of ABS electrical
failure.
    (c) Fully cycling means that the anti-lock system is repeatedly
modulating the brake force to prevent the directly controlled wheels
from locking.
    (d) Wheel-lock is allowed as long as the stability of the vehicle
is not affected to the extent that it requires the operator to release
the control or causes a vehicle wheel to pass outside the test lane.
    (e) The test series comprises the individual tests in Table 3,
which may be carried out in any order.
    S6.9.2 Vehicle condition.
    (a) Lightly loaded.
    (b) Engine disconnected.
    S6.9.3 Stops on a high-friction surface.
    S<IP_ADDRESS> Test conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (b) Test speed. Test speed is 60 km/h or 0.9 Vmax, whichever is
lower.
    (c) Brake application. Simultaneous actuation of both service brake
system controls, if so equipped, or of the single service brake control
in the case of a service brake system that operates on all wheels.
    (d) Brake actuation force. The force applied is that which is
necessary to ensure that the ABS will cycle fully throughout each stop,
down to 10 km/h.

    (e) If one wheel is not equipped with ABS, the control for the
service brake on that wheel is actuated with a force that is lower than
the force that will cause the wheel to lock.
    (f) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 6 stops.
    (g) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control under the conditions specified in this
paragraph.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures referred to in S<IP_ADDRESS>:
    (a) the stopping distance (S) shall be <= 0.0063V \2\ (where V is
the specified test speed in km/h and S is the required stopping
distance in meters); and
    (b) there shall be no wheel lock and the vehicle wheels shall stay
within the test lane.
    S6.9.4 Stops on a low friction surface.
    S<IP_ADDRESS> Test conditions and procedure. As set out in S<IP_ADDRESS>, but
using the low friction surface instead of the high friction one.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures set out in S<IP_ADDRESS>:
    (a) the stopping distance (S) shall be <= 0.0056 V \2\/P (where V
is the specified test speed in km/h, P is the peak braking coefficient
and S is the required stopping distance in meters); and
    (b) there shall be no wheel lock and the vehicle wheels shall stay
within the test lane.
    S6.9.5 Wheel lock checks on high and low friction surfaces.
    S<IP_ADDRESS> Test conditions and procedure.
    (a) Test surfaces.
    (b) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (c) Test speed.
    (1) On the high friction surface: 80 km/h or 0.8 Vmax, whichever is
lower.
    (2) On the low friction surface: 60 km/h or 0.8 Vmax, whichever is
lower.
    (d) Brake application.
    (1) Each service brake system control actuated separately.
    (2) Where ABS is fitted to both brake systems, simultaneous
actuation of both brake controls in addition to (1).
    (e) Brake actuation force. The force applied is that which is
necessary to ensure that the ABS will cycle fully throughout each stop,
down to 10 km/h.
    (f) Brake application rate. The brake control actuation force is
applied in 0.2-0.5 seconds.
    (g) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 3 stops.
    (h) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control under the conditions specified in this
paragraph.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures set out in S<IP_ADDRESS>, there shall be
no wheel lock and the vehicle wheels shall stay within the test lane.
    S6.9.6 Wheel lock check--high to low friction surface transition.
    S<IP_ADDRESS> Test conditions and procedure.
    (a) Test surfaces. A high friction surface immediately followed by
a low friction surface.
    (b) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (c) Test speed. The speed that will result in 50 km/h or 0.5 Vmax,
whichever is the lower, at the point where the vehicle passes from the
high friction to the low friction surface.
    (d) Brake application.
    (1) Each service brake system control actuated separately.
    (2) Where ABS is fitted to both brake systems, simultaneous
actuation of both brake controls in addition to (1).
    (e) Brake actuation force. The force applied is that which is
necessary to ensure that the ABS will cycle fully throughout each stop,
down to 10 km/h.
    (f) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 3 stops.
    (g) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control before the vehicle reaches the
transition from one friction surface to the other.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures set out in S<IP_ADDRESS>, there shall be
no wheel lock and the vehicle wheels shall stay within the test lane.
    S6.9.7 Wheel lock check--low to high friction surface transition.
    S<IP_ADDRESS> Test conditions and procedure.
    (a) Test surfaces. A low friction surface immediately followed by a
high friction surface with a PBC >= 0.8.
    (b) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (c) Test speed. The speed that will result in 50 km/h or 0.5 Vmax,
whichever is the lower, at the point where the vehicle passes from the
low friction to the high friction surface.
    (d) Brake application.
    (1) Each service brake system control applied separately.
    (2) Where ABS is fitted to both brake systems, simultaneous
application of both brake controls in addition to (1).
    (e) Brake actuation force. The force applied is that which is
necessary to ensure that the ABS will cycle fully throughout each stop,
down to 10 km/h.
    (f) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 3 stops.
    (g) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control before the vehicle reaches the
transition from one friction surface to the other.
    (h) Record the vehicle's continuous deceleration.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures set out in S<IP_ADDRESS>:
    (a) there shall be no wheel lock and the vehicle wheels shall stay
within the test lane, and
    (b) within 1 second of the rear wheel passing the transition point
between the low and high friction surfaces, the vehicle deceleration
shall increase.
    S6.9.8 Stops with an ABS electrical failure.
    S<IP_ADDRESS> Test conditions and procedure. With the ABS electrical
system disabled, carry out the test set out in S6.3 (dry stop test--
single brake control actuated) applying the conditions relevant to the
brake system and vehicle being tested.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedure set out in S<IP_ADDRESS>:
    (a) the system shall comply with the failure warning requirements
of S<IP_ADDRESS>; and
    (b) the minimum requirements for stopping distance shall be as
specified in column 2 under the heading ``Single brake system, rear
wheel(s) braking only'' in Table 2.
    S6.10 Partial failure test--for split service brake systems.
    S6.10.1 General information.
    (a) The test is only applicable to vehicles that are equipped with
split service brake systems.
    (b) The test is to confirm the performance of the remaining
subsystem in the event of a hydraulic system leakage failure.
    S6.10.2 Vehicle condition.
    (a) The test is applicable to motorcycle categories 3-3, 3-4 and 3-
5.
    (b) Lightly loaded.
    (c) Engine disconnected.
    S6.10.3 Test conditions and procedure.

    (a) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (b) Test speed. Test speed is 50 km/h and 100 km/h or 0.8 Vmax,
whichever is lower.
    (c) Brake actuation force.
    (1) Hand control: <= 250 N.
    (2) Foot control: <= 400 N.
    (d) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 6 stops for each test speed.
    (e) Alter the service brake system to induce a complete loss of
braking in any one subsystem. Then, for each stop, accelerate the
vehicle to the test speed and then actuate the brake control under the
conditions specified in this paragraph.
    (f) Repeat the test for each subsystem.
    S6.10.4 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in S6.10.3:
    (a) The system shall comply with the failure warning requirements
set out in paragraph 3.1.11.; and
    (b) The stopping distance (S) shall be <= 0.1 V + 0.0117 V\2\
(where V is the specified test speed in km/h and S is the required
stopping distance in meters).
    S6.11 Power-assisted braking system failure test.
    S6.11.1 General information.
    (a) The test is not conducted when the vehicle is equipped with
another separate service brake system.
    (b) The test is to confirm the performance of the service brake
system in the event of failure of the power assistance.
    S6.11.2 Test conditions and procedure. Carry out the test set out
in S6.3.3 (dry stop test--single brake control actuated) for each
service brake system with the power assistance disabled.
    S6.11.3 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in S6.11.2, the stopping
distance shall be as specified in column 2 of Table 4. Note that if the
power assistance may be activated by more than one control, the above
performance shall be achieved when each control is actuated separately.
BILLING CODE 4910-59-P

[GRAPHIC] [TIFF OMITTED] TP17SE08.000

[GRAPHIC] [TIFF OMITTED] TP17SE08.001

[GRAPHIC] [TIFF OMITTED] TP17SE08.002

[GRAPHIC] [TIFF OMITTED] TP17SE08.003

    Issued on: September 10, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E8-21568 Filed 9-16-08; 8:45 am]

BILLING CODE 4910-59-C