does not meet its safety needs. The UN/ECE World Forum for
Harmonization of Vehicle Regulations (WP.29) administers the 1998
Agreement. Four committees coordinate the activities of WP.29: AC.2
manages the coordination of work of WP.29, while AC.3 is the
``Executive Committee'' for the 1998 Agreement. There are also six
permanent subsidiary bodies of WP.29, known as GRs (Groups of
Rapporteurs) that assist WP.29 in researching, analyzing and developing
technical regulations.
    At its March 2011 session, WP.29 determined that vehicles propelled
in whole or in part by electric means, present a danger to pedestrians
and consequently adopted Guidelines covering alert sounds for electric
and hybrid vehicles that are closely based on the Japanese Government's
guidelines. The Guidelines were published as an annex to the UNECE
Consolidated Resolution on the Construction of Vehicles (R.E.3).
Considering the international interest and work in this new area of
safety, the US has decided to lead the efforts on the new GTR, with
Japan as co-sponsor, and develop harmonized pedestrian alert sound
requirements for electric and hybrid-electric vehicles under the 1998
Global Agreement. Development of the GTR for pedestrian alert sound has
been assigned to the Group of Experts on Noise (GRB), the group most
experienced with vehicle sound emissions. GRB is in the process of
assessing the safety, environmental and technological concerns to
develop a GTR that leverages expertise and research from around the
world and feedback from consumer groups. The US, along with Japan, is
the co-chair of the informal working group assigned to develop the GTR
and, therefore, will guide the informal working group's development of
the GTR. GRB will meet regularly and report to WP.29 until the expected
establishment of the new GTR in November 2014.
    Prime Minister Stephen Harper and President Barack Obama created
the U.S.-Canada Regulatory Cooperation Council (RCC) on February 4,
2011 to increase regulatory cooperation between the United States and
Canada. One of the action items of the RCC is to work to develop joint
plans to address hybrid and electric vehicles and pedestrian safety.
Pursuant to the RCC, the agency has been collaborating with Transport
Canada on areas of research of mutual

interest regarding sound produced by hybrid and electric vehicles.

X. Analysis of Costs, Benefits, and Environmental Effects

A. Benefits

    As stated above in the discussion of the statistical analysis of
safety need done for this rulemaking (see Section V), the use of data
from 16 states cannot be used to directly estimate the national problem
size and, an analysis of pedestrian fatalities is not appropriate for
this rulemaking. The target population analysis will therefore focus on
injuries only.
    The PSEA directs NHTSA to establish minimum sound requirements for
EVs and HVs as a means of addressing the increased rate of pedestrian
crashes for these vehicles. In calculating the benefits of this
rulemaking we have assumed that adding sound to EVs and HVs will bring
the pedestrian crash rates for these vehicles in line with the
pedestrian crash rates for ICE vehicles because the minimum sound
requirements in the proposed rule would ensure that EVs and HVs are at
least as detectable to pedestrians as ICE vehicles. This approach
assumes that EVs and HVs have higher pedestrian crash rates than ICE
vehicles because of the differences in sound levels produced by these
vehicles. Therefore, the target population for this rulemaking is the
number of crashes that would be avoided if the crash rate for hybrid
and electric vehicles was the same as the crash rate for ICE vehicles.
No quantifiable benefits are estimated for EVs because we assume that
EV manufacturers would have added alert sounds to their cars in the
absence of this proposed rule and the PSEA.
    First, injury estimates from the 2006-2010 National Automotive
Sampling System--General Estimates System (NASS-GES) and 2007 Not in
Traffic Surveillance (NiTS) were used to provide an average estimate
for combined in-traffic and relevant not-in-traffic crashes. In order
to combine the GES and NiTS data in a meaningful way, it was assumed
that the ratio of GES-to-NiTS will be constant for all years 2006 to
2010.
    Because both the GES and NiTS databases rely on police reported
crashes, these databases do not accurately reflect all vehicle crashes
involving pedestrians because many of these crashes are not reported to
the police. The agency estimates that the number of unreported crashes
for pedestrians is equal to 100.8 percent of the reported crashes. That
is to say, for every 100 police reported pedestrian crashes, there
exist 100.8 additional unreported pedestrian crashes, for a total of
200.8 crashes.
    Table 15 shows the reported and unreported crashes by injury
severity. Only injury counts will be examined for the purpose of
benefits calculations, and as such fatalities and uninjured (MAIS 0)
counts are not included.

       Table 15--Quiet Cars Target Population Injuries Reported (GES, NiTS) and Unreported Pedestrians and
                                            Pedalcyclists, by Vehicle
----------------------------------------------------------------------------------------------------------------
                  MAIS level                        1          2          3          4          5      Total 1-5
----------------------------------------------------------------------------------------------------------------
                             Reported (GES+NiTS) and Unreported Injured Pedestrians
----------------------------------------------------------------------------------------------------------------
Passenger Car (PC)............................     75,401     12,490      2,561        613        248     91,313
Light Trucks & Vans (LTV).....................     51,761      8,627      1,771        423        171     62,753
                                               -----------------------------------------------------------------
    Total Light Vehicles (PC+LTV).............    127,163     21,116      4,332      1,037        419    154,067
----------------------------------------------------------------------------------------------------------------
                            Reported (GES+NiTS) and Unreported Injured Pedalcyclists
----------------------------------------------------------------------------------------------------------------
Passenger Car (PC)............................     43,795      6,329      1,105        247         88     51,564
Light Trucks & Vans (LTV).....................     28,840      4,184        730        162         58     33,974
                                               -----------------------------------------------------------------
    Total Light Vehicles (PC+LTV).............     72,635     10,513      1,835        409        146     85,538
----------------------------------------------------------------------------------------------------------------

    The estimates in Table 15 are based on the current make-up of the
fleet for all propulsion types. This means that the total target
population described above across 2006 to 2010 is not only the result
of 100% of the combined sales of all vehicle propulsion types, but also
it is assumed to be equal to 100.67% of the injuries resulting from a
fleet comprised of only ICE vehicles (due to the increased rate of
these incidents for EVs and HVs). The estimated injuries in Table 16
are created by combining the percentage of annual sales of hybrid and
electric vehicles with the odds ratio of 1.19, representing the
increased risk of an HV being involved in a pedestrian crash, and the
odds ratio of 1.44, representing the increased risk of an HV being
involved in a pedalcyclist crash.\121\ Thus, when considering
pedestrians injured by MY2016 vehicles and assuming these pedestrian
and pedalcyclist crashes occurred because the pedestrians and
pedalcyclists failed to detect these vehicles by hearing, the
rulemaking is responsible for the 1,223 injury difference between that
theoretical ICE-only fleet (153,271 injuries) and the estimated
lifetime injuries from the MY2016 fleet (154,494). When considering
pedalcyclists injured by MY2016 vehicles, the rulemaking is responsible
for the 1,567 injury difference between that theoretical fleet (84,516
injuries) and the estimated lifetime injuries from the MY2016 fleet
(86,084). The rule would also reduce 5 pedestrian injuries over the
lifetime of the MY 2016 fleet of LSVs and 5 pedalcyclist injuries over
the lifetime of the MY 2016 fleet of LSVs.
---------------------------------------------------------------------------

    \121\ See footnote 42.

                                     Table 16--Enhanced Injury Rate (EIR) for Pedestrians for 2016 Model Year \122\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                EVs +                           Injuries   Injuries
                                                                     Mild      Strong   fuel cell     ICEs      Total     assuming   assuming
                                                                   hybrids    hybrids              (percent)  (percent)   100% ICE  predicted   Benefits
                                                                  (percent)  (percent)  (percent)                          fleet       fleet
--------------------------------------------------------------------------------------------------------------------------------------------------------
Passenger Car...................................................       4.46       5.79       0.50      90.18     100.92     90,706     91,545        839
Light Trucks & Vans.............................................       5.62       3.85       0.04      91.11     100.61     62,565     62,949        384
                                                                 ---------------------------------------------------------------------------------------
    Total.......................................................  .........  .........  .........  .........  .........    153,271    154,494      1,223
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                          Enhanced Injury Rate (EIR) for Pedestrians for 2016 Model Year \123\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Injuries   Injuries
                                                                     Mild      Strong     EVs +       ICEs      Total     assuming   assuming
                                                                   hybrids    hybrids   fuel cell  (percent)  (percent)   100% ICE  predicted   Benefits
                                                                  (percent)  (percent)  (percent)                          fleet      fleet
--------------------------------------------------------------------------------------------------------------------------------------------------------
Passenger Car...................................................       4.46       7.01       0.50      90.18     102.14     50,777     51,865      1,087
Light Trucks & Vans.............................................       5.62       4.66       0.04      91.11     101.42     33,739     34,219        480
                                                                 ---------------------------------------------------------------------------------------
    Total.......................................................  .........  .........  .........  .........  .........     84,516     86,084      1,567
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The agency has not estimated the benefits associated with applying
the requirements of this proposal to hybrid and electric vehicles with
a GVWR over 4,536 kg (10,000 pounds), and electric motorcycles because
the agency was unable to determine separate pedestrian collision rates
for these vehicle types. The agency is unsure whether using the
difference in rates between light ICE vehicle pedestrian crashes and
light HV and EV pedestrian crashes would be an appropriate means of
calculating the benefits of applying the requirements of this proposal
to these other classes of vehicles. As discussed in the Preliminary
Regulatory Impact Analysis (PRIA), MAIS injury levels are converted to
dollar amounts. The benefit of reducing 2,800 pedestrian and
pedalcyclist injuries, or 35 equivalent lives saved, is estimated to be
$ 178.7M at the 3 percent discount rate and $146.3M at the 7 percent
discount rate for the light vehicle and LSV fleet.
---------------------------------------------------------------------------

    \122\ Table values may be off by one due to rounding.
    \123\ Table values may be off by one due to rounding.
---------------------------------------------------------------------------

    The agency calculated the benefits of this proposal by calculating
the ``injury differences'' between ICE vehicles and HVs. The ``injury
differences'' assume that the difference between crash rates for ICEs
and non-ICEs is explained wholly by the difference in sounds produced
by these two vehicle types of vehicles and the failure of pedestrians
and pedalcyclists to detect these vehicles by hearing. It is possible
that there are other factors responsible for some of the difference in
crash rates, which would mean that adding sound to hybrid and electric
vehicles would not reduce pedestrian and pedalcyclist crash rates for
hybrids to that of ICE vehicles. NHTSA also assumes the sound added to
hybrid and electric vehicles will be as effective in providing warning
to pedestrians as the sound produced by a vehicle's ICE. NHTSA seeks
comment on the underlying assumptions used in calculating the benefits
of this proposal.
    In addition to the benefits in injury reduction due to this
proposal there is also the benefit to blind individuals of continued
independent mobility. The increase in navigational ability resulting
from this proposal is hard to quantify and thus this benefit is
mentioned but not assigned a specific productivity or quality of life
monetization. By requiring alert sounds on hybrid and electric
vehicles, blind pedestrians will be able to navigate roads as safely
and effectively as if the fleet were entirely ICE vehicles. The benefit
of independent navigation leads to the ability to travel independently
and will, therefore, also lead to increased employment and the ability
to live independently.

B. Costs

    Based on Ward's Automotive Yearbook, 2011 there were 306,882 hybrid
engine installations in light vehicles (74% were in passenger cars and
26% were in light trucks) in MY 2010 (these were 2.8% of sales in 2010
of 10,796,533). There were a small number of electric vehicles (an
estimated 852 from NHTSA's data not Ward's) sold in 2010, the larger
sellers (GM Volt and Nissan Leaf) were introduced later. The Annual
Energy Outlook (AEO) for 2011 provides estimates of the fleet by year
for hybrid and electric vehicles.\124\ The number of vehicles that the
agency projects will be required to meet the standard is shown in TABLE
17.
---------------------------------------------------------------------------

    \124\ In calculating the costs of this proposal the agency only
included those vehicles that can operate solely via the vehicle's
electric motor. The agency did not included ``micro hybrids'' whose
ICE is always running when the vehicle is motion when calculating
the costs of this proposal.

   Table 17--Estimated/Predicted Hybrid and Electric Vehicle Sales Proposed To Be Required To Provide an Alert
                                                      Sound
----------------------------------------------------------------------------------------------------------------
                                                           Estimated 2010     Predicted 2016     2016 sales for
                                                               sales              sales         costing purposes
----------------------------------------------------------------------------------------------------------------
Low-Speed Vehicles.....................................              1,500              2,500              2,500
Light Vehicles Electric................................                852             46,200  .................
Fuel Cells.............................................                  0              2,900  .................
Light Vehicles Hybrid..................................            289,282            671,300            671,300

Light Vehicles Total...................................            290,143            720,400  .................
Medium and Heavy Truck.................................              2,000             21,500             21,500
Buses..................................................              3,000              5,000              5,000
Motorcycles............................................              1,500              5,000              5,000
                                                        --------------------------------------------------------
    Total Sales........................................            298,143            754,400            705,300
----------------------------------------------------------------------------------------------------------------

    The Nissan Leaf and other fully electric vehicles come equipped
with an alert sound system. Based on what manufacturers have
voluntarily provided in their fully electric vehicles, the agency
assumes that fully electric vehicles and hydrogen fuel cell vehicles
would have provided an alert sound system on their own and, therefore,
for costing purposes we assumed that this is not a cost of the
proposal. However, those vehicles' alert sounds may not meet the
proposed standard and, the rulemaking may force a change in a
manufacturer's sound alert. We assume that manufacturers would incur no
incremental cost for that change, as it is anticipated to be a simple
software modification. Thus, the incremental number of light vehicles
that have to add an alert sound system for costing purposes for MY 2016
is 720,400-46,200-2,900 = 671,300.
    Based on informal discussions with suppliers and industry experts,
the agency estimates that the total consumer cost for a system that
produces sounds meeting the requirement of this proposal is around $30
per vehicle. This estimate includes the cost of a dynamic range speaker
system that is protected from the elements and attached with mounting
hardware and wiring to both power the speaker and receive signal inputs
and a digital signal processor that receives information from the
vehicle regarding vehicle operating status (to produce sounds dependent
upon vehicle status). We seek comment of the cost of a speaker system
used to produce sounds meeting the requirements contained in this
proposal. We assume there will be no other structural changes or
installation costs associated with complying with the rule's
requirements and seek comment on this assumption. We believe the same
system can be used for both low-speed vehicles and light vehicles. We
estimate that the added weight of the system would increase fuel costs
for light vehicles around $5 over the life time of the vehicle.

                                              Table 18--Total Costs
----------------------------------------------------------------------------------------------------------------
                                                  3% Discount rate                     7% Discount rate
----------------------------------------------------------------------------------------------------------------
Passenger Cars Per Vehicle............  $34.73                               $33.83.
Light Trucks Per Vehicle..............  $35.33                               $34.23.
All Passenger Cars....................  $15.27 Million                       $14.87 Million.
All Light Trucks......................  $8.19 Million                        $7.93 Million.
Total for Light Vehicles..............  $23.45 Million                       $22.80 Million.
Low-speed Vehicles Per Vehicle........  $30.24                               $30.24.
Low-speed Vehicles Total Cost.........  $0.08                                $0.08.
Partial Costs for All Medium/Heavy      $1.48 Million                        $1.48 Million.
 Trucks, Buses, and Motorcycles.
                                       -------------------------------------------------------------------------
    Total.............................  $25.00 Million                       $24.36 Million.
----------------------------------------------------------------------------------------------------------------

    In addition to the quantifiable costs discussed above, there may be
a cost of adding sound to quiet vehicles to owners who value quiet.
NHTSA does not know how to put a value on quiet for a driver's own
vehicle. We are also unsure of the extent to which the added sound will
reach the passenger compartment of the vehicle and request comment on
this issue. Nor does the agency know how to put a value or a cost on
the increase in noise that the alert sound from other vehicles would
produce.
    As explained further in the Draft Environmental Assessment (Draft
EA) that the agency has analyzed the potential environmental effects of
this rulemaking, we expect that the increase in noise from the alert
sound will be no louder than that from an average ICE vehicle and that
there will not be an appreciable aggregate sound from these vehicles.
Given the low increase in overall noise caused by this rule, we expect
that any costs that may exist due to added sound will be minimal.
Nevertheless, we ask commenters whether the increase in noise brought
about by this proposal has any cost and how to value it. NHTSA also
seeks comment on whether manufacturers are taking any actions beyond
adding speakers and typical noise reduction efforts in response to
adding sound to quiet vehicles and the cost of such actions. NHTSA has
not found any way to value the increase in noise, and, thus it is a
non-quantified cost.

C. Comparison of Costs and Benefits

    Because we have calculated the costs of this rule to all applicable
hybrid and electric vehicles, but not calculated the benefits of
applying this proposal to the medium and heavy duty trucks and buses
and electric motorcycles the comparison of costs and benefits only
takes into account light vehicles and low-speed vehicles. Comparison of
costs and benefits expected due to this rule provides a cost of $0.83
to $0.99 million per equivalent life saved across the 3 and 7 percent
discount levels. This falls under NHTSA's value of a statistical life
of $6.3M, and therefore this rulemaking is assumed to be cost
beneficial. Since the lifetime benefits of MY2016 light vehicles is
expected to be between $145.8M and $178M, the net impact of the rule is
a positive one, even with the

estimated $20.1M required to install speakers \125\ and $3M in lifetime
fuel costs.
---------------------------------------------------------------------------

    \125\ Based on the assumption in this analysis that
manufacturers will install speakers to meet the proposal.

              Table 19--Discounted Benefits MY 2016, 2010$
------------------------------------------------------------------------
                                                    Total
                 3% Discount                      monetized    Total ELS
                                                  benefits
------------------------------------------------------------------------
                             TOTAL PED + CYC
------------------------------------------------------------------------
(PC).........................................    $122,747,591      19.41
(LTV)........................................      55,265,495       8.74
                                              --------------------------
  Total......................................     178,013,086      28.15
------------------------------------------------------------------------

                                                    Total
                 7% Discount                      monetized    Total ELS
                                                  benefits
------------------------------------------------------------------------
                             TOTAL PED + CYC
------------------------------------------------------------------------
(PC).........................................    $102,366,052      16.19
(LTV)........................................      43,422,889       6.87
                                              --------------------------
  Total......................................     145,788,941      23.06
------------------------------------------------------------------------

                       Table 20--Total Costs 2010$
------------------------------------------------------------------------
                                                 Total
                 3% Discount                    cost/veh    Total costs
------------------------------------------------------------------------
(PC).........................................     $34.70     $15,253,618
(LTV)........................................      35.30       8,178,471
                                              --------------------------
  Total......................................      34.91      23,432,088
------------------------------------------------------------------------

                                                 Total
                 7% Discount                    cost/veh    Total costs
------------------------------------------------------------------------
(PC).........................................     $33.80     $14,857,991
(LTV)........................................      34.20       7,923,618
                                              --------------------------
  Total......................................      33.94      22,781,608
------------------------------------------------------------------------

                                           Table 21--Net Impacts 2010$
----------------------------------------------------------------------------------------------------------------
                                                                                Net costs/ELS
                      3% Discount                          Net impact/veh       Net impact          (in $M)
----------------------------------------------------------------------------------------------------------------
(PC)...................................................            $244.53       $107,493,974               0.79
(LTV)..................................................             203.24         47,087,024               0.94
                                                        --------------------------------------------------------
    Total..............................................             230.28        154,580,998               0.83
----------------------------------------------------------------------------------------------------------------

                                                                                Net costs/ELS
                      7% Discount                          Net impact/veh       Net impact          (in $M)
----------------------------------------------------------------------------------------------------------------
(PC)...................................................            $199.07        $87,508,062               0.92
(LTV)..................................................             153.22         35,499,271               1.15
                                                        --------------------------------------------------------
    Total..............................................             183.25        123,007,333               0.99
----------------------------------------------------------------------------------------------------------------

    The net impact of this proposal to LSVs is also expected to be
positive. The net benefits of the minimum sound requirements for these
vehicles is $662,971 at the 3 percent discount rate and $542,959 at the
7 percent discount rate. Thus, the total net impact of the rule
considering both the MY2016 light vehicle and LSV fleet is positive.
---------------------------------------------------------------------------

    \126\ Scaled benefits and costs for low speed vehicles are
estimated directly proportional to light vehicles based on sales.
Scaled costs include both installation costs for the system and fuel
costs.

                                               Table 22--Costs and Scaled Benefits for LSVs, MY2016 \126\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Scaled
                                            Sales ratio                                       Scaled                          Scaled         benefits
              Discount rate                LSV to light        Sales       Scaled costs      injuries       Scaled ELS       benefits      minus  scaled
                                              vehicle                                        (undisc.)                                         costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
3%......................................           0.37%           2,500         $87,268           10.39          0.1049        $662,971        $575,703
7%......................................           0.37%           2,500          84,845           10.39          0.0859         542,959         458,114
--------------------------------------------------------------------------------------------------------------------------------------------------------

D. Environmental Effects

    The agency has prepared a Draft Environmental Assessment (Draft EA)
to analyze and disclose the potential environmental impacts of a
reasonable range of potential minimum sound requirements for HVs and
EVs, including a preferred alternative. The alternatives the agency
analyzed include a No Action Alterative, under which the agency would
not establish any minimum sound requirements for EVs/HVs, and two
action alternatives. Under Alternative 2, which is the Preferred
Alternative and is equivalent to the agency's proposal, the agency
would require a sound addition at speeds at or below 30 km/h and would
require that covered vehicles produce sound at the stationary but
active operating condition. Under Alternative 3, the agency would
require a minimum sound pressure level of 48 A-weighted dB for speeds
at or below 20 km/h; there would be no sound requirement when the
vehicle is stationary.
    In the Draft EA, NHTSA separately analyzed the projected
environmental impacts of each of the three alternatives in both urban
and non-urban environments because differences in population, vehicle
speeds, and deployment of EVs/HVs in these areas could affect the
potential environmental impacts. National Household Travel Survey data
for 2009 shows that non-urban households account for 31 percent of all
vehicle miles traveled (VMT) but just 14 percent of VMT associated with
trips at an average speed of less than 20 km/h, indicating that these
households spend a much smaller percent of travel time at slow speeds
associated with congested traffic than do households in urban areas.
The Draft EA estimates the direct and indirect impacts of the
alternatives in both urban and non-urban areas by taking into

account the higher percentage of total VMT that takes place in non-
urban areas, the lower percentage of VMT traveled at slow speeds in
non-urban areas, and the lower percentage of EV/HV sales expected in
non-urban areas.
    In the Draft EA, NHTSA estimated the amount of total annual U.S.
passenger vehicle driving time spent in the stationary but active
operating condition, at speeds up to 20 km/h, and at speeds between 20
and 30 km/h. Using forecasts of EV/HV deployment levels in 2035, NHTSA
projected the percentage of total U.S. light duty driving hours that
would be impacted by the standards (e.g., vehicles driven at speeds
that would enable the alert sound). Based on these assumptions, NHTSA
projects that under Alternative 2 (the Preferred Alternative), 2.3
percent of all urban and 0.3 percent of all non-urban light vehicle
travel hours would be affected by the minimum sound requirements in
2035. Under Alternative 3, 0.9 percent of all urban and 0.1 percent of
all non-urban light vehicle travel hours would be affected by the
minimum sound requirements in 2035.
    The agency's analysis also shows that in either urban or non-urban
environments, assuming EV/HV deployment levels of either 10 percent and
20 percent, the agency's Preferred Alternative would have negligible to
minimal effects on overall community noise levels. Under the Preferred
Alternative, in a simulated high-traffic condition, the agency found a
difference in sound level of no greater than 0.3 dB(A), as measured by
a receiver 7.5 meters from a roadway, at all speeds and under all
conditions compared to the No Action Alternative. Even if EVs/HVs were
to reach 50 percent deployment, Alternative 2 is projected to amount to
a maximum difference of 0.9 dB above the sound level under the No
Action Alternative in non-urban environments and 0.7 dB in urban
environments. Because differences in sound pressure of less than 3 dB
are generally not noticeable by humans, the environmental impacts of
this proposal are expected to be negligible. Although sound level
differences are greater for single vehicle pass-by events the
difference would be similar to the existing variation that results from
differences between ICE vehicle models. Thus, although the individual
event may be noticeable, overall the noticeable noise levels in the
case of single-car pass-by are considered to cause only a minor impact.

XI. Regulatory Notices and Analyses

Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563, and DOT Regulatory Policies and Procedures

    The agency has considered the impact of this rulemaking action
under E.O. 12866, E.O. 13563, and the Department of Transportation's
regulatory policies and procedures. This action was reviewed by the
Office of Management and Budget under E.O. 12866. This action is
``significant'' under the Department of Transportation's regulatory
policies and procedures (44 FR 11034; February 26, 1979).
    This action is significant because it is the subject of
congressional interest and because it is a mandate under the PSEA. The
agency has prepared and placed in the docket a PRIA.
    We estimate the total fuel and installation costs of this proposal
to the light EV, HV and LSV fleet to be $23.5M at the 3 percent
discount rate and $22.9M at the 7 percent discount rate. The estimated
total installation cost for hybrid and electric heavy and medium duty
trucks and buses and electric motorcycles is $1.48M meaning that the
total costs for this rule are between $25 and $24.36 million, depending
on the discount rate. We have only calculated the benefits of this
proposal for light EVs, HVs and LSVs because we do not have crash rates
for hybrid and electric heavy and medium duty trucks and buses and
electric motorcycles. We estimate that the impact of this proposal in
pedestrian and pedacyclist injury reduction will be 28.15 equivalent
lives saved at the 3 percent discount rate and 23.06 equivalent lives
saved at the 7 percent discount rate. The benefits of this proposal for
the light EV and HV and LSV fleet are $178.7M at the 3 percent discount
rate and $146.3M at the 7 percent discount rate. Thus, this action is
also significant because it has an annual economic impact greater than
$100 million.

Executive Order 13609: Promoting International Regulatory Cooperation

    The policy statement in section 1 of Executive Order 13609
provides, in part:

    The regulatory approaches taken by foreign governments may
differ from those taken by U.S. regulatory agencies to address
similar issues. In some cases, the differences between the
regulatory approaches of U.S. agencies and those of their foreign
counterparts might not be necessary and might impair the ability of
American businesses to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory
cooperation can identify approaches that are at least as protective
as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.

NHTSA requests public comment on whether (a) ``regulatory approaches
taken by foreign governments'' concerning the subject matter of this
rulemaking and (b) the above policy statement have any implications for
this rulemaking.

National Environmental Policy Act

Concurrently with this NPRM, NHTSA is releasing a Draft EA, pursuant to
the National Environmental Policy Act, 42 U.S.C. 4321-4347, and
implementing regulations issued by the Council on Environmental Quality
(CEQ), 40 CFR part 1500, and NHTSA, 49 CFR part 520. NHTSA prepared the
Draft EA to analyze and disclose the potential environmental impacts of
the proposed minimum sound requirements for HVs and EVs and a range of
alternatives. The Draft EA analyzes direct, indirect, and cumulative
impacts and analyzes impacts in proportion to their significance.
    Because this proposal would increase the amount of sound produced
by a certain segment of the vehicle fleet, the Draft EA considers the
possible impacts of increased ambient noise levels on both urban and
rural environments. The Draft EA also describes potential environmental
impacts to a variety of resources. The resources that may be affected
by the proposed action and alternatives include biological resources,
noise, and environmental justice.
    The agency's analysis in the Draft EA shows that in either urban or
non-urban environments, assuming EV/HV deployment levels of either 10
percent and 20 percent, the agency's Preferred Alternative would have
negligible to minimal effects on overall community noise levels. Even
if EVs/HVs were to reach 50 percent deployment, the agency's Preferred
Alternative is projected to amount to a maximum difference of 0.9 dB
above the sound level under the No Action Alternative in non-urban
environments and 0.7 dB in urban environments. Because differences in
sound pressure of less than 3 dB are generally not noticeable by
humans, the environmental impacts of this proposal are expected to be
negligible.
    For additional information on NHTSA's NEPA analysis, please see the
Draft EA.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. Sec.  601 et
seq., as amended by the Small Business Regulatory Enforcement Fairness
Act (SBREFA) of 1996), whenever an agency is required to publish a
notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' \127\ No regulatory flexibility
analysis is required if the head of an agency certifies the rule will
not have a significant economic impact on a substantial number of small
entities. SBREFA amended the Regulatory Flexibility Act to require
Federal agencies to provide a statement of the factual basis for
certifying that a proposal will not have a significant economic impact
on a substantial number of small entities.
---------------------------------------------------------------------------

    \127\ 13 CFR 121.105(a).
---------------------------------------------------------------------------

    I hereby certify that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
We believe that the rulemaking would not have a significant economic
impact on the small vehicle manufacturers because the systems are not
technically difficult to develop or install and the cost of the systems
($30) is small in proportion to the overall vehicle cost for most small
vehicle manufacturers.
    This proposal would directly affect motor vehicle manufacturers and
final-stage manufacturers. The majority of motor vehicle manufacturers
will not qualify as a small business. There are five manufacturers of
light hybrid and electric vehicles that would be subject to the
requirements of this proposal that are small businesses.\128\
Similarly, there are several manufacturers of low-speed vehicles\129\
and electric motorcycles that are small businesses.
---------------------------------------------------------------------------

    \128\ CODA, Fisker Automotive Inc., Via, Phoenix, and Tesla.
However, it is our view that the manufacturers of electric vehicles
would face little costs due to this rule because they would have
installed alert sounds in their vehicles without this proposed rule.
    \129\ In the low-speed vehicle group there are Columbia ParCar
Corp., Club Car, LLC, Miles Electric Vehicles LLC, STAR Electric Car
Sales, Tomberlin, Wheego Electric Cars, Inc., Wildfire, GTT Electric
and others.
---------------------------------------------------------------------------

    We believe there are very few manufacturers of heavy trucks in the
United States which can be considered small businesses. The agency is
aware that many manufacturers of medium duty trucks are small
businesses. The agency is aware of at least two small manufacturers who
are producing electric trucks with a GVWR over 10,000 lb.\130\ In
addition to the two manufacturers of medium duty electric vehicles
identified by the agency, we believe that there may be other small
manufacturers who are currently producing these vehicles.
---------------------------------------------------------------------------

    \130\ Boulder Electric Vehicle and Smith Electric Vehicles are
producing or have plans to produce electric vehicles with a GVWR
over 10,000 lb.
---------------------------------------------------------------------------

    NHTSA believes there are approximately 37 bus manufacturers in the
United States. Of these, 27 bus manufacturers are large business and 10
are small businesses. Three of these small manufacturers produce
electric buses--E-bus Inc., Enova Systems, and Gillig Corporation.
    Because the PSEA applies to all motor vehicles (except trailers) in
its mandate to reduce quiet vehicle collisions with pedestrians, all of
these small manufacturers that produce hybrid or electric vehicles are
affected by the requirements in today's final rule. However, the
economic impact upon these entities will not be significant for the
following reasons.
    (1) The cost of the systems ($30) is a small proportion of the
overall vehicle cost for even the least expensive electric vehicles.
    (2) This proposal would provide a three year lead-time and would
allow small volume manufacturers the option of waiting until the end of
the phase-in (September 1, 2018) to meet the minimum sound
requirements.

Executive Order 13132 (Federalism)

    NHTSA has examined today's proposed rule pursuant to Executive
Order 13132 (64 FR 43255, August 10, 1999) and concluded that no
additional consultation with States, local governments or their
representatives is mandated beyond the rulemaking process. The agency
has concluded that the rulemaking would not have sufficient federalism
implications to warrant consultation with State and local officials or
the preparation of a federalism summary impact statement. The proposed
rule would 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 the various levels of
government.''
    NHTSA rules can preempt in two ways. First, the National Traffic
and Motor Vehicle Safety Act contains an express preemption provision:
When a motor vehicle safety standard is in effect under this chapter, a
State or a political subdivision of a State may prescribe or continue
in effect a standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard is
identical to the standard prescribed under this chapter. 49 U.S.C.
Sec.  30103(b)(1). It is this statutory command by Congress that
preempts any non-identical State legislative and administrative law
addressing the same aspect of performance.
    The express preemption provision described above is subject to a
savings clause under which ``[c]ompliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from
liability at common law.'' (49 U.S.C. Sec.  30103(e)). Pursuant to this
provision, State common law tort causes of action against motor vehicle
manufacturers that might otherwise be preempted by the express
preemption provision are generally preserved. However, the Supreme
Court has recognized the possibility, in some instances, of implied
preemption of such State common law tort causes of action by virtue of
NHTSA's rules, even if not expressly preempted. This second way that
NHTSA rules can preempt is dependent upon there being an actual
conflict between an FMVSS and the higher standard that would
effectively be imposed on motor vehicle manufacturers if someone
obtained a State common law tort judgment against the manufacturer,
notwithstanding the manufacturer's compliance with the NHTSA standard.
Because most NHTSA standards established by an FMVSS are minimum
standards, a State common law tort cause of action that seeks to impose
a higher standard on motor vehicle manufacturers will generally not be
preempted. However, if and when such a conflict does exist--for
example, when the standard at issue is both a minimum and a maximum
standard--the State common law tort cause of action is impliedly
preempted. See Geier v. American Honda Motor Co., 529 U.S. 861 (2000).
    Pursuant to Executive Order 13132 and 12988, NHTSA has considered
whether this proposed rule could or should preempt State common law
causes of action. The agency's ability to announce its conclusion
regarding the preemptive effect of one of its rules reduces the
likelihood that preemption will be an issue in any subsequent tort
litigation.
    To this end, the agency has examined the nature (e.g., the language
and

structure of the regulatory text) and objectives of today's proposed
rule and finds that this proposed rule, like many NHTSA rules, would
prescribe only a minimum safety standard. As such, NHTSA does not
intend that this proposed rule would preempt state tort law that would
effectively impose a higher standard on motor vehicle manufacturers
than that established by today's proposed rule. Establishment of a
higher standard by means of State tort law would not conflict with the
minimum standard proposed here. Without any conflict, there could not
be any implied preemption of a State common law tort cause of action.

Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729; Feb. 7, 1996), requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) specifies
whether administrative proceedings are to be required before parties
file suit in court; (6) adequately defines key terms; and (7) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. This document is
consistent with that requirement.
    Pursuant to this Order, NHTSA notes as follows. The issue of
preemption is discussed above. NHTSA notes further that there is no
requirement that individuals submit a petition for reconsideration or
pursue other administrative proceedings before they may file suit in
court.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million annually (adjusted for inflation with base year of
1995). Adjusting this amount by the implicit gross domestic product
price deflator for 2010 results in $136 million (110.659/81.536 =
1.36).
    As noted previously, the agency has prepared a detailed economic
assessment in the PRE. We estimate the annual total fuel and
installation costs of this proposal to the light EV, HV and LSV fleet
to be $23.5M at the 3 percent discount rate and $22.9M at the 7 percent
discount rate. The estimated total installation cost for hybrid and
electric heavy and medium duty trucks and buses and electric
motorcycles is $1.48M. Therefore, this proposal is not expected to
result in the expenditure by State, local, or tribal governments, in
the aggregate, or by the private sector, of more than $136M annually.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required
to respond to a collection of information by a Federal agency unless
the collection displays a valid OMB control number. The NPRM contains
reporting requirements so that the agency can determine if
manufacturers comply with the phase in schedule.
    In compliance with the PRA, this notice announces that the
Information Collection Request (ICR) abstracted below has been
forwarded to OMB for review and comment. The ICR describes the nature
of the information collections and their expected burden. This is a
request for new collection.
    Agency: National Highway Traffic Safety Administration (NHTSA).
    Title: 49 CFR Part 575.141, Minimum Sound Requirements for Hybrid
and Electric Vehicles.
    Type of Request: New collection.
    OMB Clearance Number: Not assigned.
    Form Number: The collection of this information will not use any
standard forms.
    Requested Expiration Date of Approval: Three years from the date of
approval.
Summary of the Collection of Information
    This collection would require manufacturers of passenger cars,
multipurpose passenger vehicles, trucks, buses, motorcycles and low
speed vehicles subject to the phase-in schedule to provide motor
vehicle production data for the following three years: September 1,
2015 to August 31, 2016; September 1, 2016 to August 31, 2017; and
September 1, 2017 to August 31, 2018.
Description of the Need for the Information and Use of the Information
    The purpose of the reporting requirements will be to aid NHTSA in
determining whether a manufacturer has complied with the requirements
of Federal Motor Vehicle Safety Standard No. 141, Minimum Sound for
Hybrid and Electric Vehicles, during the phase-in of those
requirements.
Description of the Likely Respondents (Including Estimated Number, and
Proposed Frequency of Response to the Collection of Information)
    The respondents are manufacturers of hybrid and electric passenger
cars, multipurpose passenger vehicles, trucks, buses, motorcycles and
low-speed vehicles. The agency estimates that there are about 73 such
manufacturers. The proposed collection would occur one per year.
Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting From the Collection of Information
    NHTSA estimates that the total annual burden is 146 hours (2 hours
per manufacturer per year).
    Comments are invited on:
     Whether the collection of information is necessary for the
proper performance of the functions of the Department, including
whether the information will have practical utility.
     Whether the Department's estimate for the burden of the
information collection is accurate.
     Ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
    A comment to OMB is most effective if OMB receives it within 30
days of publication. Send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington, DC 20503, Attn: NHTSA Desk Officer. PRA comments are
due within 30 days following publication of this document in the
Federal Register.
    The agency recognizes that the collection of information contained
in today's final rule may be subject to revision in response to public
comments and the OMB review.
    The procedure for the evaluation of vehicle sounds by human
subjects contained in Section VIII.G of this proposal would also
constitute a collection of information for the purposes of the PRA. If
the agency decides to adopt the procedure described in Section VIII.G
in the final rule then agency would submit an ICR to OMB before the
final rule is issued in compliance with the PRA.

Executive Order 13045

    Executive Order 13045 \131\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and (2) concerns an environmental, health or safety risk that NHTSA has
reason to believe may have a disproportionate effect on children. If
the regulatory action meets both criteria, we must evaluate the
environmental health or safety effects of the proposed rule on
children, and explain why the proposed regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by us.
---------------------------------------------------------------------------

    \131\ 62 FR 19885 (Apr. 23, 1997).
---------------------------------------------------------------------------

    This proposed rule would not pose such a risk for children. The
primary effects of this proposal are to ensure that hybrid and electric
vehicles produce enough sound so that pedestrians can detect them. We
expect this rule to reduce the risk of injuries to children and other
pedestrians.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
    Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-based or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus
standards bodies include the American Society for Testing and Materials
(ASTM), the Society of Automotive Engineers (SAE), and the American
National Standards Institute (ANSI). If NHTSA does not use available
and potentially applicable voluntary consensus standards, we are
required by the Act to provide Congress, through OMB, an explanation of
the reasons for not using such standards.
    The agency uses certain parts of voluntary consensus standard SAE
J2889-1, Measurement of Minimum Noise Emitted by Road Vehicles, in the
test procedure contained in this proposal. SAE J2889-1 only contains
measurement procedures and does not contain any minimum performance
requirements. The agency did not use any voluntary consensus standards
for the minimum acoustic requirements contained in this proposal
because no such voluntary consensus standards exist. The agency added
additional test scenarios other than those contained in SAE J2889-1
because those additional test scenarios address aspects of performance
not covered in that standard. As discussed in Section VII.E.1, the
proposal does not include a procedure for indoor testing because of the
limited availability of indoor test facilities and because test
surfaces for indoor testing are not sufficiently specified.

Executive Order 13211

    Executive Order 13211 \132\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. If the regulatory action meets either
criterion, we must evaluate the adverse energy effects of the proposed
rule and explain why the proposed regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by NHTSA.
---------------------------------------------------------------------------

    \132\ 66 FR 28355 (May 18, 2001).
---------------------------------------------------------------------------

    The proposed rule seeks to ensure that hybrid and electric vehicles
are detectable by pedestrians. The average weight gain for a light
vehicle is estimated to be 1.5 pounds (based upon a similar waterproof
speaker used for marine purposes), resulting in 2.3 more gallons of
fuel being used over the lifetime of a passenger car and 2.5 more
gallons of fuel being used over the lifetime of a light truck. When
divided by the life time of the vehicle (26 years for passenger cars
and 36 years for light trucks) the yearly increase in fuel consumption
attributed to this proposed rule would be negligible. Therefore, this
proposed rule would not have a significant adverse effect on the use of
energy. Accordingly, this proposed rulemaking action is not designated
as a significant energy action.

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.

Plain Language

    Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
     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.

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 organization, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.dot.gov/privacy.html.

Public Participation

How do I prepare and submit comments?
    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments. Your comments must not be
more than 15 pages long.\133\ We established this limit to encourage
you to write your primary comments in a concise fashion. However, you
may attach necessary additional documents to your comments. There is no
limit on the length of the attachments.
---------------------------------------------------------------------------

    \133\ See 49 CFR Sec.  553.21.
---------------------------------------------------------------------------

    Please submit your comments by any of the following methods:

     Federal eRulemaking Portal: go to http://www.regulations.gov. Follow the instructions for submitting comments on
the electronic docket site by clicking on ``Help'' or ``FAQ.''
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern
Time, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    If you are submitting comments electronically as a PDF (Adobe)
file, we ask that the documents submitted be scanned using Optical
Character Recognition (OCR) process, thus allowing the agency to search
and copy certain portions of your submissions.\134\
---------------------------------------------------------------------------

    \134\ Optical character recognition (OCR) is the process of
converting an image of text, such as a scanned paper document or
electronic fax file, into computer-editable text.
---------------------------------------------------------------------------

    Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's
guidelines may be accessed at http://dmses.dot.gov/submit/DataQualityGuidelines.pdf.
How can I be sure that my comments were received?
    If you submit your comments by mail and wish Docket Management to
notify you upon its receipt of your comments, enclose a self-addressed,
stamped postcard in the envelope containing your comments. Upon
receiving your comments, Docket Management will return the postcard by
mail.
How do I submit acoustic recordings?
    If you wish to submit acoustic recordings along with your comments
please sent the recordings to NHTSA at the address given above under
FOR FURTHER INFORMATION CONTACT. If you wish to request confidential
treatment of the records please follow the instructions listed below.
    In order to be of use to the agency, NHTSA is requesting that any
recordings submitted to the agency be 16-bit with a sampling frequency
of 44.1 kHz or better and made with a stationary binaural head facing
perpendicular to the vehicle's trajectory. As well as any recording
made using a binaural head, it would be useful to the agency, if
possible, for recordings submitted to include a recording from a
monaural microphone made according to SAE J2889-1. The agency requests
that a Calibration Tone be included in each set of recordings. The
agency also requests that the level and frequency of the Calibration
Tone be indicated, e.g. 94 dB at 1000 Hz.
    In order to be of use in the agency's analysis, we request that
idle recordings be at least 30 seconds long and preferably 60 seconds
long. Constant speed pass-by recordings should include at least 15
seconds of approach towards the microphone and at least 5 seconds
departing from the microphone. Ideally the recording will start before
the vehicle is audible. We are requesting the recording of time after
departure so that we have additional data for analysis of tone-to-noise
ratio, Doppler shifts, and Head-Related Transfer Function (HRTF)
effects, but do not need recordings up until the point at which the
vehicle is no longer audible. The agency requests that commenters
identify the distance of vehicle from microphone at start of recording
as well as the distance between the microphone and the vehicle center
line. The agency requests that commenters identify the operating
scenario of the vehicle when the recording was made.
    In order to help us with our analysis, we request that commenters
submit information about the make, model and year of the vehicle being
recorded along with the recording. We also request that commenters
identify whether the recording is of an ICE vehicle or an EV/HV
equipped with an alert sound. The agency requests that commenters
submit the minimum A-weighted level and maximum A-weighted level while
using a fast (125 ms exponential) time weighting of the sound produced
by the vehicle along with the recording.
    In order to assist the agency in analyzing recordings submitted in
response to the NPRM we request that commenters inform the agency
whether the recording was conducted on an ISO noise pad, in a semi-
anechoic chamber or on a test bench. For outdoor testing it would be
useful for commenters to provide measurements of the air and pavement
temperature, and wind speed at the time of the recording as well as
photographs of the test site if available. For more information about
how the agency collected data for its research please see Chapter
4.1.5, Data Collection Protocol, in the agency's Phase I research
report.
How do I submit confidential business information?
    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. When you send a comment
containing information claimed to be confidential business information,
you should include a cover letter setting forth the information
specified in our confidential business information regulation.\135\
---------------------------------------------------------------------------

    \135\ See 49 CFR Sec.  512.
---------------------------------------------------------------------------

    In addition, you should submit a copy, from which you have deleted
the claimed confidential business information, to the Docket by one of
the methods set forth above.
Will the agency consider late comments?
    We will consider all comments received before the close of business
on the comment closing date indicated above under DATES. To the extent
possible, we will also consider comments received after that date.
Therefore, if interested persons believe that any new information the
agency places in the docket affects their comments, they may submit
comments after the closing date concerning how the agency should
consider that information for the final rule.
    If a comment is received too late for us to consider 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 materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the Docket Management Facility by going to the
street address given above under ADDRESSES. The Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through
Friday, except Federal holidays.

List of Subjects

49 CFR Part 571

    Motor vehicle safety, Reporting and recordkeeping requirements,
Tires.

49 CFR Part 585

    Motor vehicle safety, Reporting and recordkeeping requirements.

Proposed Regulatory Text

    For reasons discussed in the preamble, NHTSA proposes to amend 49
CFR part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
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 1.95.

0
2. In Sec.  571.5, paragraphs (i)(2) and (l)(50) are added to read as
follows:

Sec.  571.5  Matter incorporated by reference.

* * * * *
    (i) * * *
    (2) ISO 10844:2011 ``Acoustics--Test Surface for Road Vehicle Noise
Measurements,'' into Sec.  571.141.
* * * * *
    (l) * * *
    (50) SAE Standard J2889-1 SEP2011, ``Measurement of Minimum Noise
Emitted by Road Vehicles,'' the following sections only into Sec.
571.141: S4, Table 1, S5.1, S5.3, S6.1.1, S6.4, S6.5, S7.1.
* * * * *
0
3. Section 571.141 is added to read as follows:

Sec.  571.141  Standard No. 141; Minimum Sound Requirements for Hybrid
and Electric Vehicles.

    S1. Scope. This standard establishes performance for pedestrian
alert sounds from motor vehicles.
    S2. Purpose. The purpose of this standard is to reduce the number
of deaths and injuries that result from electric and hybrid vehicles
crashes with pedestrians by providing a sound level and sound
characteristics necessary for these vehicles to be detected and
recognized by pedestrians.
    S3. Application. This standard applies to--
    (a) Electric vehicle passenger cars, multipurpose passenger
vehicles, trucks, buses, motorcycles, and low-speed vehicles;
    (b) Passenger cars, multi-purpose passenger vehicles, trucks,
buses, and low-speed vehicles with more than one means of propulsion
for which the vehicle's propulsion system can propel the vehicle in the
normal travel mode in reverse and at least one forward drive gear
without the internal combustion engine operating and;
    (c) Motorcycles with more than one means of propulsion for which
the vehicle's propulsion system can propel the vehicle in the normal
travel mode in at least one forward drive gear without the internal
combustion engine operating.
    S4. Definitions.
    Broadband content means a measureable acoustic signal (greater than
0 A-weighted dB) at all frequencies within a one-third octave band.
    Electric vehicle means a motor vehicle with an electric motor as
its sole means of propulsion.
    Front plane of the vehicle means a vertical plane tangent to the
leading edge of the vehicle during forward operation.
    Fundamental frequency means, for purposes of this regulation, the
lowest frequency of a valid measurement taken in S7.
    Rear plane means a vertical plane tangent to the leading edge of
the vehicle when the vehicle is in a condition in which it is capable
of reverse self-mobility.
    S5. Requirements. Subject to the phase-in set forth in S9 of this
standard, each vehicle must meet the requirements specified in S5 under
the test conditions specified in S6 and the test procedures specified
in S7 of this standard.
    S5.1 Performance Requirements for critical operating scenarios. The
vehicle must satisfy the requirements of this section when tested under
the test conditions of S6 and the test procedures of S7.
    S5.1.1 Start up and stationary but activated. When measured
according to the test conditions of S6 and the test procedure of S7.2,
the vehicle must, within 500msec of activation of its starting system,
emit a sound having at least the A-weighted sound pressure level in
each of the one-third octave bands according to Table 1. The vehicle
must also emit a sound meeting these requirements whenever moving at
less than 10 km/h.
    (a) Directivity. When measured according to the test conditions of
S6 and test procedure of S7.2, the sound measured at the microphone on
the line CC' must have at least the A-weighted sound pressure level in
each of the one-third octave bands according to Table 1.

   Table 1--One-Third Octave Band Min. SPL Requirements for Sound When
                        Stationary But Activated
------------------------------------------------------------------------
                                                            Min SPL, A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              42
400.....................................................              43
500.....................................................              43
2000....................................................              42
2500....................................................              39
3150....................................................              37
4000....................................................              34
5000....................................................              31
------------------------------------------------------------------------

    S5.1.2 Backing. For vehicles capable of rearward self-propulsion,
whenever the vehicle's gear selection control is in the reverse
position, the vehicle must emit a sound having at least the A-weighted
sound pressure level in each of the one-third octave bands according to
Table 2 as measured according to the test conditions of S6 and the test
procedure of S7.3.

  Table 2--One-Third Octave Band Min. SPL Requirements for Sound while
                                 Backing
------------------------------------------------------------------------
                                                            Min SPL, A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              45
400.....................................................              46
500.....................................................              46
2000....................................................              45
2500....................................................              42
3150....................................................              40
4000....................................................              36
5000....................................................              34
------------------------------------------------------------------------

    S5.1.3 Constant 10 km/h pass by. When tested under the conditions
of S6 and the procedures of S7.4, the vehicle must emit a sound having
at least the A-weighted sound pressure level in each of the one-third
octave bands according to Table 3 at any speed greater than or equal to
10 km/h, but less than 20 km/h.
    S<IP_ADDRESS> If after a vehicle to which this standard applies
according to paragraph S3(b) or S3(c) is tested in accordance with
paragraphs S7.4, for ten consecutive times without recording a valid
measurement because the vehicle's ICE remains active for the entire
duration of the test, the vehicle is not required to meet the
requirements in S5.1.3.

Table 3--One-Third Octave Band Min. SPL Requirements for 10 km/h Pass-by
------------------------------------------------------------------------
                                                            Min SPL, A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              48
400.....................................................              49

500.....................................................              49
2000....................................................              48
2500....................................................              45
3150....................................................              43
4000....................................................              39
5000....................................................              37
------------------------------------------------------------------------

    S5.1.4 Constant 20km/h pass by. When tested under the conditions of
S6 and the procedures of S7.5, the vehicle must emit a sound having at
least the A-weighted sound pressure level in each of the one-third
octave bands according to Table 4 at any speed greater than or equal to
20 km/h but less than 30 km/h.
    S<IP_ADDRESS> If after a vehicle to which this standard applies
according to paragraph S3(b) or S3(c) is tested in accordance with
paragraphs S7.5, for ten consecutive times without recording a valid
measurement because the vehicle's ICE remains active for the entire
duration of the test, the vehicle is not required to meet the
requirements in S5.1.4.

Table 4--One-Third Octave Band Min. SPL Requirements for 20 km/h Pass-by
------------------------------------------------------------------------
                                                            Min SPL, A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              54
400.....................................................              55
500.....................................................              56
2000....................................................              54
2500....................................................              51
3150....................................................              49
4000....................................................              46
5000....................................................              43
------------------------------------------------------------------------

    S5.1.5 Constant 30km/h pass by. When tested under the conditions of
S6 and the procedures of S7.6, the vehicle must emit a sound having at
least the A-weighted sound pressure level in each of the one-third
octave bands according to Table 5 at 30 km/h.
    S<IP_ADDRESS> If after a vehicle to which this standard applies
according to paragraph S3(b) or S3(c) is tested in accordance with
paragraphs S7.6, for ten consecutive times without recording a valid
measurement because the vehicle's ICE remains active for the entire
duration of the test, the vehicle is not required to meet the
requirements in S5.1.5.

Table 5--One-Third Octave Band Min. SPL Requirements for 30 km/h Pass-by
------------------------------------------------------------------------
                                                            Min SPL, A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              59
400.....................................................              59
500.....................................................              60
2000....................................................              58
2500....................................................              56
3150....................................................              53
4000....................................................              50
5000....................................................              48
------------------------------------------------------------------------

    S5.1.6 Pitch shifting to signify acceleration and deceleration. The
fundamental frequency of the sound emitted by the vehicle must vary
with speed by at least one percent per km/h between 0 and 30 km/h.
    S5.2 Performance requirements for recognition as a motor vehicle.
    S5.2.1 The sound emitted by the vehicle to meet the requirements in
S5.1.1 must contain at least one tone. A component is defined as a tone
if the total sound level in a critical band centered about the tone is
6 dB greater than the noise level in the band.
    S5.2.2. The sound emitted by the vehicle to meet the requirements
in S5.1.1 must have at least one tone no higher than 400 Hz.
    S5.2.3 The sound emitted by the vehicle to meet the requirements in
S5.1.1 must have broadband content in each one-third octave band from
160 Hz to 5000 Hz.
    S5.3 Any two vehicles of the same make, model, and model year (as
those terms are defined at 49 CFR 565.12) must emit the same sound as
measured by the test required in S5.1.1 within 3 A-weighted dB in each
one-third octave band from 160 Hz to 5000 Hz
    S6. Test Conditions.
    S6.1 Weather conditions. The ambient conditions required by this
section must be met at all times during the tests described in S7.
Conditions must be measured with the accuracy required in S6.3.3 at the
microphone height required in S6.4 +/- 2.54 cm.
    S6.1.1 The ambient temperature will be between 5 [deg]C (41 [deg]F)
and 40 [deg]C (104 [deg]F).
    S6.1.2 The maximum wind speed at the microphone height is no
greater than 5 m/s (11 mph), including gusts.
    S6.1.3 No precipitation and the test surface is dry.
    S6.1.4 Background noise level. The background noise level must be
measured and reported as in S6.4 of SAEJ2889-1 (incorporated by
reference, see Sec.  571.5).
    S6.2 Test surface. Test surface shall meet the requirements of ISO
10844:2011 (incorporated by reference, see Sec.  571.5).
    S6.3 Instrumentation.
    S6.3.1 Acoustical measurement. Instruments for acoustical
measurement must meet the requirements of S5.1 of SAE J2889-1
(incorporated by reference, see Sec.  571.5).
    S6.3.2 Vehicle speed measurement. Instruments used to measure
vehicle speed during S7.4 and S7.5 of this standard must be capable of
continuous measurement within  1.0 km/h over the entire
test distance in S7.4 and S7.5.
    S6.3.3 Meteorological instrumentation. Instruments used to measure
ambient conditions at the test site must meet the requirements of S5.3
of SAE J2889-1 (incorporated by reference, see Sec.  571.5).
    S6.4 Test site. The test site must be established per the
requirements of S6.1.1 of SAE J2889-1 (incorporated by reference, see
Sec.  571.5), including Figure 1, ``Test Site Dimensions'' with the
definitions of the abbreviations in Figure 1 as given in Table 1, S4 of
SAE J2889-1 (incorporated by reference, see Sec.  571.5). Microphone
positions must meet the requirements of S7.1 of SAE J2889-1
(incorporated by reference, see Sec.  571.5).
    S6.5 Test set up for directivity measurement must be as per S6.4
with the addition of one microphone meeting the requirements of S6.3.1
placed on the line CC', 2m forward of the line PP' at a height of 1.2m
above ground level.
    S6.6 Vehicle condition
    (a) Tires will be fitted and pressurized per the vehicle's tire
placard. Tire tread will be free of all debris. Tires will be
conditioned according to the following procedure:
    (1) Drive the test vehicle around a circle 30 meters (100 feet) in
diameter at a speed that produces a lateral acceleration of
approximately 0.5 to 0.6 g for three clockwise laps, followed by three
counterclockwise laps.
    (b) The vehicle's doors are shut and locked and windows are shut.
    (c) All accessory equipment (air conditioner, wipers, heat, HVAC
fan, audio/video systems, etc.) will be off. Propulsion battery cooling
fans and pumps and other components of the vehicle's propulsion battery
thermal management system are not considered accessory equipment.
    (d) Test weight of the vehicle will be the curb weight (as defined
in 571.3) plus 125 kilograms. Equipment, driver and ballast should be
evenly distributed between the left and right side of the vehicle. Do
not exceed the GVWR or GAWRs of the vehicle.
    (e) Vehicle's electric propulsion batteries, if any, are fully
charged.

    S6.7 Ambient correction
    S6.7.1 Measure the background noise for at least 30 seconds before
and after a series of vehicle tests.
    S6.7.2 A 10-second sample taken from these measurements will be
used to calculate the reported background noise.
    S6.7.3 The 10-second sample selected will include background levels
that are representative of the background levels that will occur during
the vehicle measurement.
    S6.7.4 The minimum A-weighted SPL in the selected 10-second sample
as the overall background noise level, Lbgn will be
reported. The average A-weighted SPL in the same 10-second sample will
also be noted.
    S6.7.5 The minimum A-weighted \1/3\ octave band levels (OBLs) (per
ANSI S1.11, Class 1) in the selected 10-second sample will be reported
as the \1/3\ octave band background noise level, OBLbgn, fc.
The average A-weighted \1/3\ octave band level in the same 10-second
sample for each \1/3\ octave band will also be noted.
    S6.7.6 each \1/3\ octave band of the measured jth test result
within a test condition OBLtest,j,fc, will be corrected
according to Table 6 to obtain the noise-corrected level
OBLtestcorr, j, fc which is the OBLtest, j, fc
minus the correction factor, Lcorr.

                                    Table 6--Corrections for Background Noise
----------------------------------------------------------------------------------------------------------------
                                                                \1/3\ Octave band level
                                         * Peak-to-Peak \1/3\   of jth test result, ith
    \1/3\ Octave band noise level       octave band background   frequency, minus \1/3\
              OBLbgn,fc                noise level OBLbgn,fc,p- octave band noise level      Correction Lcorr
                                                  p              DL = OBLtest,j,fc-OBL
                                                                         bgn,fc
----------------------------------------------------------------------------------------------------------------
>= 25 dB(A)..........................  **.....................  > 10 dB................  0 dB.
                                       < 8 dB.................  > 8-10 dB..............  0.5 dB.
                                                                > 6-8 dB...............  1.0 dB.
                                       < 6 dB.................  > 4.5-6 dB.............  1.5 dB.
                                                                > 3-4.5 dB.............  2.5 dB.
                                                                <= 3 dB................  Do not correct, but
                                                                                report OBLtestcorr,j <
                                                                                OBLtestj.
< 25 dB(A)...........................                           <=10 dB................  Do not correct, but
                                                                                report: OBLtestcorr,j
                                                                                < OBLtestj.
                                       **.....................  > 10 dB................  0 dB.
----------------------------------------------------------------------------------------------------------------
* Ensure that maximum allowable peak-to-peak variation occurs in not more than one measurement for each
  operation during the portion of the measurement that will be reported, e.g. within the second prior to pass-by
  or during an entire active but stationary measurement.
** Ensure that the background level is at least 10 dB below the measurement during any portion of the
  measurement that will be reported, e.g. within the second prior to pass-by or during an entire active but
  stationary measurement.

    S7. Test Procedure.
    S7.1 Vehicle stationary but activated
    S7.1.1 Position the vehicle stationary with the front plane at the
line PP', the centerline on the line CC' and the starting system
deactivated.
    For vehicles equipped with a Park position, place the vehicle's
gear selection control in ``Park''. For vehicles not equipped with a
Park position, place the vehicle's gear selection control in
``Neutral'' and engage the parking brake. Activate the starting system
to energize the vehicle's starting system.
    S7.1.2. The vehicle minimum sound pressure level shall be measured
per S<IP_ADDRESS> and S7.4.1 of SAE J2889-1 (incorporated by reference, see
Sec.  571.5) and corrected for the ambient sound level in each \1/3\
octave band according to the procedure in S6.7 and the correction
criteria given in Table 6.
    S<IP_ADDRESS> Four consecutive valid measurements must be within 2 A-
weighted dB Measurements that contain sounds emitted by any component
of a vehicle's battery thermal management system are not considered
valid. When testing a hybrid vehicle with an internal combustion engine
that runs intermittently, measurements that contain sounds emitted by
the ICE are not considered valid.
    S7.2 Backing. Test the vehicle per S7.1, except that the rear plane
of the vehicle is placed on line PP'.
    S7.3 Pass-By test at 10km/h
    (a) Measure the sound emitted by the vehicle at a constant 10 km/h
(+/- 1 km/h) throughout the measurement zone specified in S6.4 between
lines AA' and PP'. The test result shall be the lowest value (average
of the two microphones) of the four valid pass-bys. The test result
shall be reported to the first significant digit after the decimal
place.
    (b) Four consecutive valid measurements must be within 2 A-weighted
dB. Measurements that contain sounds emitted by any component of a
vehicle's battery thermal management system are not considered valid.
When testing a hybrid vehicle with an ICE that runs intermittently,
measurements that contain sounds emitted by the ICE are not considered
valid. The test result shall be corrected for the ambient sound level
in each \1/3\ octave band according to the procedure in S6.7 and the
correction criteria given in Table 6 and reported to the first
significant digit after the decimal place.
    S7.4 Pass by test at 20 km/h. Repeat the test of S7.3 at 20 km/h.
    S7.5 Pass by test at 30 km/h. Repeat the test of S7.3 at 30 km/h.
    S8 Prohibition on altering the sound of a vehicle subject to this
standard. No entity subject to the authority of the National Highway
Traffic Safety Administration may:
    (a) disable, alter, replace or modify any element of a vehicle
installed as original equipment for purposes of complying with this
Standard, except in connection with a repair of a vehicle malfunction
related to its sound emission or to remedy a defect or non-compliance
with this standard; or
    (b) provide any person with any mechanism, equipment, process or
device intended to disable, alter, replace or modify the sound emitting
capability of a vehicle subject to this standard, except in connection
with a repair of vehicle malfunction related to its sound emission or
to remedy a defect or non-compliance with this standard.
    S9 Phase-in schedule
    S9.1 Vehicles manufactured on or after September 1, 2015, and
before September 1, 2016. For vehicles manufactured on or after
September 1, 2015, and before September 1, 2016 the number of vehicles
complying with this standard must not be less than 30 percent of:
    (a) The manufacturer's average annual production of vehicles
manufactured on or after September 1, 2012, and before September 1,
2015; or

    (b) The manufacturer's production on or after September 1, 2015,
and before September 1, 2016.
    S9.2 Vehicles manufactured on or after September 1, 2016, and
before September 1, 2017. For vehicles manufactured on or after
September 1, 2016, and before September 1, 2017, the number of vehicles
complying with this standard must not be less than 60 percent of:
    (a) The manufacturer's average annual production of vehicles
manufactured on or after September 1, 2013, and before September 1,
2016; or
    (b) The manufacturer's production on or after September 1, 2016,
and before September 1, 2017.
    S9.3 Vehicles manufactured on or after September 1, 2017, and
before September 1, 2018. For vehicles manufactured on or after
September 1, 2017, and before September 1, 2018, the number of vehicles
complying with this standard must not be less than 90 percent of:
    (a) The manufacturer's average annual production of vehicles
manufactured on or after September 1, 2014, and before September 1,
2017; or
    (b) The manufacturer's production on or after September 1, 2017,
and before September 1, 2018.
    S9.4 Vehicles manufactured on or after September 1, 2018. All
vehicles manufactured on or after September 1, 2018 must comply with
this standard.
    S9.5 Vehicles produced by more than one manufacturer.
    S9.5.1 For the purpose of calculating average annual production of
vehicles for each manufacturer and the number of vehicles manufactured
by each manufacturer under S9.1 through S9.3, a vehicle produced by
more than one manufacturer must be attributed to a single manufacturer
as follows, subject to S9.6.2:
    (a) A vehicle that is imported must be attributed to the importer.
    (b) A vehicle manufactured in the United States by more than one
manufacturer, one of which also markets the vehicle, must be attributed
to the manufacturer that markets the vehicle.
    S9.5.2 A vehicle produced by more than one manufacturer must be
attributed to any one of the vehicle's manufacturers specified by an
express written contract, reported to the National Highway Traffic
Safety Administration under 49 CFR Part 585, between the manufacturer
so specified and the manufacturer to which the vehicle would otherwise
be attributed under S9.6.1.
    S9.6 Small volume manufacturers.
    Vehicles manufactured during any of the three years of the
September 1, 2015 through August 31, 2018 phase-in by a manufacturer
that produces fewer than 5,000 vehicles for sale in the United States
during that year are not subject to the requirements of S9.1, S9.2,S9.3
and S9.5.
    S9.7 Final-stage manufacturers and alterers. Vehicles that are
manufactured in two or more stages or that are altered (within the
meaning of 49 CFR 567.7) after having previously been certified in
accordance with Part 567 of this chapter are not subject to the
requirements of S9.1 through S9.5. Instead, all vehicles produced by
these manufacturers on or after September 1, 2018 must comply with this
standard.

PART 585--PHASE-IN REPORTING REQUIREMENTS

0
4. The authority citation for part 585 is revised to read as follows:

    Authority:  49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.95.

0
5. Add subpart N to read as follows:
Subpart N-- Minimum Sound Requirements for Hybrid and Electric Vehicles
Reporting Requirements
Sec.
585.128 Scope.
585.129 Purpose.
585.130 Applicability.
585.131 Definitions.
585.132 Response to inquiries.
585.133 Reporting requirements.
585.134 Records.

Subpart N--Minimum Sound Requirements for Hybrid and Electric
Vehicles Reporting Requirements

Sec.  585.128  Scope.

    This subpart establishes requirements for manufacturers of hybrid
and electric passenger cars, trucks, buses, multipurpose passenger
vehicles, low-speed vehicles, and motorcycles to submit a report, and
maintain records related to the report, concerning the number of such
vehicles that meet minimum sound requirements of Standard No. 141,
Minimum Sound Requirements for Hybrid and Electric Vehicles (49 CFR
571.141).

Sec.  585.129  Purpose.

    The purpose of these reporting requirements is to assist the
National Highway Traffic Safety Administration in determining whether a
manufacturer has complied with the minimum sound requirements of
Standard No. 141, Minimum Sound for Hybrid and Electric Vehicles (49
CFR 571.141).

Sec.  585.130  Applicability.

    This subpart applies to manufacturers of hybrid and electric
passenger cars, trucks, buses, multipurpose passenger vehicles, low-
speed vehicles, and motorcycles.

Sec.  585.131  Definitions.

    (a) All terms defined in 49 U.S.C. 30102 are used in their
statutory meaning.
    (b) Bus, gross vehicle weight rating or GVWR, low-speed vehicle,
multipurpose passenger vehicle, passenger car, truck, and motorcycle
are used as defined in Sec.  571.3 of this chapter.
    (c) Production year means the 12-month period between September 1
of one year and August 31 of the following year, inclusive.
    (d) Electric Vehicle is used as defined in Sec.  571.141 of this
chapter.

Sec.  585.132  Response to inquiries.

    At any time during the production years ending August 31, 2016,
August 31, 2017, and August 31, 2018 each manufacturer shall, upon
request from the Office of Vehicle Safety Compliance, provide
information identifying the vehicles (by make, model and vehicle
identification number) that have been certified as complying with the
requirements of Standard No. 141, Minimum Sound Requirements for Hybrid
and Electric Vehicles (49 CFR 571.141). The manufacturer's designation
of a vehicle as a certified vehicle is irrevocable.

Sec.  585.133  Reporting requirements.

    (a) Phase-in reporting requirements. Within 60 days after the end
of each of the production years ending August 31, 2016, August 31,
2017, and August 31, 2018, each manufacturer shall submit a report to
the National Highway Traffic Safety Administration concerning its
compliance with the requirements of Standard No. 141 Minimum Sound
Requirements for Hybrid and Electric Vehicles (49 CFR 571.141) for its
vehicles produced in that year. Each report shall provide the
information specified in paragraph (d) of this section and in Sec.
585.2 of this part.
    (b) Phase-in report content--(1) Basis for phase-in production
goals. Each manufacturer shall provide the number of vehicles
manufactured in the current production year, or, at the manufacturer's
option, in each of the three previous production years. A manufacturer
that is, for the first time, manufacturing vehicles for sale in the
United States must report the number of vehicles manufactured during
the current production year.
    (2) Production of complying vehicles. Each manufacturer shall
report for the

production year being reported on, and each preceding production year,
to the extent that vehicles produced during the preceding years are
treated under Standard No. 141 as having been produced during the
production year being reported on, information on the number of
vehicles that meet the requirements of Standard No. 141, Minimum Sound
Requirements for Hybrid and Electric Vehicles (49 CFR 571.141).

Sec.  585.134  Records.

    Each manufacturer shall maintain records of the Vehicle
Identification Number for each vehicle for which information is
reported under Sec.  585.133 until December 31, 2023.

    Note:  The following appendices will not appear in the Code of
Federal Regulations.

Appendix A--Glossary of Sound Engineering Terms

    Acoustic Pressure: A pressure variation about a medium's mean
pressure caused by a sound wave.
    Acoustic Wave: A wave that propagates acoustic pressure through
a medium, such as air.
    Ambient (also called ambient noise or background noise):
Relating to the immediate environment or surroundings. Generally
refers to unwanted sounds. In an acoustic measurement, after the
main sound being studied is suppressed or removed, this is the
remaining sum of sounds taken from the environment of the
measurement.
    Amplitude: The value of the sound pressure at any instant.
    Amplitude Modulation: When the amplitude of a sound changes as a
function of time.
    Attenuation: A decrease in the intensity of a sound.
    Auditory Filter: A measure of the auditory systems frequency
selectivity. An auditory filter is a band pass filter that closely
approximates the shape of a rounded exponential filter or, to a
lesser degree, a one-third octave band filter.
    Auditory Flutter/Flicker: Auditory sensation produced when a
continuous sound is disturbed at a slow, intermittent rate.
    Auditory Fusion: Series of short successive sounds that are
perceived as one continuous sound.
    A-weighting: A filter that attenuates low and high frequencies
and amplifies some mid-range frequencies. The A-weighting curve
approximates the equal loudness contour at 40 dB.
    Bandwidth: Range of frequencies. For example, a speaker may have
an effective bandwidth from 150 to 5000 Hz. Alternatively, it is the
minimum frequency subtracted from the maximum frequency. For the
above example, this would be 5000--150 or 4850 Hz.
    Band-Pass Filter: A type of filter that only allows a specific
range of frequencies to pass through while attenuating all other
frequencies. For example, a one-third octave band filter centered at
1000 Hz would pass sounds with frequencies from about 890 to 1120 Hz
while attenuating frequencies outside this range.
    Band Pressure Level: The pressure level of a sound wholly
contained within a particular frequency band.
    Band-Stop Filter: A type of filter that attenuates a particular
range of frequencies while allowing frequencies outside the band to
pass through.
    Basilar Membrane: A membrane inside the cochlea that supports
the organ of corti and vibrates as a response to sound.
    Broadband: Signal with a spectrum that covers a broad range of
frequencies.
    Broadband levels: Levels regarding signal quantities that cover
a wide range of frequencies.
    Cochlea: A small snail shell-shaped tube within the inner ear
that houses the receptor organs responsible for converting
mechanical vibration into electro-chemical signals for the brain to
process.
    Condenser: Type of microphone that uses acoustic pressure to
change the distance between two plates of a capacitor. The changing
distance between the two plates causes the voltage across the
capacitor to change.
    Consonant: Auditory experience where sounds are harmonic.
    Dichotic: Event in which sounds heard by both ears are
different.
    Diffraction: The bending of waves as they travel around an
object or across an impedance change.
    Digital Recorder: A device that converts acoustic waves into
electric signals and stores them in its memory to be replayed back.
    Dipole: Usually constructed with two monopoles with equal but
opposing strengths.
    Directivity: The relative proportions of acoustical energy that
are emitted from a source as a function of direction, typically
expressed in polar coordinates.
    Dissonant: An auditory experience where sounds are in-harmonic,
usually referred to as noise.
    Divergence: The physical spreading of the sound waves over an
area. Divergence attenuates a sound as a function of distance. See
also ``Line Source'' and ``Point Source''.
    Decibel (dB): Ten times the logarithmic ratio of a physical
quantity to a reference value. For example,

Sound Pressure Level = 10 log10(P2/
Pref2)

where P is the acoustic pressure and Pref is equal to 20
[ballot]Pa for air.
    Doppler Effect: Change in the frequency of a sound wave due to
the relative velocity between the source and the observer. As the
sound source approaches the observer, the frequency is perceived to
be higher and as it moves away it is perceived to be lower.
    Dull: A semitone less than the natural pitch of a given tone.
Sound composed of a greater proportion of low frequencies.
    Dynamic Microphone: Type of microphone that uses a small metal
coil positioned to be within a particular magnetic field attached to
a diaphragm. Acoustic pressure causes the diaphragm to move the coil
through the magnetic field and a current is generated.
    Equivalent Rectangular Bandwidth (ERB): An idealized rectangular
filter with a bandwidth defined such that it passes the same energy
as an associated auditory filter. A set of contiguous ERB filters
can be used to represent the frequency scale in a psychoacoustic
sense. For example, an auditory filter centered at 1000 Hz has an
equivalent rectangular bandwidth of 132 Hz and it takes 15.6
contiguous equivalent rectangular bandwidths to cover the auditory
range below 1000 Hz. An auditory filter centered at 4000 Hz has an
equivalent rectangular bandwidth of 456 Hz and it takes 27.1
contiguous equivalent rectangular bandwidths to cover the auditory
range below 4000 Hz.
    Equal Loudness Contour: A contour of levels (y-axis) versus
frequency (x-axis) such that tones of different frequency and
different level are judged to be equally loud.
    Equal Loudness Principle: Mid-range frequencies (approx. 320--
5120 Hz) are perceived with greater intensity than lower (20 to 320
Hz) or higher frequencies (5000 to 20,000 Hz).
    Filter: A system that selectively passes some elements and
attenuates others as a function of frequency.
    Flat Response: A flat frequency-response curve, i.e. a response
that does not change with frequency, sometimes referred to as Z or
un-weighted.
    Free Field: A sound field without boundaries such that sound is
not reflected or scattered.
    Frequency: Number of times a particle in a medium contracts and
expands (cycles) per unit of time. Typically expressed in Hertz
(Hz); one cycle per second is equal to 1 Hz. Humans can detect sound
waves with a wide range of frequencies, nominally ranging between 20
to 20,000 Hz.
    Frequency Response: The response of a system to an input as a
function of frequency. The response can be characterized by
including both the magnitude as a function of frequency and the
phase as a function of frequency. The magnitude describes the
amplitude of the output relative to the input while the phase
describes the time delay between the input and output of the system.
    Frequency Modulation: Changing frequency as a function of time.
    Fundamental Frequency: The lowest frequency of a waveform.
    Hair Cells: Sensory receptors found in the organ or corti on the
basilar membrane in the cochlea that have hair-like structures
(stereocilia). Hair cells transform sound waves into nerve impulses.
    Half-power Point: Frequency at which the power output of an
amplifier reduces to half of its mid-band level.
    Harmonics: Components of a sound that are integer multiples of a
fundamental frequency in the sound.
    Harmonic Distortion: The ratio (normally expressed as a
percentage) of the sum of the acoustic power of all of the harmonics
generated by the device under test to the power of the fundamental,
pure tone being produced. Harmonic distortion increases rapidly as a
device is driven close to its maximum output capability or when a
speaker is driven at frequencies outside its intended range.

    Head-Related-Transfer-Function (HRTF): Essentially a frequency
response that is also a function of angle. It accounts for how a
sound changes to an observer due to the relative position of the
source and the head, pinna, and torso of the observer.
    Hertz (Hz): The unit associated with frequency. One cycle per
second equals one Hertz.
    In-harmonic: A frequency component that is not an integer
multiple of another frequency.
    Inner Ear: The innermost portion of the ear located behind the
middle ear. It contains the cochlea and the vestibular system.
    Line Source: A sound source that geometrically forms a line.
Line sources attenuate at 3 dB per distance doubling perpendicular
to the source. One example is roadway noise; another is a stack of
speakers at a concert.
    Longitudinal waves: Waves moving in the same direction as it is
being propagated.
    Loud: Producing much noise, being easily audible.
    Loudness: Attribute of an auditory sensation that humans can use
to judge sound intensity. Loudness is used to rank sounds on a scale
from quiet to loud.
    Malleus: One of the three ossicles (bones) in the middle ear, it
is attached to the tympanic membrane (ear drum) and the body of the
incus (anvil).
    Masking: Phenomenon when the perception of a sound is diminished
by the presence of another sound.
    Microphone: A device that converts acoustic waves into
electrical signals.
    Middle Ear: Air cavity behind the tympanic membrane (ear drum)
and before the inner ear.
    Minimum Audible Field: the threshold for detecting sound in a
sound field.
    Minimum Audible Threshold: Also known as the absolute threshold
of hearing, it refers to the minimum sound level of a pure tone that
the average ear with normal hearing can hear without any other sound
in its environment.
    Modulation: A change in the dimension of a stimulus. For example
see ``Amplitude Modulation'' or ``Frequency Modulation''.
    Monopole: A single point in space that is an acoustic source.
    Narrow band: A limited range of frequency, as opposed to a wide
band, which tends to include frequencies from the low to high end, a
narrow band focuses in on a particular range.
    Natural Frequency: Frequency at which a system has maximum, or
near maximum, response.
    Noise: Sound wave(s) that is made up of random sounds. Sound
wave(s) that is viewed as an undesirable sound.
    Octave (also called octave band): Interval between two
frequencies that have a ratio of 2:1. The range of human hearing
covers approximately 10 octaves. For example, if the first octave is
20 to 40 Hz the next octave is 40 to 80 Hz, the next is 80 to 160
Hz, etc.
    One-third Octave Band: Frequency band that is one-third of an
octave band or whose lower and upper limits are 2\1/3\ times the
center frequency apart, as defined by their half-power points. For
example a one-third octave band centered at 1000 Hz has upper and
lower cutoff frequencies at about 890 and 1120 Hz and a bandwidth of
230 Hz. A one-third octave band centered at 4000 Hz has upper and
lower cutoff frequencies at about 3560 and 4490 Hz and a bandwidth
of 930 Hz.
    Organ of Corti: Also known as the spiral organ, it is located in
the inner ear and contains hair cells, which act as receptors to
sound waves.
    Outer Ear: The visible outer part of the ear that directs sound
waves through the canal within the temporal bone and delivers them
to the tympanic membrane (ear drum).
    Pascal: Unit used to measure pressure; it is equal to
9.8692x10-6 atm.
    Period: The time interval in which successive occurrences of a
recurring or cyclic phenomenon occur. The reciprocal of frequency.
    Phase: The time relationship between two or more sounds reaching
a receiver. The sounds are in phase when their amplitudes add. The
sounds are out-of-phase when their amplitudes subtract.
    Phon: A unit used to measure the loudness level of a sound in
dB.
    Pink Noise: A random noise whose amplitude is inversely
proportional to frequency. Pink Noise sounds more natural than white
noise.
    Pinna: External part of the human ear, also known as the
auricle.
    Pitch: The sensation of a frequency. Attribute of an auditory
sensation that humans can use to order sounds on a musical scale. A
high pitch sound corresponds to a high frequency sound wave. A low
pitch sound corresponds to a low frequency sound wave.
    Pitch Strength: Perception of how strong a pitch seems to be
according to a listener. Two sounds with equal frequencies can be
perceived to have different strengths.
    Point Source: A sound source whose dimensions are sufficiently
small that it can be treated as a point. Point sources attenuate at
6 dB per distance doubling. One example is of a point source is a
stationary ICE vehicle at idle.
    Power: A measure of energy supplied or consumed per unit of
time, usually expressed in Watts (W). A sound with a power of only
one-trillionth of one W can be audible in an otherwise quiet
environment; a jackhammer has an acoustic power output of about 1 W.
    Propagation: The advancement of a sound wave in a particular
direction traveling through a medium.
    Psychoacoustics: A branch of psychophysics that studies the
psychological correlations between acoustic and psychological
parameters.
    Pure Tone: A sound characterized by the fact that it is
comprised of only one frequency.
    Quiet: Causing little to no noise.
    Reflection: A change in the direction of propagation of a wave
due to boundary, for example pavement.
    Refraction: Bending of waves due to a change in the speed of
sound in the medium, for example, due to a temperature change in the
air.
    Resonance: The response of a system to input at a natural
frequency.
    Reverberation: Repetition of sound resulting from reflected
sound waves.
    Reverberant Field: A sound field resulting from a large number
of reflections from boundaries within an enclosed area.
    Ribbon: A type of microphone that converts sound into an
electrical signal by placing a ribbon between the two poles of a
magnet to generate electromagnetic induction.
    Roll-off Rate: The steady attenuation that occurs on either end
of a frequency range which is typically expressed in dB/octave or in
dB/decade.
    Roughness: Level of dissonance.
    Sharp: A semitone above the natural pitch of a given tone. Sound
composed of a greater proportion of high frequencies.
    Sinusoid (Sine): Used to graphically represent a sound wave. A
trigonometric function of an angle describing the ratio between the
length of the opposite side of the triangle from which the angle is
drawn, and the length of the adjacent side of the triangle.
    Sone: Unit of subjective loudness on a linear scale. A sound
that is 14 sones is twice as loud as a 7 sone sound.
    Sound Intensity: The sound power passing through an area in a
sound field, expressed as Watts per square meter.
    Sound Intensity Level: The logarithmic measurement of sound
intensity with respect to a reference level.

SIL = 10 log10(I\2\/Iref\2\)

where I is the acoustic intensity and Iref is equal to
10-12 W/m\2\ for air.

    Sound Pressure Level (SPL): Level of a sound relative to a
reference pressure and measured in decibels.

SPL = 10 log10(P\2\/Pref\2\)

where P is the root mean square of the acoustic pressure and
Pref is equal to 20 microPascals ([mu]Pa) for air.
Examples of a-weighted sound pressure levels include: threshold of
human hearing (0 dB(A)), quiet office (40 dB(A)), noisy restaurant
(70 dB(A)), rock concert (110 dB(A)), pain (140 dB(A))
    Sound Level Meter: Instrument used to measure sound pressure
levels, often used for noise pollution studies.
    Spectral Balance: The relative pressure levels of components of
a sound at various frequencies. This is often described by a
spectral plot with frequency in the horizontal axis and sound
pressure level/Hz on the vertical axis.
    Stationary Sound: A sound whose root mean squared amplitude does
not change with time. Examples include a fan running at a constant
speed, a waterfall, and a constant tone or hum.
    Tonalness (tonality): Harmonic effect of being in a certain key.
    Transverse Waves: Waves moving in right angles to their
propagation.
    Tympanic Membrane: Also known as the ear drum, a membrane in the
inner ear that vibrates as a response to sound, or changes in air
pressure.
    Un-weighted Spectrum: A spectrum recorded with uniform
amplification at all frequencies. In contrast, many spectra are
recorded after the signal is processed through filters that
approximate the variation in

sensitivity with frequency that occurs in human hearing (e.g., the
A-weighted filter). See also ``Flat Response''.
    .wav: Waveform Audio File Format, a type of file format used to
storing audio.
    White Noise: Noise with spectrum level that does not vary as a
function of frequency.

Appendix B. Acoustic Primer

    This primer introduces and describes what sound is, its
components, how it is perceived by humans and how the different
components of a sound can be measured. Sound can be described using
physical principles but is also a perceptual phenomenon. Humans can
perceive various qualities of sound, not all of which have
established quantitative measures. Humans can also perceive the
direction, distance and movement of sound sources. The information
included here provides background and context to concepts put forth
in the NPRM.

What is sound?

    A sound is said to exist when the static pressure of a medium
(typically air) is disturbed by periodic pressure variations (sound
waves) that propagate through the medium and are perceived by a
listener. The pressure variations in the medium are due to the
compression and rarefaction of molecules in the medium. In regions
of compression, the density of molecules is high and the number of
molecule collisions increases relative to the static pressure
condition. In regions of rarefaction, the density of molecules is
low and the number of molecule collisions decreases relative to the
static pressure condition. Over time, the pressure in a given region
will increase and decrease as the sound wave propagates through the
medium. The change in pressure relative to the static pressure is
called the acoustic or sound pressure.
    In the simplest case, sound pressure can be represented as a
function of time by a sinusoidal wave for a specific location in
space, as shown in Figure 1.\136\ Here, the baseline represents the
static pressure. The difference in pressure from the baseline to the
peak of the wave is the peak amplitude of the acoustic pressure; the
higher the amplitude, the louder the sound. As time progresses, the
pressure increases and decreases cyclically for this location. The
period of the wave can be defined by the time that it takes to go
from one peak to the next; a longer period indicates a lower pitch.
Another way to quantify the rate of change of a wave is by its
frequency. The frequency of a wave is the inverse of the period and
the unit is Hertz (Hz); the lower the frequency, the lower the
pitch. The wavelength of a sound wave is similar to the period of
the wave, except that rather than considering the time to go from
one peak to the next for a given location in space, one considers
the distance to go from one peak to the next for a given instant in
time. The wavelength is mathematically related to the period by
[lambda] = cT, where [lambda] is the wavelength, c is the speed of
sound in the medium and T is the period.
---------------------------------------------------------------------------

    \136\ While it is convenient to represent sound waves as
transverse waves, where the motion is perpendicular to the wave
propagation, they are in actuality longitudinal waves, where the
motion is parallel to the wave propagation.
[GRAPHIC] [TIFF OMITTED] TP14JA13.034

    The relative location of sound source and listener in an
environment can have a strong effect on the final sound that is
received by the listener. As a sound propagates away from the
source, the acoustic energy \137\ is spread over a greater area in a
manner similar to ripples in a pond. In a pond, the ripple's
diameter becomes larger but the amplitude becomes smaller the
further they travel from the source. Similarly, the further a sound
propagates from a source, the quieter the sound will tend to be. For
a point source radiating sound into free space, the intensity of
that sound will diminish by a factor of four for each doubling of
distance from the source to listener (inverse square law). However,
in typical environments, reflections and atmospheric absorption also
affect the sound level. The latter effect is greatest for high
frequencies, so when a sound propagates long distances, the high
frequency components of a sound will tend to decrease more than the
low frequency components. This affect is most noticeable for
distances greater than a hundred meters. Finally, sound propagation
can be affected by intervening surfaces, which can reflect and block
sound propagation. Highway barriers are a classic example of
surfaces intended to block sound propagation. By placing these
barriers between traffic and the listener, the sound due to the
traffic can be reduced at the listener's position. A ``live''
gymnasium is an example of an environment with many reflective
surfaces. Due to the reflective surfaces, sound waves can arrive
simultaneously at the listener from the same source even though the
sounds were emitted at slightly different times. The combination of
these direct and reflected sound waves create interference patterns
that can cause the level to be higher or lower. Constructive
interference occurs when the sounds are ``in phase'', that is, when
the peaks line up. Destructive interference occurs when the sounds
are ``out of phase'', that is, when peaks line up with valleys.
---------------------------------------------------------------------------

    \137\ Acoustic energy is equal to the acoustic intensity
integrated over the area. In an environment with no reflecting
boundaries, the acoustic intensity is proportional to the acoustic
pressure squared.
---------------------------------------------------------------------------

How is sound perceived?

    Amplitude and frequency of sound pressure are physical
attributes of sound that can be related to perceptual dimensions
such as loudness, pitch, and timbre.\138\ Humans interpret these
psychological dimensions subjectively, but some of them can be
quantified through psychoacoustic modeling. Psychoacoustics is the
study of how humans

perceive sound and forms the basis for extracting objective data
from the physical characteristics of acoustic pressure to quantify
how humans perceive the loudness, pitch, and timbre of a sound.
However, some of the properties of sounds that are important to
recognition or the characterization of a sound as pleasant or
annoying have no established metrics.
---------------------------------------------------------------------------

    \138\ Since timbre includes all other perceptual characteristics
other than the loudness and pitch of a sound, it includes the
perception of modulations, attack, decay, sharpness, roughness, etc.
---------------------------------------------------------------------------

    The loudness of a sound (by definition, a subjective measure) is
primarily related to the sound pressure level of a sound, but is
also influenced by its frequency. Loudness (or loudness level) is
measured in sones (or phons). The loudness level of a sound in phons
is equal to the sound pressure level in dB of a 1000-Hz tone that is
perceived to be equal in loudness to the sound of interest. For
example, all sounds that are judged to be equal in loudness to a
40dB-SPL, 1000 Hz tone have a loudness level equal to 40 phons.
Loudness level (phons) increases logarithmically, while loudness
(sones) increases linearly. For a human to judge a sound to be twice
as loud, the sound needs to be increased by roughly 10 phons or by
twice the number of sones, for example the perceived loudness
approximately doubles for 40, 50, 60, 70, 80 phons or 1, 2, 4, 6, 8,
16 sones. The relationship between perceived loudness and the
physical acoustic pressure of a sound is non-linear in both
amplitude and frequency, as illustrated in Figure 2. This means that
the relative loudness (and detectability) of two sounds with the
same SPL value can change substantially depending on their amplitude
and frequency.
[GRAPHIC] [TIFF OMITTED] TP14JA13.035

    Pitch is directly related to frequency. Roughly speaking, humans
interpret the fundamental frequency of a sound to be its pitch; the
higher the frequency, the higher the pitch; the lower the frequency,
the lower the pitch. A sound wave with a high frequency produces the
sensation of a high, sharp pitch and a low frequency produces a low,
dull pitch. Pitch strength refers to the strength of the pitch's
sensation. The pitch strength is dependent on the tone-to-noise
ratio. The tonal components of a sound have periodic, sinusoidal
waveforms, while the noise components are random (e.g., wind noise).
However, if noise is constrained by some physical or electronic
process to contain a relatively narrow band of frequencies, it can
produce the sensation of pitch, e.g., some turbine sounds. The
greater the noise levels relative to the tone level, the weaker the
pitch strength.
    There is a strong correlation between the pitch of a sound and
the spectral location of its frequency components. When there are
multiple frequency components present that are integer multiples of
a single lowest frequency, the sound is said to be harmonic. The
lowest frequency is commonly referred to as the fundamental. If
there are harmonics present, the ability to detect pitch is
improved. Even when the fundamental is not present (case of the
missing fundamental), the human auditory system compensates for the
loss of the lower harmonic. For example, a tone complex of 600, 800
and 1200 Hz is judged to have a pitch of 400 Hz because this
corresponds to the shortest common wave period.
    Timbre describes the characteristics of a sound that allow the
listener to differentiate two sounds with the same pitch and
loudness. The timbre of a sound is based predominantly on
characteristics of the sound's spectrum but is also dependent on
temporal characteristics. Characteristics of the spectrum that