Injuries   Injuries
                                                         Mild      Strong     EVs +                 Total     assuming   assuming    Injury
                                                       hybrids    hybrids   fuel cell  ICEs  (%)     (%)      100% ICE  predicted  difference   Benefits
                                                         (%)        (%)         (%)                            fleet      fleet
--------------------------------------------------------------------------------------------------------------------------------------------------------
Passenger Car.......................................       6.94       8.80       0.21      87.02     102.97     49,737     51,215       1,479      1,434
Light Trucks & Vans.................................       7.97       0.76       0.08      91.45     100.26     31,719     31,800          81         79
                                                     ---------------------------------------------------------------------------------------------------
Total...............................................  .........  .........  .........  .........  .........     81,455     83,015       1,560      1,514
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As discussed in the Final Regulatory Impact Analysis (FRIA), MAIS
injury levels are converted to dollar amounts. The benefits across
passenger cars, LTVs, and LSVs of reducing 2,401 pedestrian and
pedalcyclist injuries, or 32 undiscounted equivalent lives saved (19.80
equivalent lives at the 7-percent discount rate and 25.64 at the 3-
percent discount rate), is estimated to be $320 million at the 3-
percent discount rate and $247.5 million at the 7-percent discount
rate.
    The agency calculated the benefits of this rule 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. Based on research conducted by NHTSA's
VOPLE Center,\169\ NHTSA also assumes the sound added to hybrid and
electric vehicles will be 97-percent effective in providing warning to
pedestrians as the sound produced by a vehicle's ICE.
---------------------------------------------------------------------------

    \169\ See ``Robustness'' discussion in Section III.E.
---------------------------------------------------------------------------

    In addition to the benefits in injury reduction due to this rule,
there is also the benefit to blind and visually impaired individuals of
continued independent mobility. The increase in navigational ability
resulting from this rule 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 2014,\170\ there were 597,035
hybrid engine installations in light vehicles (96 percent were in
passenger cars and 4 percent were in light trucks) sold in MY2013,
which accounts for 3.5 percent of the total 17.2 million MY2013 light
vehicles. There were a smaller number of MY2013 electric vehicles:
17,480 passenger cars and 1,046 LTVs, representing 0.1 percent of the
overall sales. The Annual Energy Outlook (AEO) for 2014 provides future
estimates of the fleet broken down into hybrid and electric
vehicles.\171\ The number of vehicles that the agency projects will be
required to meet the standard is shown in Table 23.
---------------------------------------------------------------------------

    \170\ Ward's Automotive Yearbook CD. Path: \2014 YB CDROM\5.
North America\c. U.S. Auto Industry\3. Engines\Engines by Type.xls
    \171\ In calculating the costs of this rule 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 rule.

Table 23--Estimated/Predicted Hybrid and Electric Vehicle Sales Proposed
                To Be Required To Provide an Alert Sound
------------------------------------------------------------------------
                                          Estimated 2013  Predicted 2020
                                           sales source:   sales source:
                                              Ward's        AEO & NHTSA
------------------------------------------------------------------------
Low-Speed Vehicles......................           1,500           2,500

Light Vehicles Electric.................          18,526          15,020
Light Vehicles Fuel Cells...............               0           5,606
Light Vehicles Hybrid...................       597,035 *         506,701
                                         -------------------------------
    Light Vehicles subtotal.............         594,061         527,327
                                         -------------------------------
        Total Sales.....................         602,061         561,327
------------------------------------------------------------------------
* Note--This estimate of vehicle sales includes micro-hybrids which the
  rule does not apply to. This overestimation of hybrid vehicle sales is
  addressed in the MY2020 column, where propulsion source is provided by
  AEO.

    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
will provide an alert sound system voluntarily and, therefore, for
costing purposes we assumed a small upgrade cost in order to bring
these existing systems up to compliance. In addition, we assume that
some hybrid light vehicles, particularly those manufactured by Toyota,
come equipped with some form of speaker system, similar to the ones
expected to be found on electric vehicles. Furthermore, www.energy.gov
data indicates that these partially-equipped light vehicles make up
about 67% of the hybrids that fall under the rule. Thus, the number of
light vehicles that have to add (or upgrade) an alert sound system for
costing purposes for MY2020 is 561,327 vehicles.
    Based on informal discussions with suppliers and industry experts,
in addition to confidential documents provided to the agency, we
estimate that the total consumer cost for a system that produces sounds
meeting the requirement of this rule is $125.34 per hybrid light
vehicle. In cases where a sound system already exists on a light
vehicle (hybrid vehicles voluntarily equipped, electric vehicles, and
fuel cell vehicles), we assume a cost of $50.49. This estimate includes
the cost of a dynamic speaker system that is packaged for protection
from the elements and that is attached with mounting hardware and
wiring in order to power the speaker(s) 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 speed, for example.) We assume there will be no other
structural changes or installation costs associated with complying with
the rule's requirements. We believe the same system can be used for
both LSVs and light vehicles. We estimate that the added weight of the
system would increase fuel costs for light vehicles by about $4 to $5
over the lifetime of the vehicle. Average vehicle costs reflect the
different installation costs determined by propulsion source and
vehicle make as described above.

             Table 24--Cost Summary (in $M, 2013 Economics)
------------------------------------------------------------------------
                                            3% Discount     7% Discount
                                             rate ($)        rate ($)
------------------------------------------------------------------------
Per vehicle costs:
Passenger Cars, Per Vehicle *...........          $79.06          $78.16
Light Trucks, Per Vehicle *.............           77.27           76.17
Low Speed Vehicles (LSVs), Per Vehicle *           78.91           77.99
Total Cost by Vehicle Type:.............
Passenger Cars..........................           38.2M           37.8M
Light Trucks............................            3.6M            3.5M
Light Vehicles, PCs + LTVs Subtotal.....           41.8M           41.3M
Low Speed Vehicles (LSVs)...............            0.3M            0.3M
    Total (PC + LTV + LSV)..............           42.1M           41.6M
------------------------------------------------------------------------

    In addition to the quantifiable costs discussed above, there may be
a cost of adding sound to quiet vehicles to owners who value quietness
of vehicle operation and to society at large. NHTSA is not aware of a
method to quantify the value of quietness for a driver's own vehicle.
Some sound from these systems may intrude into the passenger
compartment. The use of multiple speakers with directional
characteristics might mitigate these costs. Sound insulation also can
counteract interior noise, and a sensitivity analysis for sound
insulation cost is provided in the accompanying FRIA.
    As explained further in the Environmental Assessment (EA), we
expect that the increase in noise from the alert sound will be no
louder than that from an average ICE vehicle and that aggregate sound
from these vehicles will not create an appreciable increase over
current noise levels. 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. NHTSA has not found any way to value the increase in
noise to society at large, and, thus it is a non-quantified cost.

C. Comparison of Costs and Benefits

    Comparison of costs and benefits expected due to this rule provides
a

savings of $0.4 million per equivalent life saved to a cost of $0.04
million per equivalent life saved across the 3-percent and 7-percent
discount levels. This falls under NHTSA's value of a statistical life
of $10.8 million, (for MY2020) and therefore this rulemaking is assumed
to be cost beneficial. Since the lifetime monetized benefits
(VSL+Economic) of MY2020 light vehicles (and LSVs) is expected to be
between $197.6M and $244.9M, the net impact of the rule on light
vehicles and LSVs is a positive one, even with the estimated $46
million required to install speakers \172\ and $3 million in lifetime
fuel costs.
---------------------------------------------------------------------------

    \172\ Based on the assumption in this analysis that
manufacturers will install speakers to meet the rule.

          Table 25--Discounted Benefits (PC+LTV) MY2020, 2013$
------------------------------------------------------------------------
                                                  Total PED + CYC
                                         -------------------------------
                                               Total
                                             Monetized       Total ELS
                                             Benefits
------------------------------------------------------------------------
3% discount                               ..............  ..............
    (PC)................................    $301,146,801           24.25
    (LTV)...............................      17,381,812            1.39
                                         -------------------------------
        Total...........................     318,528,614           25.64
------------------------------------------------------------------------
7% discount                               ..............  ..............
    (PC)................................     233,031,924           18.74
    (LTV)...............................      13,258,335            1.06
                                         -------------------------------
        Total...........................     246,290,259           19.80
------------------------------------------------------------------------

                  Table 26--Total Costs (PC+LTV) 2013$
------------------------------------------------------------------------
                                          Total cost/veh    Total costs
------------------------------------------------------------------------
3% discount                               ..............  ..............
    (PC)................................          $79.06     $38,223,782
    (LTV)...............................           77.27       3,587,400
                                         -------------------------------
        Total...........................           78.91      41,811,182
------------------------------------------------------------------------
7% discount:
    (PC)................................           78.16      37,788,667
    (LTV)...............................           76.17       3,536,329
                                         -------------------------------
        Total...........................           77.99      41,324,996
------------------------------------------------------------------------

                                      Table 27--Net Impacts (PC+LTV) 2013$
----------------------------------------------------------------------------------------------------------------
                                                                                Net costs/ELS
                                                                  Net impact/veh    Net impact        (in $M)
----------------------------------------------------------------------------------------------------------------
3% Discount                                                       ..............  ..............  ..............
    (PC)........................................................         $543.83    $262,923,019            -0.1
    (LTV).......................................................          297.12      13,794,413            0.93
                                                                 -----------------------------------------------
        Total...................................................          522.22     276,717,432           -0.04
----------------------------------------------------------------------------------------------------------------
7% Discount                                                       ..............  ..............  ..............
    (PC)........................................................          403.84     195,243,258            0.33
    (LTV).......................................................          209.40       9,722,005            1.67
                                                                 -----------------------------------------------
        Total...................................................          386.81     204,965,263             0.4
----------------------------------------------------------------------------------------------------------------

    The net impact of this rule on LSVs is also expected to be
positive. The net benefits of the minimum sound requirements for these
vehicles is $1,023,934 at the 3-percent discount rate and $788,953 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.

                                               Table 28--Costs and Scaled Benefits for LSVs, MY2020 \173\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Sales ratio                                       Scaled                                          Scaled
              Discount rate                LSV to light        Sales       Scaled costs      injuries       Scaled ELS        Scaled      benefits minus
                                              vehicle                                        (undisc.)                       benefits      scaled costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
3%......................................           0.47%           2,500        $197,264           11.28          0.1210      $1,189,469      $1,305,543
7%......................................           0.47%           2,500         194,970           11.28          0.0934         848,651         967,019
--------------------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------

    \173\ Scaled benefits and costs for low speed vehicles are
estimated to be directly proportional to light vehicles based on
sales. Scaled costs include both installation costs for the system
and fuel costs.
---------------------------------------------------------------------------

D. Retrospective Review

    NHTSA has been unable to directly compare pedestrian and
pedalcyclist crash rates for hybrids with and without sound because
sufficient data is not yet available. As a result, we have not been
able to directly determine whether lack of sound is the cause of the
difference in pedestrian and pedalcyclist crash rates between hybrids
and ICEs. For this reason, we intend conduct an expedited retrospective
review of this rule once data are available. Although some hybrid
manufacturers began putting alert sound in their vehicles around 2012,
the state data from this period needed for our analysis is just
starting to become available. While these voluntarily equipped vehicles
will not be fully compliant with this rule, within the next four years
we will conduct a preliminary study to determine whether adding sound
eliminates some pedestrian and pedalcyclist crashes should we have
sufficient data for such analysis. It will take several more years
until data from fully compliant vehicles are available for analysis.
Therefore, we expect to complete our retrospective review of this rule
within eight years of when this rule is finalized. For LSVs, sufficient
data may not be available and it may be necessary to use a Special
Crash Investigation to determine whether adding sound makes these types
of vehicles safer than those without sound should we be able to
identify any such crashes.

E. Environmental Assessment

    The agency has prepared an Environmental Assessment (EA) to analyze
and disclose the potential environmental impacts of a reasonable range
of 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 (the final rule), 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 order to determine the potential environmental impacts of the
alternatives, NHTSA estimated the amount of travel covered by vehicles
and changes in sound level projected to occur under each of the
alternatives. 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. The EA calculates the potential noise impacts of
the alternatives in two different ways.
    In one analysis, NHTSA analyzed the potential for change in sound
levels experienced by an individual listener near a roadway as a result
of the final alternatives by single vehicle passes by. In the second
analysis, NHTSA compared the sound levels experienced by a single
listener among sets of vehicles with varying percentages of EVs/HVs
when these vehicles were assumed to have no minimum sound requirement
versus when producing the sound level specified under each of the
action alternatives. For this analysis, NHTSA calculated the difference
in sound perceived by a person standing either 7.5 or 15 meters (25 or
50 feet, respectively) away from the source to replicate the difference
in sound between the alternatives experienced by a person standing near
a busy roadway.
    Our first analysis for both action alternatives suggest that in
urban environments, a single listener would not perceive a noticeable
difference in sound when standing 7.5 meters from the roadway compared
to the no action alternative. In a non-urban environment, a single
listener would not perceive a noticeable difference under Alternative
3, but under the Preferred Alternative a single listener would perceive
a noticeable difference in sound level when standing 7.5 meters from
the roadway compared to the no action alternative.
    The results from second analysis show that changes in overall sound
levels near a busy roadway for either action alternative compared to
the No Action Alternative would not exceed 3 dB, the commonly used
threshold for noticeability by human listeners, even assuming that up
to 20% of vehicles on the road are EVs/HVs, which is nearly three times
the deployment level currently projected for 2035. When non-urban or
urban ambient sound levels are taken into account, the perceived sound
level change is further reduced to well under the 3 dB threshold.
    In addition to analyzing the projected impact of the action
alternatives on an individual listener, NHTSA computed the magnitude of
the change in sound levels nationally as a result of the alternatives.
This analysis takes into account the National Household Travel Survey
(NHTS) distribution of trip miles, the Annual Energy Outlook (AEO)
forecast of the deployment of EVs/HVs, and Environmental Protection
Agency (EPA) drive cycle speed distributions. Because the action
alternatives would only affect specific vehicles in certain operating
conditions, this analysis calculates the total U.S. vehicle operations
affected by the action alternatives as a proportion of total U.S.
vehicle operations, and analyzes the overall change in sound levels
projected to occur as a result of the action alternatives.
    Based on this analysis of national impacts, NHTSA projects that
under the Preferred Alternative, 2.3 percent of all urban U.S. light
duty vehicle hours travelled and 0.3 percent of all non-urban U.S.
light duty vehicle hours travelled potentially would be impacted by the
minimum sound requirement. Under Alternative 3, NHTSA projects that 0.9
percent of all urban U.S. light duty vehicle hours and 0.1 percent of
all nonurban U.S. light duty vehicle hours potentially would be
impacted by the minimum sound requirement.

    Given the extremely small percentage of vehicle hours travelled
impacted by this rule and the fact the sounds under the final rule
would only be noticeable to a single listener standing 7.5 meters from
the roadway under the single vehicle pass by condition, the
environmental impacts of the final rule are expected to be negligible.
In addition, the EA anticipates no or negligible additional impacts on
wildlife; topography, geology, and soils; hazardous materials,
hazardous waste, and solid waste; water resources; historical and
archeological resources; farmland resources; air quality and climate;
and environmental justice populations.

VI. 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 Final Regulatory Impact
Analysis.
    We estimate the total fuel and installation costs of this rule to
the light EV, HV and LSV fleet to be $41.8M at the 3-percent discount
rate and $41.3M at the 7-percent discount rate. We estimate that the
impact of this rule in pedestrian and pedalcyclist injury reduction in
light vehicles and LSVs will be 30.69 equivalent lives saved at the 3-
percent discount rate and 24.75 equivalent lives saved at the 7-percent
discount rate. The benefits of applying this rule to light EVs and HVs
are estimated to be $260.1 million at the 3-percent discount rate and
$209.5 million 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.

    We received several comments regarding the impact of the rulemaking
schedule on the development of GTR of this topic. As discussed in
Section IV of this notice, given the deadlines for issuing a final rule
provided in the PSEA, the agency did not think that it would be
feasible to delay issuing a final rule until after the GTR is
completed.
    NHTSA also received comments regarding the approach taken in
guidelines developed by the UNECE and Japan regarding the crossover
speed and whether HVs and EVs should be required to produce sound when
they are not in motion. For the reasons discussed in Section III.D of
this notice, we believe that a crossover speed of 30 km/h is necessary
to ensure that blind, visually-impaired, and sighted pedestrians can
safely detect EVs and HVs operating at low speeds. For the reasons
discussed in Section III.C of this notice, we believe that EVs and HVs
must produce sound when stationary with their gear selector is in any
position other than park to prevent collisions and because of the
language of the PSEA.

National Environmental Policy Act

    Concurrently with this final rule, NHTSA is releasing a Final 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 EA to analyze and disclose the potential environmental
impacts of the requirements of the proposed action and a range of
alternatives. The EA analyzes direct, indirect, and cumulative impacts
and analyzes impacts in proportion to their significance.
    Because this rule will increase the amount of sound produced by a
certain segment of the vehicle fleet, the EA considers the possible
impacts of increased ambient noise levels on both urban and rural
environments. The EA also describes potential environmental impacts to
a variety of resources including biological resources, waste, and
environmental justice populations. The findings of the EA are
summarized in Section V.D.
    The Final EA is available in Docket No. NHTSA-2011-0100 at http://www.regulations.gov/ as well as on NHTSA's Web site at http://www.nhtsa.gov/. Additionally, hard copies may be obtained by contacting
Mike Pyne, Safety Standards Engineer, National Highway Traffic Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590-0001.
    I have reviewed the Final EA, which is hereby incorporated by
reference. As described in that Final EA and summarized above, this
rulemaking is anticipated to have no or negligible impacts on the human
environment. Based on the Final EA, I conclude that implementation of
any of the action alternatives (including the final rule) will not have
a significant effect on the human environment and that a ``finding of
no significant impact'' (see 40 CFR 1501.4(e)(1) and 1508.13) is
appropriate. This statement constitutes the agency's ``finding of no
significant impact,'' and an environmental impact statement will not be
prepared.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 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.'' \174\ 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 rule will not have a significant economic impact on a
substantial number of small entities.
---------------------------------------------------------------------------

    \174\ 13 CFR 121.105(a).
---------------------------------------------------------------------------

    In issuing this rule, I the undersigned hereby certify that this
rule will not have a significant economic impact on a substantial
number of small entities.

We believe that the rulemaking will 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
between $50.49 and $125.34 is small in proportion to the overall
vehicle cost for most small vehicle manufacturers.
    This rule will directly affect motor vehicle manufacturers and
final-stage manufacturers that produce EVs and HVs. The majority of
motor vehicle manufacturers will not qualify as a small business. There
are less than five manufacturers of light hybrid and electric vehicles
that would be subject to the requirements of this proposal that are
small businesses. Similarly, there are several manufacturers of low-
speed vehicles that are small businesses.
    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 is a small proportion of the overall
vehicle cost for even the least expensive electric vehicles.
    (2) This final rule provides a three year lead-time and allows
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 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.
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. 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 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 rule
and finds that this rule, like many NHTSA rules, prescribes only a
minimum safety standard. As such, NHTSA does not intend that this rule
preempt state tort law that would effectively impose a higher standard
on motor vehicle manufacturers than that established by today's final
rule. Establishment of a higher standard by means of State tort law
would not conflict with the minimum standard promulgated 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 FRIA. We estimate the annual total fuel and
installation costs of this final rule to the light EV, HV and LSV fleet
to be $41.8 million at the 3-

percent discount rate and $41.3 million at the 7-percent discount rate.
Therefore, this rule 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 $136 million 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 final rule
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, and low speed vehicles subject to the phase-in
schedule to provide motor vehicle production data for one year:
September 1, 2018 to August 31, 2019.
    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, and low-speed
vehicles with a GVWR of 4,536 kg (10,000 lbs.) or less. The agency
estimates that there are approximately 21 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 42 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.

Executive Order 13045

    Executive Order 13045 \175\ 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.
---------------------------------------------------------------------------

    \175\ 62 FR 19885 (Apr. 23, 1997).
---------------------------------------------------------------------------

    This rule will not pose such a risk for children. The primary
effects of this rule 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 final rule. 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 today's final rule
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.
    The agency also used voluntary consensus standard ISO 10844
``Acoustics--Test Surface for Road Vehicle Noise Measurements,'' to
specify the road surface to be used for compliance testing under this
standard. We also used ANSI S1.11 ``Specification for Octave-Band and
Fractional-Octave-Band Analog and Digital Filters,'' to specify the
filter roll-offs to be used during the analyses of data collected
during compliance testing.

Incorporation by Reference

    As discussed earlier in the relevant portions of this document, we
are incorporating by reference various

materials into the Code of Federal Regulations in this rulemaking. The
standards we are incorporating are ANSI S1.11-2004, ``Specification for
Octave-Band and Fractional-Octave-Band Analog and Digital Filters,''
the 1994, 2011, and 2014 versions of ISO 10844 \176\ and SAE Standard
J2889-1 Dec. 2014, ``Measurement of Minimum Noise Emitted by Road
Vehicles,''
---------------------------------------------------------------------------

    \176\ The 1994 version of ISO 10844 is titled ``Acoustics--Test
Surface for Road Vehicle Noise Measurements'' the 2011 and 2014
versions of ISO 10844 are titled ``Acoustics--Specification of test
tracks for measuring noise emitted by road vehicles and their
tyres.''
---------------------------------------------------------------------------

    Under 5 U.S.C. 552(a)(1)(E), Congress allows agencies to
incorporate by reference materials that are reasonably available to the
class of persons affected if the agency has approval from the Director
of the Federal Register. As a part of that approval process, the
Director of the Federal Register (in 1 CFR 51.5) directs agencies to
discuss (in the preamble) the ways that the materials we are
incorporating by reference are reasonably available to interested
parties.
    NHTSA has worked to ensure that standards being considered for
incorporation by reference are reasonably available to the class of
persons affected. In this case, those directly affected by incorporated
provisions are NHTSA and parties contracting with NHTSA to conduct
testing of new vehicles. New vehicle manufacturers may also be affected
to the extent they wish to conduct NHTSA's compliance test procedures
on their own vehicles. These entities have access to copies of
aforementioned standards through ANSI, ISO and SAE International for a
reasonable fee. These entities have the financial capability to obtain
a copy of the material incorporated by reference. Other interested
parties in the rulemaking process beyond the class affected by the
regulation include members of the public, safety advocacy groups, etc.
Such interested parties can access the standard by obtaining a copy
from the aforementioned standards development organizations.
    Interested parties may also access the standards through NHTSA. All
approved material is available for inspection at NHTSA, 1200 New Jersey
Avenue SE., Washington, DC 20590, and at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NHTSA, contact NHTSA's Office of Technical Information
Services, phone number<PHONE_NUMBER>.

Executive Order 13211

    Executive Order 13211 \177\ 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.
---------------------------------------------------------------------------

    \177\ 66 FR 28355 (May 18, 2001).
---------------------------------------------------------------------------

    This 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 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.

List of Subjects in 49 CFR Part 571

    Imports, Incorporation by reference, Motor vehicle safety,
Reporting and recordkeeping requirements, Tires.

Regulatory Text

    In accordance with the forgoing, NHTSA is amending 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:
0
a. Redesignate paragraphs (c)(1) through (4) as paragraphs (c)(2)
through (5);
0
b. Add new paragraph (c)(1);
0
c. Add paragraphs (i)(2) through (4); and
0
d. Redesignate paragraph (l)(49) as paragrapgh (l)(50) and, and add new
paragraah (l)(49).
    The additions read as follows:

Sec.  571.5  Matter incorporated by reference.

* * * * *
    (c) * * *
    (1) ANSI S1.11-2004, ``Specification for Octave-Band and
Fractional-Octave-Band Analog and Digital Filters,'' approved February
19, 2004, into Sec.  571.141.
* * * * *
    (i) * * *
    (2) ISO 10844:1994(E) ``Acoustics--Test Surface for Road Vehicle
Noise Measurements,'' First edition, 1994-09-01, into Sec.  571.141.
    (3) ISO 10844: 2011(E) ``Acoustics--Specification of test tracks
for measuring noise emitted by road vehicles and their tyres,'' Second
edition, 2011-02-01 into Sec.  571.141.
    (4) ISO 10844: 2014(E) ``Acoustics--Specification of test tracks
for measuring noise emitted by road vehicles and their tyres,'' Third
edition, 2014-05-15 into Sec.  571.141.
* * * * *
    (l) * * *
    (49) SAE Standard J2889-1, ``Measurement of Minimum Noise Emitted
by Road Vehicles,'' December 2014 into Sec.  571.141.
* * * * *

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 requirements for
pedestrian alert sounds for motor vehicles.
    S2. Purpose. The purpose of this standard is to reduce the number
of injuries that result from electric and hybrid vehicle 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 vehicles with a gross vehicle weight rating (GVWR) of
4,536 Kg or less that are passenger cars, multipurpose passenger
vehicles, trucks, or buses;
    (b) Hybrid vehicles with a gross vehicle weight rating (GVWR) of
4,536 Kg or less that are passenger cars, multi-purpose passenger
vehicles, trucks, or buses; and
    (c) Electric vehicles and hybrid vehicles that are low speed
vehicles.
    S4. Definitions. Band or one-third octave band means one of
thirteen one-third octave bands having nominal center frequencies
ranging from 315 to 5000Hz. These are Bands 25 through 37 as defined in
Table A1, Mid-band Frequencies for One-Third-Octave-Band and Octave-
Band Filters in the Audio Range, of ANSI S1.11-2004: ``Specification
for Octave-Band and Fractional-Octave-Band Analog and Digital Filters''
(incorporated by reference, see Sec.  571.5).
    Band sum means the combination of Sound Pressure Levels (SPLs) from
selected bands that produce an SPL representing the sound in all of
these bands. Band sum is calculated with the following equation:
[GRAPHIC] [TIFF OMITTED] TR14DE16.018

where SPLi is the sound pressure level in each selected
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.
    Hybrid vehicle means a motor vehicle which has 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 or
reverse without the internal combustion engine operating.
    Rear plane means a vertical plane tangent to the leading edge of
the rear of the vehicle during operation in reverse.
    S5. Requirements. Subject to the phase-in set forth in S9 of this
standard, each hybrid and electric vehicle must meet the requirements
specified in either S5.1 or S5.2. subject to the requirements in S5.3.
Each vehicle must also meet the requirements in S5.4 and S5.5.
    S5.1 Performance requirements for four-band alert sounds.
    S5.1.1 Stationary. When stationary the vehicle must satisfy
S<IP_ADDRESS> and S<IP_ADDRESS> whenever the vehicle's propulsion system is
activated and:
    (i) In the case of a vehicle with an automatic transmission, the
vehicle's gear selector is in Neutral or any gear position other than
Park that provides forward vehicle propulsion;
    (iii) in the case of a vehicle with a manual transmission, the
vehicle's parking brake is released and the gear selector is not in
Reverse.
    S<IP_ADDRESS> For detection, the vehicle must emit a sound having at
least the A-weighted sound pressure level according to Table 1 in each
of four non-adjacent bands spanning no fewer than 9 of the 13 bands
from 315 to 5000 Hz.
    S<IP_ADDRESS> For directivity, the vehicle must emit a sound measured at
the microphone on the line CC' having at least the A-weighted sound
pressure level according to Table 1 in each of four non-adjacent bands
spanning no fewer than 9 of the 13 bands from 315 to 5000Hz.

   Table 1--One-Third Octave Band Min. SPL Requirements for Sound When
             Stationary and Constant Speeds Less Than 10km/h
------------------------------------------------------------------------
                                                           Min SPL,  A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              39
400.....................................................              39
500.....................................................              40
630.....................................................              40
800.....................................................              41
1000....................................................              41
1250....................................................              42
1600....................................................              39
2000....................................................              39
2500....................................................              37
3150....................................................              34
4000....................................................              32
5000....................................................              31
------------------------------------------------------------------------

    S5.1.2 Reverse. For vehicles capable of rearward self-propulsion,
whenever the vehicle's gear selector is in the Reverse position, the
vehicle must emit a sound having at least the A-weighted sound pressure
level according to Table 2 in each of four non-adjacent bands spanning
no fewer than 9 of the 13 bands from 315 to 5000Hz.

 Table 2--One-Third Octave Band Min. SPL Requirements for Sound while in
                                 Reverse
------------------------------------------------------------------------
                                                           Min SPL,  A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              42
400.....................................................              41
500.....................................................              43
630.....................................................              43
800.....................................................              44
1000....................................................              44
1250....................................................              45
1600....................................................              41
2000....................................................              42
2500....................................................              40
3150....................................................              37
4000....................................................              35
5000....................................................              33
------------------------------------------------------------------------

    S5.1.3 Constant pass-by speeds greater than 0 km/h but less than 20
km/h. When at a constant speed greater than 0 km/h but less than 20 km/
h the vehicle must emit a sound having at least the A-weighted sound
pressure level according to Table 1 or Table 3 as applicable based upon
vehicle test speed in each of four non-adjacent bands spanning no fewer
than 9 of the 13 bands from 315 to 5000 Hz.

 Table 3--One-Third Octave Band Min. SPL Requirements for Constant Pass-
    by Speeds Greater Than or Equal to 10 km/h but Less Than 20 km/h
------------------------------------------------------------------------
                                                           Min SPL,  A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              45
400.....................................................              44
500.....................................................              46
630.....................................................              46
800.....................................................              47
1000....................................................              47
1250....................................................              48
1600....................................................              44
2000....................................................              45
2500....................................................              43
3150....................................................              40

4000....................................................              38
5000....................................................              36
------------------------------------------------------------------------

    S5.1.4 Constant pass-by speeds greater than or equal to 20km/h but
less than 30 km/h. When at a constant speed equal to or greater than 20
km/h but less than 30 km/h the vehicle must emit a sound having at
least the A-weighted sound pressure level according to Table 4 in each
of four non-adjacent bands spanning no fewer than 9 of the 13 bands
from 315 to 5000 Hz.

 Table 4--One-Third Octave Band Min. SPL Requirements for Constant Pass-
    by Speeds Greater Than or Equal to 20 km/h but Less Than 30 km/h
------------------------------------------------------------------------
                                                           Min SPL,  A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              52
400.....................................................              51
500.....................................................              52
630.....................................................              53
800.....................................................              53
1000....................................................              54
1250....................................................              54
1600....................................................              51
2000....................................................              51
2500....................................................              50
3150....................................................              47
4000....................................................              45
5000....................................................              43
------------------------------------------------------------------------

    S5.1.5 Constant 30km/h pass-by. When at a constant speed of 30-32
km/h the vehicle must emit a sound having at least the A-weighted sound
pressure level according to Table 5 in each of four non-adjacent bands
spanning no fewer than 9 of the 13 bands from 315 to 5000 Hz.

Table 5--One-Third Octave Band Min. SPL Requirements for 30-32 km/h Pass-
                                   By
------------------------------------------------------------------------
                                                           Min SPL,  A-
       One-third octave band center frequency, Hz           weighted dB
------------------------------------------------------------------------
315.....................................................              56
400.....................................................              55
500.....................................................              57
630.....................................................              57
800.....................................................              58
1000....................................................              58
1250....................................................              59
1600....................................................              55
2000....................................................              55
2500....................................................              54
3150....................................................              51
4000....................................................              49
5000....................................................              47
------------------------------------------------------------------------

    S5.2 Performance requirements for two-band alert sounds. When
operating under the vehicle speed conditions specified in Table 6, the
vehicle must emit sound having two non-adjacent one-third octave bands
from 315 to 3150 Hz each having at least the A-weighted sound pressure
level according to the minimum SPL requirements in Table 6 and spanning
no fewer than three one-third octave bands from 315 to 3150 Hz. One of
the two bands meeting the minimum requirements in Table 6 shall be the
band that has the highest SPL of the 315 to 800 Hz bands and the second
band shall be the band meeting the minimum requirements in Table 6 that
has the highest SPL of the 1000 to 3150 Hz bands. The two bands used to
meet the two-band minimum requirements must also meet the band sum
requirements as specified in Table 6.

 Table 6--One-Third Octave Band Minimum Requirements for Two-Band Alert
------------------------------------------------------------------------
                                               A-weighted SPL, dB(A)
                                         -------------------------------
              Vehicle speed                 Minimum in
                                             each band       Band sum
------------------------------------------------------------------------
Reverse.................................              40              48
Stationary and up to but not including                40              44
 10 km/h................................
10 km/h up to but not including 20 km/h.              42              51
20 km/h up to but not including 30 km/h.              47              57
30 km/h.................................              52              62
------------------------------------------------------------------------

    S5.2.1 When tested according to the test procedure in S7.1 the
vehicle must emit a sound measured at the microphone on the line CC'
having at least two non-adjacent octave bands from 315 to 3150 Hz each
having at least the A-weighted sound pressure level, indicated in the
``Minimum in Each Band'' column in Table 6 for the ``Stationary up to
but not including 10 km/h'' condition. The two bands used to meet the
two-band minimum requirements must also meet the Band Sum as specified
in Table 6.
    S5.3 If a hybrid vehicle to which this standard applies is
evaluated for compliance with requirements in S5.1.1 through S5.1.5 or
S5.2 (Stationary, Reverse, Pass-by at 10 km/h, 20 km/h, and 30 km/h,
respectively), and during testing to any one of those requirements the
vehicle is measured for ten consecutive times without recording a valid
measurement, or for a total of 20 times without recording four valid
measurements because the vehicle's ICE remains active for the entire
duration of a measurement or the vehicle's ICE activates intermittently
during every measurement, the vehicle is exempted from meeting the
specific requirement that was under evaluation at the time the ICE
interfered in the prescribed manner.
    S5.4 Relative volume change to signify acceleration and
deceleration. The sound produced by the vehicle in accordance with
paragraph S5 shall change in volume, as calculated in S7.6, from one
critical operating condition to the next in accordance with the
requirements in Table 7.

          Table 7--Minimum Relative Volume Change Requirements
------------------------------------------------------------------------
                                                                Minimum
                                                               relative
             Critical operating speed intervals                 volume
                                                                change,
                                                                  dB
------------------------------------------------------------------------
Between:
    Stationary and 10 km/h..................................           3
    10 km/h and 20 km/h.....................................           3
    20 km/h and 30 km/h.....................................           3
------------------------------------------------------------------------

    S5.5 Sameness requirement
    S5.5.1 Any two vehicles of the same make, model, and model year (as
those terms are defined at 49 CFR 565.12) to which this safety standard
applies shall use the same pedestrian alert system and shall be
designed to have the same pedestrian alert sound when operating in any
given condition for which an alert sound is required in Section S5 of
this safety standard.
    S5.5.2 For the purposes of this requirement, a pedestrian alert
system includes all hardware and software components that are utilized
to generate an alert sound. Aspects of an alert system which shall be
the same include, if applicable: Alert system hardware components
including speakers, speaker modules, and control modules, as evidenced
by specific details such as part numbers and technical illustrations;
the location, orientation, and mountings of the hardware components
within the vehicle; the digital sound file or other digitally encoded
source; the software and/or firmware and algorithms which generate the
pedestrian alert sound and/or which process the digital source to
generate a pedestrian alert sound; vehicle inputs including vehicle
speed and gear selector position utilized by the alert system; any
other design features necessary for vehicles of the same make, model,
and model year to have the same pedestrian alert sound at each given
operating condition specified in this safety standard.
    S6. Test Conditions.
    S6.1 Weather conditions. The ambient conditions specified by this
section will be met at all times during the tests described in S7.
Conditions will be measured with the accuracy required in S6.3.3 at the
microphone height specified in S6.4 +/-0.02 m.
    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 will be
measured and reported as specified in S6.7, Ambient correction.
    S6.2 Test surface. Test surface will meet the requirements of ISO
10844:1994, ISO 10844:2011, or ISO 10844:2014 (incorporated by
reference, see Sec.  571.5).
    S6.3 Instrumentation.
    S6.3.1 Acoustical measurement. Instruments for acoustical
measurement will 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 the constant speed pass-by tests in S7 of this
standard will be capable of either continuous measurement of speed
within 0.5 km/h over the entire measurement zone specified
in S6.4 or independent measurements of speed within 0.2 km/
h at the beginning and end of the measurement zone specified in S6.4.
    S6.3.3 Meteorological instrumentation. Instruments used to measure
ambient conditions at the test site will meet the requirements of S5.3
of SAE J2889-1 (incorporated by reference, see Sec.  571.5).
    S6.4 Test site. The test site will be established per the
requirements of 6.1 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 1of SAE
J2889-1 (incorporated by reference, see Sec.  571.5). Microphone
positions will meet the requirements of 7.1.1 of SAE J2889-1
(incorporated by reference, see Sec.  571.5).
    S6.5 Test set up for directivity measurement will 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) The vehicle's doors are shut and locked and windows are shut.
    (b) All accessory equipment (air conditioner, wipers, heat, HVAC
fan, audio/video systems, etc.) that can be shut down, 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. During night time testing test vehicle
headlights may be activated.
    (c) Vehicle's electric propulsion batteries, if any, are charged
according to the requirements of S<IP_ADDRESS> of SAE J2889-1 (incorporated
by reference, see Sec.  571.5). If propulsion batteries must be
recharged during testing to ensure internal combustion engine does not
activate, manufacturer instructions will be followed.
    (d) Vehicle test weight, including the driver and instrumentation,
will be evenly distributed between the left and right side of the
vehicle and will not exceed the vehicle's GVWR or GAWR:
    (1) For passenger cars, and MPVs, trucks, and buses with a GVWR of
4,536 kg (10,000 pounds) or less, the vehicle test weight is the
unloaded vehicle weight plus 180 kg (396 pounds);
    (2) For LSVs, the test weight is the unloaded vehicle weight plus
78 kg (170 pounds).
    (e) Tires will be free of all debris and each tire's cold tire
inflation pressure set to:
    (1) For passenger cars, and MPVs, trucks, and buses with a GVWR of
4,536 kg (10,000 pounds) or less, the inflation pressure specified on
the vehicle placard in FMVSS No. 110;
    (2) For LSVs, the inflation pressure recommended by the
manufacturer for GVWR; if none is specified, the maximum inflation
pressure listed on the sidewall of the tires.
    (f) Tires are conditioned by driving the test vehicle around a
circle 30 meters (100 feet) in diameter at a speed that produces a
lateral acceleration of 0.5 to 0.6 g for three clockwise laps followed
by three counterclockwise laps;
    S6.7 Ambient correction.
    S6.7.1 Measure the ambient noise for at least 30 seconds
immediately before and after each series of vehicle tests. A series is
a test condition, i.e. stationary, reverse, 10 km/h pass-by test, 20
km/h pass-by test, or 30 km/h pass-by test. Ambient noise data files
will be collected from each microphone required by the test procedures
in S7.
    S6.7.2 For each microphone, determine the minimum A-weighted
overall ambient SPL during the 60 seconds (or more) of recorded ambient
noise consisting of at least 30 seconds recorded immediately before and
at least 30 seconds immediately after each test series.
    S6.7.3 For each of the 13 one-third octave bands, the minimum A-
weighted ambient noise level during the 60 seconds (or more) from the
two 30 second periods of ambient noise recorded immediately before and
after each test series will be determined for each microphone.
    S6.7.4 To correct overall SPL values for ambient noise, calculate
the difference, for each microphone, between the measured overall SPL
values for a test vehicle obtained in sections S7.1.4(b) and S7.3.4(b)
and the minimum overall ambient SPL values

determined in S6.7.2, above. Using Table 8, determine a correction
factor for each microphone. Subtract the correction factor from the
overall SPL value measured under sections S7.1.4(b) and S7.3.4(b) to
calculate the corrected overall SPL value. Any test for which the
minimum overall SPL of the ambient is within 3 dB of the uncorrected
overall SPL of the vehicle is invalid and not analyzed further.
    S6.7.5 To correct one-third octave band sound levels for ambient
noise, calculate the difference, for each microphone, between the
uncorrected level for a one-third octave band (obtained in sections
S7.1.5(b), S7.1.6(b) and S7.3.5(b)) and the minimum ambient level in
the same one-third octave band as determined in S6.7.3. Use Table 9 to
determine if a correction is required for each microphone and one-third
octave band. If a correction is required, subtract the appropriate
correction factor in Table 9 from the uncorrected one-third octave band
sound level to calculate the corrected level for each one-third octave
band. If the level of any ambient one-third octave band is within 3 dB
of the corresponding uncorrected one-third octave band level, then that
one-third octave band is invalid and not analyzed further.

           Table 8--Overall SPL Corrections for Ambient Noise
------------------------------------------------------------------------
 Difference between vehicle measurement and
            ambient noise level                       Correction
------------------------------------------------------------------------
Greater than 10 dB.........................  0 dB.
Greater than 8 dB but less than or equal to  0.5 dB.
 10 dB.
Greater than 6 dB but less than or equal to  1.0 dB.
 8 dB.
Greater than 4.5 dB but less than or equal   1.5 dB.
 to 6 dB.
Greater than 3 dB but less than or equal to  2.5 dB.
 4.5 dB.
Less than or equal to 3 dB.................  Invalid test run.
------------------------------------------------------------------------

         Table 9--1/3 Octave Band Corrections for Ambient Noise
------------------------------------------------------------------------
 Difference between vehicle 1/3 octave band
   sound pressure level and ambient noise             Correction
                   level
------------------------------------------------------------------------
Greater than 6 dB..........................  0 dB.
Greater than 4.5 dB but less than or equal   1.5 dB.
 to 6 dB.
Greater than 3 dB but less than or equal to  2.5 dB.
 4.5 dB.
Less than or equal to 3 dB.................  Specific 1/3 octave band is
                                              not useable.
------------------------------------------------------------------------

    S7. Test Procedure.
    S7.1 Vehicle stationary
    S7.1.1 Execute stationary tests and collect acoustic sound files.
    (a) Position the vehicle with the front plane at the line PP', the
vehicle centerline on the line CC' and the starting system deactivated.
For vehicle equipped with a Park position, place the vehicle's gear
selector in ``Park'' and engage the parking brake. For vehicles not
equipped with a Park position, place the vehicle's gear selector in
``Neutral'' and engage the parking brake. Activate the starting system
to energize the vehicle's propulsion system.
    (b) For vehicles equipped with a Park position for the gear
selector, after activating the starting system to energize the
vehicle's propulsion system, apply and maintain a full application of
the service brake, disengage the vehicle parking brake and then place
the vehicle's gear selector in ``Drive,'' or any forward gear. For
vehicles not equipped with a Park position for the gear selector, after
activating the starting system to energize the vehicle's propulsion
system, apply and maintain a full application of the service brake,
disengage the vehicle parking brake, disengage the manual clutch (fully
depress and hold the clutch pedal), and place the vehicle's gear
selector in any forward gear.
    (c) Execute multiple tests to acquire at least four valid tests
within 2 dBA overall SPL in accordance with S7.1.2 and S7.1.3. For each
test, measure the sound emitted by the stationary test vehicle for a
duration of 10 seconds.
    (d) During each test a left (driver's side), a right (passenger
side), and a front-center acoustic file will be recorded.
    S7.1.2. Eliminate invalid tests.
    (a) Determine validity of sound files collected during S7.1.1
tests. Measurements that contain any distinct, transient, loud sounds
(e.g., chirping birds, overhead planes, trains, car doors being
slammed, etc.) are considered invalid. Measurements that contain sounds
emitted by any vehicle system that is automatically activated and
constantly engaged during the entire 10 second performance test are
considered valid. Measurements that contain sound emitted by any
vehicle system that is automatically activated and intermittently
engaged at any time during the stationary performance test, are
considered invalid. Additionally, when testing a hybrid vehicle with an
internal combustion engine, measurements that include sound emitted by
the ICE either intermittently or continuously are considered invalid. A
valid test requires a valid left side, a valid right side, and a valid
front-center acoustic sound file.
    (b) Sequentially number all tests which are deemed valid based upon
the chronological order in which they were conducted. Acoustic files
will be identified with a test sequence number and their association
with the left side, right side, or front center microphone.
    S7.1.3 Identify first four valid tests within 2dBA.
    (a) For each valid test sound file identified in S7.1.2, determine
a maximum overall SPL value, in decibels. Each SPL value will be
reported to the nearest tenth of a decibel.
    (b) Compare the first four left-side SPL values from S7.1.3(a) of
this paragraph, and determine the range by taking the difference
between the largest and smallest of the four values. In the same
manner, determine the range of SPL values for the first four right-side
and the first four front-center sound files. If the range for the left
side, right side, and front-center are all less than or equal to 2.0
dB, then the twelve sound files associated with the first four valid
tests will be used for the one-third octave band evaluations in S7.1.5.
and S7.1.6. If the range of the SPL values for

the left side are not within 2 dBA, or for the right side are not
within 2 dBA, or for the front-center of the vehicle are not within 2
dBA, an iterative process will be used to consider sound files from
additional sequential tests until the range for all three microphone
locations are within 2 dBA for the same sequence number recordings for
all three locations.
    S7.1.4 Compare the average overall SPL for the left and right side
of the test vehicle to determine which is lower.
    (a) Document the maximum overall SPL values in each of the eight
acoustic data files (four left side files and four right side files)
identified in S7.1.3.
    (b) Correct each of the eight SPL values from S7.1.4(a) according
to S6.7 using the ambient sound level recorded during the test. The
results will be reported to the nearest tenth of a decibel.
    (c) Calculate a left-side average and a right-side average from the
ambient-corrected overall SPL values from S71.4(b), and determine the
lower of the two sides. The result will be reported to the nearest
tenth of a decibel.
    (d) If the left-side value from S7.1.4(c) is the lower one, then
the left side acoustic data will be further evaluated for compliance at
the one-third octave band levels in accordance with S7.1.5. If the
left-side value from S7.1.4(c) is not the lower one, the right-side
acoustic data will be further evaluated for compliance at the one-third
octave band level in accordance with S7.1.5.
    S7.1.5 Select one-third octave bands to be used for evaluating
compliance with detection requirements.
    (a) For each of the four left-side or right-side acoustic files,
which ever was selected in S7.1.4, determine the sound pressure level
in each one-third octave band from 315 Hz up to and including 5000 Hz.
    (b) Correct the one-third octave band levels in all four sound
files to adjust for the ambient sound level recorded during the test
according to paragraph S6.7.
    (c) For each one-third octave band, average the corrected levels
from the four sound files. The results will be reported to the nearest
tenth of a decibel.
    (d) For alerts designed to meet the four one-third octave band
alert sound requirements:
    (i) Select any four one-third octave bands that are non-adjacent to
each other and that span a range of at least nine one-third octave
bands in the range of 315 Hz up to and including 5000 Hz to evaluate
according to paragraph S7.1.5(d)(ii). This step will be repeated until
compliance is established or it is determined that no combination
meeting this selection criterion can satisfy paragraph S7.1.5(d)(ii).
    (ii) Compare the average corrected sound pressure level from
S7.1.5(c) of this paragraph in each of the four one-third octave bands
selected in paragraph S7.1.5(d)(i) to the required minimum level of the
corresponding one-third octave band specified in paragraph S5.1.1,
Table 1, to determine compliance.
    (e) For alerts designed to meet the two-one-third octave band
requirements:
    (i) Select the two highest one-third octave bands that are non-
adjacent to each other and within the range of 315 Hz up to and
including 3150 Hz to evaluate according to paragraph (ii), below. This
step will be repeated until compliance is established or it is
determined that no combination meeting this selection criterion can
satisfy paragraph S7.1.5(e)(ii).
    (ii) Compare the average corrected sound pressure level from (c) in
each of the two one-third octave bands selected in paragraph
S7.1.5(e)(i) to the required minimum level of the corresponding one-
third octave band specified in paragraph S5.2 Table 6. Also, compare
the band sum of the two bands to the required minimum level in Table 6.
    S7.1.6 Procedure for selected one-third octave bands to be used for
evaluating compliance with directivity requirements.
    (a) Determine the one-third octave band levels associated with the
four front center sound files selected in S7.1.3.
    (b) The identified one-third octave band levels in each of the four
sound files will be corrected for the measured ambient levels as
specified in paragraph S6.7.
    (c) The four corrected sound pressure level values calculated from
each of the four sound files in each one-third octave band will be
averaged together to get the average corrected sound pressure level in
each one-third octave band.
    (d) For alerts designed to meet the four one-third octave band
requirements.
    (i) Select any four one-third octave bands that are non-adjacent to
each other and that span a range of at least nine one-third octave
bands in the range of 315 Hz up to and including 5000 Hz to evaluate
according to paragraph S7.1.6(d)(ii). This step will be repeated until
compliance is established or it is determined that no combination
meeting this selection criterion can satisfy paragraph S7.1.6(d)(ii).
    (ii) Compare the average corrected sound pressure level from (c) of
this paragraph in each of the four one-third octave bands selected in
paragraph S7.1.6(d)(i) to the required minimum level of the
corresponding one-third octave band specified in paragraph S5.1.1,
Table 1, to determine compliance.
    (e) For alerts designed to meet the two one-third octave band
requirements.
    (i) Select the two highest one-third octave bands that are non-
adjacent to each other and within the range of 315 Hz up to and
including 3150 Hz to evaluate according to paragraph (ii), below. One
band shall be below 1000 Hz and one band shall be at or greater than
1000 Hz. This step will be repeated until compliance is established or
it is determined that no combination meeting this selection criterion
can satisfy paragraph S7.1.6(e)(ii).
    (ii) Compare the average corrected sound pressure level from
S7.1.6(c) of this paragraph in each of the two one-third octave bands
selected in paragraph S7.1.6(e)(i) to the required minimum level of the
corresponding one-third octave band specified in paragraph S5.2 Table
6. Also, compare the band sum of the two bands to the required minimum
level in Table 6.
    S7.2 Reverse. Test the vehicle per S7.1 (S7.1.1-S7.1.5), except
that the rear plane of the vehicle is placed on line PP', no third
microphone (front center) is used, and the vehicle's gear selector is
placed in ``Reverse.''
    S7.3 Constant speed pass-by tests at speeds greater than 0 km/h but
less than 20 km/h.
    S7.3.1 Execute pass-by tests at 11km/h (+/-1 km/h) and collect
acoustic sound files.
    (a) For each test, measure the sound emitted by the test vehicle
while at a constant speed of 11km/h (+/- 1km/h) throughout the
measurement zone specified in S6.4 between lines AA' and PP'. Execute
multiple test runs at 11km/h (+/-1km/h) to acquire at least four valid
tests within 2dBA in accordance with S7.3.2 and S7.3.3.
    (b) During each test, record a left (driver's side) and a right
(passenger side) acoustic sound file.
    S7.3.2 Eliminate invalid tests and acoustic sound files
    (a) Determine validity of sound files collected during S7.3.1
tests. Measurements that contain any distinct, transient, background
sounds (e.g., chirping birds, overhead planes, car doors being slammed,
etc.) are considered invalid. Measurements that contain sounds emitted
by any vehicle system that is automatically activated and constantly
engaged during the entire performance test are considered valid.
Measurements that contain sound

emitted by any vehicle system that is automatically activated, and
intermittently engaged at any time during the performance test, are
considered invalid. Additionally, when testing a hybrid vehicle with an
internal combustion engine that runs intermittently during a specific
test, measurements that contain sound emitted by the ICE are considered
invalid. A valid test requires both a valid left side and a valid right
side acoustic sound file.
    (b) Tests which are deemed valid will be numbered sequentially
based upon the chronological order in which they were collected. Sound
files will retain their test sequence number and their association with
the left side or right side microphone.
    S7.3.3 Identify ``first four valid tests within 2 dBA''.
    (a) For each valid test sound file identified in S7.3.2, determine
a maximum overall SPL value, in decibels. The SPL value will be
reported to the nearest tenth of a decibel.
    (b) Compare the first four left side maximum overall SPL values. Of
the four SPL values calculate the difference between the largest and
smallest maximum SPL values. The same process will be used to determine
the difference between the largest and smallest maximum SPL values for
the first four right side maximum SPL values. If the difference values
on the left and right sides of the test vehicle are both less than or
equal to 2.0 dB, then the eight sound files associated with the first
four valid tests will be used for the final one-third octave band
evaluation in accordance with S7.3.4. and S7.3.5. If the first four
test sound files on each side of the vehicle are not within 2 dBA, an
iterative process will be used to consider sound files from additional
sequential tests until the range for both microphone locations are
within 2 dBA for the same sequence number recordings for both
locations.
    S7.3.4 Determine average overall SPL value on each side (left and
right) of test vehicle.
    (a) Document the maximum overall SPL value in decibels for each of
the eight acoustic sound data files (four left-side files and four
right-side files) identified in S7.3.3.
    (b) Each of the eight acoustic sound data file maximum overall SPL
values will be corrected for the recorded ambient conditions as
specified in paragraph S6.7. The test results will be reported to the
nearest tenth of a decibel.
    (c) Calculate the average of the four overall ambient-corrected SPL
values on each side of the vehicle to derive one corrected maximum
overall SPL value for each side of the vehicle. The result will be
reported to the nearest tenth of a decibel.
    (d) The side of the vehicle with the lowest average corrected
maximum overall SPL value will be the side of the vehicle that is
further evaluated for compliance at the one-third octave band levels in
accordance with S7.3.5.
    S7.3.5 Complete one-third octave band evaluation for compliance
verification.
    (a) The side of the vehicle selected in S7.3.4 will have four
associated individual acoustic sound data files. Each sound file shall
be broken down into its one-third octave band levels.
    (b) The identified octave band levels in each of the four sound
files will be corrected for the measured ambient levels as specified in
paragraph S6.7.
    (c) The four corrected sound pressure level values calculated from
each of the four sound files in each one-third octave band will be
averaged together to get the average corrected sound pressure level in
each one-third octave band.
    (d) For alerts designed to meet the four one-third octave band
requirements.
    (i) Select any four one-third octave bands that are non-adjacent to
each other and that span a range of at least nine one-third octave
bands in the range of 315 Hz up to and including 5000 Hz to evaluate
according to paragraph S7.3.5(d)(ii). This step will be repeated until
compliance is established or it is determined that no combination
meeting this selection criterion can satisfy paragraph S7.3.5(d)(ii).
    (ii) Compare the average corrected sound pressure level from
S7.3.5(c) in each of the four one-third octave bands selected in
paragraph S7.3.5(d)(i) to the required minimum level of the
corresponding one-third octave band specified in paragraph S5.1.3,
Table 3, to determine compliance.
    (e) For alerts designed to meet the two one-third octave band
requirements.
    (i) Select the two highest one-third octave bands that are non-
adjacent to each other and within the range of 315 Hz up to and
including 3150 Hz to evaluate according to paragraph S7.3.5(e)(ii).
This step will be repeated until compliance is established or it is
determined that no combination meeting this selection criterion can
satisfy paragraph S7.3.5(e)(ii).
    (ii) Compare the average corrected sound pressure level from
S7.3.5(c) in each of the two one-third octave bands selected in
paragraph S7.3.5(e)(i) to the required minimum level of the
corresponding one-third octave band specified in paragraph S5.2 and
Table 6. Also, compare the band sum of the two bands to the required
minimum level in Table 6.
    S7.3.6 Repeat S7.3.1-S7.3.5 using any other constant vehicle speed
equal to or greater than 10 km/h but less than 20 km/h.
    S7.4 Constant speed pass-by tests at speeds greater than or equal
to 20 km/h but less than 30 km/h. Repeat the test of S7.3 at 21 km/h
(+/-1km/h). In S7.3.6, the 21km/h (+/-1km/h) test speed can be replaced
using any constant speed greater than or equal to 20 km/h but less than
30 km/h.
    S7.5 Constant speed pass-by tests at 30 km/h. Repeat the test of
S7.3 at 31 km/h (+/-1km/h)
    S7.6 Relative volume change. The valid test run data selected for
each critical operating scenario in S7.1 (S7.1.5(c)), S7.3 (S7.3.5(c)),
S7.4 and S7.5 will be used to derive relative volume change as required
in S5.4 as follows:
    S7.6.1 Calculate the average sound pressure level for each of the
13 one-third octave bands (315 Hz to 5000 Hz) using the four valid test
runs identified for each critical operating scenario from S7.1.3 and
S7.3.3 (stationary, 10 km/h (11+/-1km/h), 20 km/h (21+/-1km/h), and 30
km/h (31+/-1km/h)).
    S7.6.2 For each critical operating scenario, normalize the levels
of the 13 one-third octave bands by subtracting the corresponding
minimum SPL values specified in Table 1 for the stationary operating
condition from each of the one-third octave band averages calculated in
S7.6.1.
    S7.6.3 Calculate the NORMALIZED BAND SUM for each critical
operating scenario (stationary, 10 km/h (11+/-1km/h), 20 km/h (21+/-
1km/h), and 30 km/h (31+/-1km/h)) as follows:
[GRAPHIC] [TIFF OMITTED] TR14DE16.019

Where:

i represents the 13 one-third octave bands and Normalized Band
Leveli is the normalized one-third octave band value derived in
S7.6.2.

    S7.6.4 Calculate the relative volume change between critical
operating scenarios (stationary to 10km/h; 10km/h to 20 km/h; 20km/h to
30 km/h) by subtracting the NORMALIZED BAND SUM of the lower speed
operating scenario from the NORMALIZED BAND SUM of the next higher
speed operating scenario. For example, the relative volume change
between 10 km/h (11+/-1km/h) and 20 km/h (21+/-1km/h) would be the
NORMALIZED BAND SUM level at 21+/-1km/h minus the NORMALIZED BAND SUM
level at 11+/-1km/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 Hybrid and Electric Vehicles manufactured on or after
September 1, 2018, and before September 1, 2019. For hybrid and
electric vehicles to which this standard applies manufactured on or
after September 1, 2018, and before September 1, 2019, except vehicles
produced by small volume manufacturers, the quantity of hybrid and
electric vehicles complying with this safety standard shall be not less
than 50 percent of one or both of the following:
    (a) A manufacturer's average annual production of hybrid and
electric vehicles on and after September 1, 2015, and before September
1, 2018;
    (b) A manufacturer's total production of hybrid and electric
vehicles on and after September 1, 2018, and before September 1, 2019.
    S9.2 Hybrid and Electric Vehicles manufactured on or after
September 1, 2019. All hybrid and electric vehicles to which this
standard applies manufactured on or after September 1, 2019, shall
comply with this safety standard.

0
4. Section 571.500 is amended by adding paragraph S5.(b)(12) to read as
follows:

Sec.  571.500  Standard No. 500; Low-speed vehicles.

* * * * *
    S5.(b) * * *
    (12) An alert sound as required by Sec.  571.141.
* * * * *

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, and low-speed vehicles 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, and
low-speed vehicles subject to the phase-in requirements of Sec.
571.141, S9.1 Hybrid and Electric Vehicles manufactured on or after
September 1, 2018, and before September 1, 2019.

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, and hybrid vehicle are used as defined in
Sec.  571.141 of this chapter.

Sec.  585.132   Response to inquiries.

    At any time during the production year ending 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 the production year ending 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 (b) 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 hybrid vehicles and electric 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.

    Issued on November 10, 2016 in Washington, DC, under authority
delegated in 49 CFR 1.95 and 501.5.
Mark R. Rosekind,
Administrator.
[FR Doc. 2016-28804 Filed 12-13-16; 8:45 am]
 BILLING CODE 4910-59-P