limited wheel lock in S6.9.1(d) is implied in the subsequent procedures
where it is stated that wheel lock shall not occur. Harley-Davidson
requested that, if section S6.9.1(d) is in fact intended to define the
term ``wheel lock'' generally for the whole safety standard, then the
``Wheel Lock'' definition in section S4 of the rule should be modified
appropriately. The MIC also noted that the description of the term
``wheel lock'' in S6.9.1(d) is confusing given its use in subsequent
paragraphs of S6.9.\91\
---------------------------------------------------------------------------

    \90\ Harley-Davidson Comments, Docket No. NHTSA-2008-0150-0012
at 4.
    \91\ MIC Comments, Docket No. NHTSA-2008-0150-0017.1 at 3.
---------------------------------------------------------------------------

    Agency Response: The limitation on ``wheel lock'' given in
paragraph S6.9.1(d) is meant to apply to all of the ABS test procedures
of section S6.9. NHTSA's intention was to permit in each of the test
procedures the small degree of wheel lock that is typical of ABS
operation, but to prohibit any greater degree of wheel lock. As
explained in the NPRM, ``the regulatory text includes that wheel lock
is allowed as long as the stability of the motorcycle is not affected
to the extent that it requires the operator to release the control or
causes the motorcycle to pass outside the test lane.'' \92\ What NHTSA
meant there was that in each of the S6.9 ABS test procedures (i.e., in
S6.9.3, S6.9.4, S6.9.5, S6.9.6, and S6.9.7) where it specifies ``there
shall be no wheel lock,'' the limited degree of wheel lock allowed for
in S6.9.1(d) is permitted. To make this clearer, we have modified the
appropriate text of each of those procedures as follows (added text is
italicized): ``There shall be no wheel lock except as provided in
section S6.9.1(d) and the vehicle wheels shall stay within the test
lane.''
---------------------------------------------------------------------------

    \92\ See FMVSS No. 122 NPRM, 73 FR at 54031.
---------------------------------------------------------------------------

    However, we disagree with Harley-Davidson's suggestion that the
definitional language associated with wheel lock in section S6.9.1(d)
should be added to the general definition of wheel lock in section S4
of FMVSS No. 122. The limited wheel lock allowed specifically in ABS
tests is not allowable in other brake test procedures in the safety
standard, particularly where a motorcycle is not equipped with ABS.
Therefore, we are not amending the definition of the term ``Wheel
Lock'' in section S4 of the regulatory text.
3. Tests With ABS Electrical Failure
    As noted above, the proposed ABS performance tests included a test
procedure to measure performance in the event of ABS electrical
failure. Harley-Davidson pointed out in its comments that proposed
section S6.9.8, Stops with an ABS electrical failure, requires the same
test procedure as section S6.3, Dry Stop Test--Single brake control
actuated, in the test sequence laid out in the FMVSS No. 122
proposal.\93\ Harley-Davidson stated that, for a motorcycle with
optional ABS, a test conducted under section S6.3 on a non-ABS-equipped
version of the motorcycle is equivalent to a test conducted under
section S6.9.8 on the motorcycle's ABS-equipped counterpart. Harley-
Davidson requested that NHTSA permit the result of the S6.3 test be
used for the S6.9.8 test, i.e., to allow non-ABS portions of the test
sequence to be used to certify both non-

ABS and ABS versions of the same motorcycle.
---------------------------------------------------------------------------

    \93\ Harley-Davidson Comments, Docket No. NHTSA-2008-0150-0012
at 3-4.
---------------------------------------------------------------------------

    Agency Response: We are adopting the ABS electrical failure test
procedure as proposed. The tests in S6.9.8 and S6.3 would be redundant
only if ABS-equipped and non-ABS-equipped versions of a motorcycle were
otherwise identical and, only if they have identical braking
performance under ABS-disabled conditions. Although Harley-Davidson's
products may fit this description, it is not necessarily true for all
manufacturers. A manufacturer may decide at its own discretion to
certify a motorcycle to section S6.9.8 based upon results of tests
conducted under section S6.3, but we do not believe these circumstances
are necessarily typical.
    Furthermore, there is the question of test sequencing. A
manufacturer has to certify that an ABS-equipped motorcycle can meet
S6.9.8 after undergoing all preceding tests, including S6.3, when
conducted in the order specified in the standard. For these reasons, we
elect not to make any changes to the rule in this regard.
4. Other ABS-Related Comments
    Statistical Study of ABS Effectiveness. The Insurance Institute for
Highway Safety (IIHS) comment discussed its 2008 statistical study in
which the IIHS estimated ABS effectiveness by analyzing motorcycle
fatal crash data.\94\ By comparing fatal crash frequency of ABS-
equipped and non-ABS-equipped motorcycles, the IIHS concluded that ABS
reduces fatal crash involvement significantly. IIHS commented that a
related study by the Highway Loss Data Institute indicated that ABS
also reduces collision losses significantly. The IIHS further stated
that ``[t]he importance of equipping motorcycles with ABS increases as
motorcycling continues to grow in popularity.'' The IIHS stated that it
supports the proposed strengthening of FMVSS No. 122 and urged NHTSA to
consider further changes to encourage or require ABS on all
motorcycles.
---------------------------------------------------------------------------

    \94\ Insurance Institute for Highway Safety Comments, Docket No.
NHTSA-2008-0150-0015.1.
---------------------------------------------------------------------------

    Agency Response: NHTSA is well acquainted with the IIHS statistical
study. NHTSA has not yet determined what action we might take in the
area of advanced motorcycle braking. The agency may explore the
possibility of mandating ABS on motorcycles as a requirement in FMVSS
No. 122 as suggested by IIHS in a future rulemaking.
    SMO-based ABS. The comment of SMO Group, L.L.C. (SMO), described a
patented type of anti-lock system called Sliding Mode Observer ABS.\95\
SMO stated that this type of ABS is licensed for non-commercial
aircraft and uses the same hardware as current motorcycle ABS. SMO
commented that the system can more accurately maintain wheel slip close
to the optimal level by using sensing and control algorithms different
from those of conventional ABS. The company stated that, in computer
simulations of aircraft and rail applications, instead of the actual
friction coefficient varying between  5% of the peak
coefficient of friction, as with currently available ABS, the SMO-based
system can keep within  0.5% of the peak level friction
coefficient.
---------------------------------------------------------------------------

    \95\ SMO Group, L.L.C. Comments, Docket No. NHTSA-2008-0150-
0013.1.
---------------------------------------------------------------------------

    Agency Response: While we appreciate SMO's comment, the company
provided few details about the Sliding Mode Observer system and did not
include test data of any kind to substantiate their claims of improved
ABS performance. Therefore, we have no basis for evaluating whether
such a system improves significantly on current motorcycle ABS systems.
    Furthermore, SMO did not make any specific request relating to
NHTSA's proposed rule, such as changes to the regulatory text. SMO
generally did not comment on NHTSA's effort to harmonize with the GTR
other than to say that it would like to discuss its patented braking
technology with NHTSA. As such, we are not making any changes to the
updated FMVSS No. 122 regulatory text in response to this comment.
    Regulatory Text Typographical Error. The MIC pointed out in its
comments that there appeared to be some proposed regulatory text
missing at paragraph S<IP_ADDRESS>(a), Test Surfaces.
    Agency Response: We agree with the MIC that there was an omission
in that paragraph of proposed regulatory text. We have revised
paragraph S<IP_ADDRESS>(a) to specify that the test surface condition should
be the ``[h]igh friction or low friction surface, as applicable.''

H. Partial Failure Test--Split Service Brake System

    We are adopting the proposed partial failure test applicable to
motorcycles equipped with split service brake systems, with the
exception of the minor corrections explained below, for the reasons
explained here and in the NPRM. The purpose of this test is to ensure
that, in the event of a pressure component leakage failure in one of
the hydraulic subsystems, a minimum level of braking performance is
still available in the remaining hydraulic subsystem to allow the rider
to bring the motorcycle to a stop. As explained in the NPRM, the
proposed service brake system partial failure test was not
substantially different from the current FMVSS No. 122 test. Its
statement of applicability was modified to use the newly proposed
motorcycle categories. Also, S<IP_ADDRESS>(a)(2) was written to require a
warning lamp to be activated, without actuation of the brake control,
when the brake fluid level in the master cylinder reservoir falls below
the greater of two levels. However, the conjunction ``and'' rather than
``or'' was incorrectly used in the proposed regulatory text between the
two levels. This has been corrected.
    The MIC pointed out in its comments that one of the proposed
performance requirements for this test, proposed paragraph S6.10.4(a),
required the braking system to comply with the failure warning
requirements ``set out in paragraph 3.1.11'' when the test was
performed with one of the subsystems deactivated. The MIC noted that
the reference to paragraph 3.1.11 was incorrect, and suggested instead
that the regulatory text should have referred to paragraph S5.1.10.
    Agency Response: We agree that the reference to ``paragraph
3.1.11'' in proposed S6.10.4(a) was inadvertently copied from the GTR
regulatory text. The correct reference to the failure warning
requirements in the FMVSS No. 122 regulatory text is S<IP_ADDRESS>, Split
service brake system warning lamps, and we have amended the regulatory
text in this final rule accordingly.

I. Power-Assisted Braking System Failure Test

    Since no commenter mentioned the proposed power-assisted braking
system failure test, this final rule adopts the test as proposed, for
the reasons explained in the NPRM. The new power-assisted braking
system failure test does not require power-assisted braking systems but
does contain performance requirements for when such brake systems fail,
to ensure minimum brake system performance in motorcycles that are so
equipped. The current FMVSS No. 122 does not have any performance
requirements to test the failure of a power-assisted braking system
because the application of power-assisted braking systems on
motorcycles is relatively new. Certifying to the performance
requirement is not required if the motorcycle is equipped with another
separate service brake system that operates without power-assist.

V. Other Comments and Technical Amendments

A. Labeling Requirements

    The proposed regulatory text in the NPRM did not include a few
labeling requirements that were in FMVSS No. 122, since the GTR did not
cover labeling. Since we still believe these labeling requirements are
useful, and did not intend to remove those labeling requirements in
updating FMVSS No. 122, we are including them in the final rule. We
believe this will not be burdensome for motorcycle manufacturers
because they are already including these labels on the relevant pieces
of motorcycle equipment.
    Currently, FMVSS No. 122 requires a brake fluid warning label to be
provided on the brake fluid reservoir.\96\ FMVSS No. 122 also requires
that a label be provided for the brake failure indicator lamp.\97\
These required labels identify important safety features and safety-
related information, and they have longstanding applicability in FMVSS
No. 122.
---------------------------------------------------------------------------

    \96\ 49 CFR 571.122, S<IP_ADDRESS> (2009).
    \97\ 49 CFR 571.122, S<IP_ADDRESS>(d) (2009).
---------------------------------------------------------------------------

    For the fluid reservoir label, we have inserted new language in the
regulatory text under the general requirements section S5.1.9,
Hydraulic Service Brake System. The new subsection, S5.1.9(d), closely
reflects the requirements in section S<IP_ADDRESS> of the existing FMVSS No.
122 safety standard. This new subsection identifies the wording,
location, and other characteristics of the warning statement.
Specifically, it requires that the warning statement: (1) Have
lettering at least 3/32 of an inch high; (2) that it be located on or
within 4 inches of the filler cap so as to be visible by direct
viewing; and (3) that it be permanently affixed and of a contrasting
color, or else be either engraved or embossed.
    As for labeling of the failure indicator lamp, this lamp is
required for split-service brake systems and ABS-equipped brake
systems, as specified in section S5.1.10 of the updated FMVSS No. 122
regulatory text. However, the label should be different for each of
those types of brake systems. Consequently, the warning lamp label
specifications for split service brake systems are listed separately
from those for ABS-equipped systems.
    For split service systems, we have inserted new paragraph
S<IP_ADDRESS>(c) which requires each indicator lamp to have the legend
``Brake Failure'' on or adjacent to it in letters not less than 3/32 of
an inch high that shall be legible to the driver in daylight when
lighted. This is identical to the current FMVSS No. 122 failure
indicator lamp label requirement in paragraph S<IP_ADDRESS>(d).
    Since the existing FMVSS No. 122 did not have ABS performance
requirements, there were no existing labeling requirements for ABS
failure in FMVSS No. 122. The GTR, and NPRM, did specify that all
motorcycles equipped with ABS must also be fitted with a yellow warning
lamp to activate whenever there is a malfunction that affects the
generation or transmission of signals in the motorcycle's ABS system.
However, consistent with other FMVSS addressing ABS system failure,\98\
and consistent with the FMVSS that governs and standardizes control,
telltales, and indicators, FMVSS No. 101, Controls and Displays,
motorcycle brake ABS system failure should be indicated with the words
``Antilock'' or ``Anti-lock'' or ``ABS.'' \99\ For ABS-equipped
systems, we have modified section S<IP_ADDRESS> by breaking the existing
proposed text of that section into two paragraphs, identified as
``(a)'' and ``(b),'' and by adding the label requirement under new
paragraph ``(c)'' which specifies: ``The indicator shall be labeled in
letters at least 3/32 of an inch high with the words `Antilock' or
`Anti-lock' or `ABS' in accordance with Table 1 of Standard No. 101 (49
CFR 571.101).''
---------------------------------------------------------------------------

    \98\ See, e.g., 49 CFR 571.121, S<IP_ADDRESS> (2009).
    \99\ See, e.g., 49 CFR 571.101, Table 1 (2009).
---------------------------------------------------------------------------

B. Versions of ASTM Standards

    ASTM International commented that NHTSA's proposal makes reference
to a version of an ASTM standard that is not the latest version.\100\
The proposal refers to version E1337-90(2002) of ASTM's ``Standard Test
Method for Determining Longitudinal Peak Braking Coefficient of Paved
Surfaces Using Standard Reference Test Tire.'' ASTM pointed out that
there is a more recent version, ASTM E1337-90(2008). ASTM asked that
references to ASTM standards be done in a way that does not cite any
particular version, so that the latest version will always be
applicable. Specifically, ASTM requested that NHTSA reference the
``Standard Test Method for Determining Longitudinal Peak Braking
Coefficient of Paved Surfaces Using Standard Reference Test Tire'' only
as ``ASTM E1137.'' ASTM's comment also would apply to another standard,
ASTM E1136, ``Standard Specification for A Radial Standard Reference
Tire.'' The NPRM proposed to refer to the ASTM E1136-93(2003) version
of that standard.
---------------------------------------------------------------------------

    \100\ ASTM International Comments, Docket No. NHTSA-2008-0150-
0011.1.
---------------------------------------------------------------------------

    Agency Response: We are unable to accede to ASTM's request.
Incorporation of industry standards or other materials by reference
into the Code of Federal Regulations can only be accomplished with the
approval of the Director of the Office of the Federal Register,
National Archives and Records Administration.\101\ The Office of the
Federal Register requires regulatory text that incorporates industry
standards or other materials by reference to identify the standard or
material to be incorporated by title, date, edition, author, publisher,
and identification number of the publication.\102\
---------------------------------------------------------------------------

    \101\ Congress authorized incorporation by reference, only with
the approval of the Director of the Federal Register, in the Freedom
of Information Act to reduce the volume of material published in the
Federal Register and Code of Federal Regulations. 5 U.S.C. 552, as
amended by Public Law 104-231, 100 Stat. 3048 (1996).
    \102\ National Archives and Records Administration, Office of
the Federal Register, Federal Register Document Drafting Handbook,
Sec.  6.4 (October 1998 Revision), available at http://www.archives.gov/federal-register/write/resources.html (last
accessed May 14, 2010).
---------------------------------------------------------------------------

    Further, from a compliance standpoint, it is important to reference
a specific version of an industry standard, such as an ASTM procedure,
so that regulated entities are on notice regarding the version of the
industry recommended practice to which they will be held accountable
under a Federal safety standard. NHTSA cannot reference an industry
standard in such a way that the underlying procedures in a Federal
safety standard are subject to being changed unilaterally, and without
notice, by an independent entity such as ASTM. Otherwise, the
requirements of the FMVSS could be changed without NHTSA's or the
public's knowledge or approval, and without the prerequisite
administrative process including public notice and comment. We will,
however, reference the 2008 version of ASTM E1136-93, as it is
unchanged from the 2003 version.

C. Terminology

    The MIC commented that NHTSA should substitute the word used to
reference a type or category of motorcycle, ``type,'' as it was used in
S5.1, Brake System Requirements, with the word ``category.''\103\
---------------------------------------------------------------------------

    \103\ MIC Comments, Docket No. NHTSA-2008-0150-0017.1 at 3.
---------------------------------------------------------------------------

    Agency Response: Since the latter term is the one used in the
definitions of the five different types of motorcycles in S4,
Definitions, we agree with this change and have revised the regulatory
text accordingly.

VI. Compliance Date

    The NPRM explained that NHTSA had tentatively determined that
virtually all of the current motorcycle fleet would comply with the
proposal, if made final. Therefore, we proposed to make the upgraded
requirements mandatory at the beginning of the first September that is
two full years after publication of a final rule. The NPRM proposed
that optional early compliance would be permitted on and after 30 days
after the date of publication of a final rule in the Federal Register.
    Two commenters, Harley-Davidson and the MIC, requested that
additional lead time be allowed for phase-in of the amended FMVSS No.
122 requirements as they apply to three-wheeled motorcycles of category
3-5 \104\ as defined in both the GTR and the NPRM.\105\ They stated
that the proposal contains new brake system requirements for this type
of three-wheeler in that split-service or combined brakes will be
required instead of merely allowed. They requested an additional year
of lead time beyond the two-year minimum lead time of the proposal.
---------------------------------------------------------------------------

    \104\ Category 3-5 motorcycles are defined in S3 as motorcycles
``manufactured with three wheels symmetrically arranged in relation
to the longitudinal median plane with an engine cylinder capacity in
the case of a thermic engine exceeding 50 cm\3\ or whatever the
means of propulsion a maximum design speed exceeding 50 km/h.'' This
category includes primarily ``trikes'' and excludes motorcycles with
sidecars, which are category 3-4 motorcycles.
    \105\ MIC Comments, Docket No. NHTSA-2008-0150-0017.1 at 2;
Harley-Davidson Comments, Docket No. NHTSA-2008-0150-0012 at 1-2.
---------------------------------------------------------------------------

    Agency Response: We agree that some category 3-5 motorcycles
potentially will need re-engineering of their brake systems and that
additional lead time is appropriate. Therefore, for category 3-5
motorcycles, the updated FMVSS No. 122 promulgated in today's final
rule will be mandatory no later than the beginning of the first
September that is three full years after publication of today's final
rule. This will provide a total of at least three years of lead time
for category 3-5 motorcycles. For all other motorcycle categories,
compliance with the updated FMVSS No. 122 must occur no later than the
beginning of the first September that is two full years after
publication of today's final rule, as proposed in the NPRM.
    The precise compliance dates for each motorcycle category are set
forth, as applicable, in Sec.  571.122, S3. Optional early compliance
is permitted on and after 60 days after the date of publication of a
final rule in the Federal Register. The optional early compliance date
was changed from the 30 days proposed in the NPRM to coincide with the
date on which the text of the Code of Federal Regulations is amended.
To accommodate the extra year of lead time for category 3-5 motorcycles
and the optional early compliance, we are retaining the text of current
version of FMVSS No. 122 in a new Standard, FMVSS No. 122a. We are
amending paragraph S3 of the redesignated FMVSS No. 122a to limit its
applicability to motorcycles not certified to the new FMVSS No. 122.
    We are also including in this final rule a technical correction to
49 CFR 571.5. When NHTSA published a final rule in January 2012
consolidating all of the standards and practices that are incorporated
by reference in the FMVSSs into Sec.  571.5, the agency inadvertently
incorporated an incorrect version of ASTM E274-70, ``Skid Resistance of
Paved Surfaces Using a Full-Scale Tire,'' into FMVSS Nos. 105 and
122.\106\ The version that was incorporated by reference in January
2012 was the original 1970 version of the standard, which is different
from the version that had been previously incorporated by reference
into FMVSS Nos. 105 and 122, which includes editorial changes made in
July 1974. This final rule corrects this error, and incorporates the
correct version of ASTM E274-70 into FMVSS No. 105 and the newly
redesignated FMVSS No. 122a.
---------------------------------------------------------------------------

    \106\ 77 FR 751 (Jan. 6, 2012).
---------------------------------------------------------------------------

VII. Costs and Benefits

    Although this final rule adds and updates FMVSS No. 122 test
procedures, we anticipate that virtually all motorcycles sold in the
U.S. can meet the performance requirements in this final rule, and
thus, the agency has not been able to quantify safety benefits from the
proposal. However, NHTSA believes that the performance requirements
promulgated in today's final rule will help ensure the safety of
motorcycle brake systems and thus have a beneficial effect on safety.
The final rule includes several tests that will update and enhance
performance requirements--tests both at the fully loaded condition
(``laden'') and lightly-loaded vehicle weight, which ensure adequate
braking performance at the two extremes of the loading conditions; a
wet brake test that is more representative of the manner in which
brakes are wetted during real world riding in wet conditions; a variety
of ABS performance tests, for motorcycles so equipped, to ensure
adequate antilock performance during emergency braking or on slippery
road conditions; and a new test in the event of a failure in the power-
assisted braking system, if a motorcycle is so equipped.
    Moreover, as mentioned above, motorcycle manufacturers and,
ultimately, consumers both here and abroad can expect to achieve cost
savings through the formal harmonization of differing sets of standards
when the Contracting Parties to the 1998 Agreement implement the
Motorcycle Brake Systems GTR. Harmonization enables motorcycle
manufacturers to test their models to just one regulation/series of
tests to sell globally.
    We believe that, although the final rule adds some new requirements
to FMVSS No. 122 and replaces some test procedures and performance
requirements with ones based on more stringent standards used in
another national regulation, none of the new tests will result in
measurable costs to motorcycle purchasers. The rule includes
performance requirements that constitute the best practices from
various standards and regulations. Some of the tests, such as the wet
brake test, the ABS performance requirements, and the tests in the
loaded condition, are an upgrade to the existing FMVSS No. 122. But
current FMVSS No. 122 does not reflect the advancement of modern
braking technologies, and almost all motorcycles sold in the U.S. can
meet the performance requirements as proposed without any major design
changes. The agency believes that motorcycles sold in the U.S. market
can comply with the requirements of ECE Regulation No. 78 and JSS 12-61
without any modifications, and that motorcycles sold in the European
and Japanese markets can meet U.S. FMVSS No. 122. As a result, any
costs for design changes by motorcycle manufacturers to comply with the
final rule performance requirements are expected to be minimal and
would be offset by the elimination of some test procedures previously
in FMVSS No. 122. We expect that, for manufacturers who certify
compliance by conducting NHTSA's test procedures, the changes in the
compliance test procedures would result in a cost savings of less than
one-tenth of a cent per motorcycle.
    No commenter addressed the agency's assessment of costs and
benefits in the NPRM. However, we have considered Harley-Davidson's
comment that some three-wheeled motorcycles would need to have their
brake systems redesigned to meet the new brake system requirements for
category 3-5 motorcycles. We agree that a limited number of motorcycles
will need to be redesigned to comply with the upgraded FMVSS No. 122.
We estimate that about

8,000 category 3-5 motorcycles will need to be equipped with a split
service brake system, which includes a dual master cylinder. A 2004
NHTSA report estimate the cost of upgrading to a dual master cylinder
at a cost of $10.88 per motorcycle in 2002 dollars.\107\ Adjusting that
cost for inflation results in a cost of $13.38 in 2011 dollars. We
anticipate that, based on recent sales numbers of three-wheeled
motorcycles, approximately 8,000 motorcycles would need to be equipped
with a dual master cylinder. Thus, we believe that the total annual
cost of the upgrade necessary to the limited number of three-wheeled
motorcycles as a result of today's final rule is approximately
$107,040.
---------------------------------------------------------------------------

    \107\ Cost and Weight Added by the Federal Motor Vehicle Safety
Standards for Model Years 1968-2001 in Passenger Cars and Light
Trucks (NHTSA Report No. DOT HS 809 834), December 2004, p. 21-23.
---------------------------------------------------------------------------

VIII. Regulatory Analyses and Notices

A. Vehicle Safety Act

    Under 49 U.S.C. Chapter 301, Motor Vehicle Safety (49 U.S.C. 30101
et seq.), the Secretary of Transportation is responsible for
prescribing motor vehicle safety standards that are practicable, meet
the need for motor vehicle safety, and are stated in objective terms.
49 U.S.C. 30111(a). When prescribing such standards, the Secretary must
consider all relevant, available motor vehicle safety information. 49
U.S.C. 30111(b). The Secretary must also consider whether a proposed
standard is reasonable, practicable, and appropriate for the type of
motor vehicle or motor vehicle equipment for which it is prescribed and
the extent to which the standard will further the statutory purpose of
reducing traffic accidents and associated deaths. Id. Responsibility
for promulgation of Federal motor vehicle safety standards was
subsequently delegated to NHTSA. 49 U.S.C. 105 and 322; delegation of
authority at 49 CFR 1.50.
    The agency carefully considered these statutory requirements in
adopting these amendments to FMVSS No. 122. The amendments to FMVSS No.
122 are practicable. This document does not adopt significant changes
to the current performance requirements of FMVSS No. 122. Currently, we
believe that essentially all motorcycle brakes will meet or exceed the
performance criteria specified in the adopted test procedures.
Additionally, the amendments will harmonize the U.S. requirements with
the Motorcycle Brake Systems Global Technical Regulation.
    These amendments are appropriate for the vehicles subject to the
performance requirements. Today's final rule continues to exclude
motorcycles for which the requirements and test procedures are
impractical or unnecessary (e.g., low-speed motorcycles, categories 3-1
and 3-2, continue to be excluded from the heat fade test).
    Finally, the agency has determined that the amendments provide
objective procedures for determining compliance. The test procedures
have been evaluated by the agency, and we have determined that they
help achieve repeatable and reproducible results. Further, we are
adopting test procedures to provide improved objectivity to existing
performance requirements.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    NHTSA has considered the impacts of this rulemaking action under
Executive Order 12866, Executive Order 13563, and the Department of
Transportation's (DOT's) related policies and procedures. This
rulemaking is not considered significant and was not reviewed by the
Office of Management and Budget under E.O. 12866. Given the minimal
impacts of the proposed rule, we have not prepared a full regulatory
evaluation in accordance with the Department's Regulatory Policies and
Procedures.\108\ The factual basis supporting this finding is as
follows.
---------------------------------------------------------------------------

    \108\ Department of Transportation, Adoption of Regulatory
Policies and Procedures, 44 FR 11034 (Feb. 26, 1979).
---------------------------------------------------------------------------

    This final rule amends test procedures and performance
requirements, but would impose minimal additional costs on
manufacturers. We believe virtually all motorcycles presently
manufactured for the U.S. market can meet these new performance
requirements. Thus, this final rule is not expected to require design
changes to nearly all current motorcycles. As discussed in section VII
above, a limited number of three-wheeled motorcycles would need design
changes to include a dual master cylinder at a cost of $13.38 per
motorcycle in 2011 dollars. Thus, the total cost of this rule on the
motorcycle industry is expected to be approximately $107,040 per year.
    We have considered whether the new compliance tests NHTSA will
conduct under this final rule will result in additional costs to
certify motorcycles as compliant with these performance requirements.
The number of tests in the new test procedure (66) is less than the
number of tests in the existing FMVSS No. 122 test procedure (72), even
though this final rule adds additional tests for motorcycles equipped
with ABS. Not all motorcycles are equipped with ABS, and those
motorcycles will be subjected to fewer tests as we harmonize our
motorcycle braking standards with European and Japanese standards and
delete unnecessary tests. For example, this final rule eliminates a
reburnishing of the brakes in the existing FMVSS No. 122 test
procedure. We have determined that, for manufacturers that certify
compliance by conducting NHTSA's test procedures, this final rule would
result in a net cost savings of less than one-tenth of a cent per
motorcycle.
    NHTSA is not able to quantify direct safety benefits from this rule
in terms of the number of injuries and fatalities prevented. However,
this final rule adds braking tests for motorcycles with antilock
brakes. NHTSA believes that those tests will help ensure the safety of
motorcycle brake systems.

C. Executive Order 13132 (Federalism)

    NHTSA has examined today's final 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 final 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 rule.
Establishment of a higher standard by means of State tort law would not
conflict with the minimum standard announced here. Without any
conflict, there could not be any implied preemption of a State common
law tort cause of action.

D. Executive Order 13045

    Executive Order 13045 applies to any rulemaking that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental, health or
safety risk that NHTSA has reason to believe may have a
disproportionate effect on children.\109\ If the regulatory action
meets both criteria, we must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by us.
---------------------------------------------------------------------------

    \109\ Exec. Order No. 13045, 62 FR 19885 (Apr. 23, 1997).
---------------------------------------------------------------------------

    This rulemaking is not subject to the Executive Order because it is
not economically significant as defined in Executive Order 12866. It
also does not involve decisions based on health risks that
disproportionately affect children.

E. 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,''
requires that Executive agencies make every reasonable effort to ensure
that the regulation: (1) Specifies in clear language the preemptive
effect; (2) specifies in clear language the effect on existing Federal
law or regulation, including all provisions repealed, circumscribed,
displaced, impaired, or modified; (3) provides a clear legal standard
for affected conduct rather than a general standard, while promoting
simplification and burden reduction; (4) specifies in clear language
the retroactive effect; (5) specifies whether administrative
proceedings are to be required before parties may file suit in court;
(6) explicitly or implicitly defines key terms; and (7) addresses other
important issues affecting clarity and general draftsmanship of
regulations.\110\ This document is consistent with that requirement.
---------------------------------------------------------------------------

    \110\ Exec. Order No. 12988, 61 FR 4729 (Feb. 7, 1996).
---------------------------------------------------------------------------

    Pursuant to this Order, NHTSA notes as follows. The preemptive
effect of this proposed rule is discussed above. NHTSA notes further
that there is no requirement that individuals submit a petition for
reconsideration or pursue other administrative proceeding before they
may file suit in court.

F. 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).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule would not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule would not
have a significant economic impact on a substantial number of small
entities.
    We have considered the effects of this rulemaking action under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and certify that this
final rule will not have a significant economic impact on a substantial
number of small entities. The agency is not currently aware of any
motorcycle manufacturer that is considered a small business. The brake
systems installed on motorcycles are typically developed by one of the
major brake component suppliers, which are independent companies. There
are cases where the motorcycle manufacturer may perform some of the
brake system design and development in-house, and have the system
components manufactured by an outside supplier. NHTSA does not consider
any of these businesses to be small business entities that would be
significantly economically impacted by this rulemaking.

G. National Environmental Policy Act

    We have analyzed this proposed amendment for the purposes of the
National Environmental Policy Act and determined that it would not have
any significant impact on the quality of the human environment.

H. 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 Office of Management and Budget (OMB)
control number. The rule does not contain any new information
collection requirements.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) directs us to use voluntary consensus standards in
regulatory activities unless doing so would be inconsistent with
applicable

law or otherwise impractical.\111\ Voluntary consensus standards are
technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies, such as the Society of
Automotive Engineers (SAE) and the American Society for Testing and
Materials (ASTM). The NTTAA directs us to provide Congress, through
OMB, explanations when we decide not to use available and applicable
voluntary consensus standards.
---------------------------------------------------------------------------

    \111\ National Technology Transfer and Advancement Act of 1995
Sec.  12(d), 15 U.S.C. 272.
---------------------------------------------------------------------------

    ASTM E1136-93, Standard Specification for a Radial Standard
Reference Test Tire, and ASTM Method E1337-90, Standard Test Method for
Determining Longitudinal Peak Braking Coefficient of Paved Surfaces
Using a Standard Reference Test Tire, are incorporated by reference in
the regulatory text. This is consistent with the NTTAA because these
are industry voluntary consensus standards.

J. 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 in any one year (adjusted for inflation with base
year of 1995).\112\ Before promulgating a NHTSA rule for which a
written statement is needed, section 205 of the UMRA generally requires
us to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule.\113\
The provisions of section 205 do not apply when they are inconsistent
with applicable law. Moreover, section 205 allows us to adopt an
alternative other than the least costly, most cost-effective or least
burdensome alternative if we publish with the final rule an explanation
why that alternative was not adopted.
---------------------------------------------------------------------------

    \112\ Unfunded Mandates Reform Act of 1995 Sec.  202, 2 U.S.C.
1532.
    \113\ 2 U.S.C. 1535.
---------------------------------------------------------------------------

    Today's final rule will not impose any unfunded mandates under the
Unfunded Mandates Reform Act of 1995. This rulemaking does not meet the
definition of a Federal mandate because it would not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector. Thus, this rulemaking is not
subject to the requirements of sections 202 and 205 of the UMRA.

K. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.

L. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000.\114\ You may also visit http://www.regulations.gov/search/Regs/home.html#privacyNotice (last accessed May 17, 2010).
---------------------------------------------------------------------------

    \114\ Privacy Act of 1974: Systems of Records, 65 FR 19476,
19478 (Apr. 11, 2000).
---------------------------------------------------------------------------

List of Subjects in 49 CFR Part 571

    Incorporation by reference, Motor vehicle safety, Reporting and
recordkeeping requirements, Tires.
    In consideration of the foregoing, NHTSA amends 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 1.50.

0
2. Amend Sec.  571.5 by revising paragraphs (d)(29), (32), and (33),
redesignating paragraphs (i) through (l) as paragraphs (j) through (m),
and adding new paragraph (i) to read as follows:

Sec.  571.5  Matter incorporated by reference.

* * * * *
    (d) * * *
    (29) ASTM E274-70, ``Standard Method of Test for Skid Resistance of
Paved Surfaces Using a Full-Scale Tire,'' revised July 1974, into
Sec. Sec.  571.105; 571.122a.
* * * * *
    (32) ASTM E1136-93 (Reapproved 2003), ``Standard Specification for
a Radial Standard Reference Test Tire,'' approved March 15, 1993, into
Sec. Sec.  571.105; 571.121; 571.122; 571.126; 571.135; 571.139;
571.500.
    (33) ASTM E1337-90 (Reapproved 2008), ``Standard Test Method for
Determining Longitudinal Peak Braking Coefficient of Paved Surfaces
Using a Standard Reference Test Tire,'' approved June 1, 2008, into
Sec. Sec.  571.105; 571.121; 571.122; 571.126; 571.135; 571.500.
* * * * *
    (i) International Organization for Standardization (ISO), 1, ch. de
la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland. Telephone: +41
22 749 01 11. Fax: +41 22 733 34 30. Web site: http://www.iso.org/.
    (1) ISO 7117:1995(E), ``Motorcycles--Measurement of maximum
speed,'' Second edition, March 1, 1995, into Sec.  571.122.
    (2) [Reserved]
* * * * *

Sec.  571.122  [Redesignated as Sec.  571.122a]

0
3. Redesignate Sec.  571.122 as Sec.  571.122a and revise paragraph S3
to read as follows:

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

* * * * *
    S3. Application. This standard applies to motorcycles. However,
this standard does not apply to motorcycles certified to comply with
Sec.  571.122.
* * * * *

0
4. Add new Sec.  571.122 to read as follows:

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

    S1. Scope. This standard specifies requirements for motorcycle
service brake systems and, where applicable, associated parking brake
systems.
    S2. Purpose. The purpose of the standard is to ensure safe
motorcycle braking performance under normal and emergency riding
conditions.
    S3. Application. This standard applies to category 3-1 motorcycles,
category 3-2 motorcycles, category 3-3 motorcycles, and category 3-4
motorcycles manufactured on and after September 1, 2014. This standard
applies to category 3-5 motorcycles manufactured on and after September
1, 2015. At the manufacturer's option, any motorcycle manufactured on
or after October 23, 2012 may comply with this standard.

    S4. Definitions.
    Antilock brake system or ABS means a system which senses wheel slip
and automatically modulates the pressure producing the braking forces
at the wheel(s) to limit the degree of wheel slip.
    Baseline test means a stop or a series of stops carried out in
order to confirm the performance of the brake prior to subjecting it to
a further test such as the heating procedure or wet brake stop.
    Brake means those parts of the brake system where the forces
opposing the movement of the motorcycle are developed.
    Brake system means the combination of parts consisting of the
control, the brake, and the components that provide the functional link
between the control and the brake, but excluding the engine, whose
function it is to progressively reduce the speed of a moving
motorcycle, bring it to a halt, and keep it stationary when halted.
    Category 3-1 motorcycle means a two-wheeled motorcycle with an
engine cylinder capacity in the case of a thermic engine not exceeding
50 cubic centimeters (cm\3\) and whatever the means of propulsion a
maximum design speed not exceeding 50 kilometers per hour (km/h).
    Category 3-2 motorcycle means a three-wheeled motorcycle of any
wheel arrangement with an engine cylinder capacity in the case of a
thermic engine not exceeding 50 cm\3\ and whatever the means of
propulsion a maximum design speed not exceeding 50 km/h.
    Category 3-3 motorcycle means a two-wheeled motorcycle with an
engine cylinder capacity in the case of a thermic engine exceeding 50
cm\3\ or whatever the means of propulsion a maximum design speed
exceeding 50 km/h.
    Category 3-4 motorcycle means a motorcycle manufactured with three
wheels asymmetrically arranged in relation to the longitudinal median
plane with an engine cylinder capacity in the case of a thermic engine
exceeding 50 cm\3\ or whatever the means of propulsion a maximum design
speed exceeding 50 km/h. (This category definition is intended to
include motorcycles with sidecars.)
    Category 3-5 motorcycle means a motorcycle manufactured with three
wheels symmetrically arranged in relation to the longitudinal median
plane with an engine cylinder capacity in the case of a thermic engine
exceeding 50 cm\3\ or whatever the means of propulsion a maximum design
speed exceeding 50 km/h.
    Combined brake system or CBS means:
    (a) For motorcycle categories 3-1 and 3-3: a service brake system
where at least two brakes on different wheels are actuated by the
operation of a single control.
    (b) For motorcycle categories 3-2 and 3-5: a service brake system
where the brakes on all wheels are actuated by the operation of a
single control.
    (c) For motorcycle category 3-4: a service brake system where the
brakes on at least the front and rear wheels are actuated by the
operation of a single control. (If the rear wheel and the asymmetrical
wheel are braked by the same brake system, this is regarded as the rear
brake.)
    Control means the part actuated directly by the rider in order to
supply and regulate the energy required for braking the motorcycle.
    Driver mass means the nominal mass of a driver that equals 75 kg
(68 kg occupant mass plus 7kg of luggage mass).
    Engine disconnected means when the engine is no longer internally
connected to the driving wheel(s), i.e., the clutch is disengaged and/
or the transmission is in neutral.
    Gross vehicle mass means the maximum mass of the fully laden solo
vehicle, based on its construction and design performances, as declared
by the manufacturer.
    Initial brake temperature means the temperature of the hottest
brake before any brake application.
    Laden means the gross vehicle mass.
    Lightly loaded means mass in running order plus 15 kg for test
equipment, or the laden condition, whichever is less. In the case of
ABS tests on a low friction surface (paragraphs S6.9.4 to S6.9.7), the
mass for test equipment is increased to 30 kg to account for
outriggers.
    Mass in running order means the sum of unladen vehicle mass and
driver mass.
    Peak braking coefficient or PBC means the measure of tire-to-road
surface friction based on the maximum deceleration of a rolling tire.
    Power-assisted braking system means a brake system in which the
energy necessary to produce the braking force is supplied by the
physical effort of the rider assisted by one or more energy supplying
devices, for example vacuum assisted (with vacuum booster).
    Secondary brake system means the second service brake system on a
motorcycle equipped with a combined brake system.
    Service brake system means a brake system which is used for slowing
the motorcycle when in motion.
    Sidecar means a one-wheeled vehicle that is attached to the side of
a motorcycle.
    Single brake system means a brake system which acts on only one
axle.
    Split service brake system or SSBS means a brake system that
operates the brakes on all wheels, consisting of two or more subsystems
actuated by a single control designed so that a single failure in any
subsystem (such as a leakage type failure of a hydraulic subsystem)
does not impair the operation of any other subsystem.
    Stopping distance means the distance traveled by the motorcycle
from the point the rider begins to actuate the brake control to the
point at which the motorcycle reaches full stop. For tests where
simultaneous actuation of two controls is specified, the distance
traveled is taken from the point the first control is actuated.
    Test speed means the motorcycle speed measured the moment the rider
begins to actuate the brake control. For tests where simultaneous
actuation of two controls is specified, the motorcycle speed is taken
from the moment the first control is actuated.
    Unladen vehicle mass means the nominal mass of a complete vehicle
as determined by the following criteria:
    (a) Mass of the vehicle with bodywork and all factory fitted
equipment, electrical and auxiliary equipment for normal operation of
vehicle, including liquids, tools, fire extinguisher, standard spare
parts, chocks and spare wheel, if fitted.
    (b) The fuel tanks filled to at least 90 percent of rated capacity
and the other liquid containing systems (except those for used water)
to 100 percent of the capacity specified by the manufacturer.
    Vmax means either the speed attainable by accelerating at a maximum
rate from a standing start for a distance of 1.6 km on a level surface,
with the vehicle lightly loaded, or the speed measured in accordance
with International Organization for Standardization (ISO) 7117:1995(E)
(incorporated by reference; see Sec.  571.5).
    Wheel lock means the condition that occurs when there is 100
percent wheel slip.
    S5. General requirements.
    S5.1 Brake system requirements. Each motorcycle shall meet each of
the test requirements specified for a motorcycle of its category and
for those brake features on the motorcycle.
    S5.1.1 Service brake system control operation. Each motorcycle
shall have a configuration that enables a rider to actuate the service
brake system control while seated in the normal driving

position and with both hands on the steering control.
    S5.1.2 Secondary brake system control operation. Each motorcycle
shall have a configuration that enables a rider to actuate the
secondary brake system control while seated in the normal driving
position and with at least one hand on the steering control.
    S5.1.3 Parking brake system.
    (a) If a parking brake system is fitted, it shall hold the
motorcycle stationary on the slope prescribed in S6.8.2. The parking
brake system shall:
    (1) have a control which is separate from the service brake system
controls; and
    (2) be held in the locked position by solely mechanical means.
    (b) Each motorcycle equipped with a parking brake shall have a
configuration that enables a rider to be able to actuate the parking
brake system while seated in the normal driving position.
    S5.1.4 Two-wheeled motorcycles of categories 3-1 and 3-3. Each
category 3-1 and 3-3 two-wheeled motorcycle shall be equipped with
either two separate service brake systems, or a split service brake
system, with at least one brake operating on the front wheel and at
least one brake operating on the rear wheel.
    S5.1.5 Three-wheeled motorcycles of category 3-4. Each category 3-4
motorcycle shall comply with the brake system requirements in S5.1.4. A
brake on the asymmetric wheel (with respect to the longitudinal axis)
is not required.
    S5.1.6 Three-wheeled motorcycles of category 3-2. Each category 3-2
motorcycle shall be equipped with a parking brake system plus one of
the following service brake systems:
    (a) Two separate service brake systems, except CBS, which, when
applied together, operate the brakes on all wheels; or
    (b) A split service brake system; or
    (c) A CBS that operates the brake on all wheels and a secondary
brake system which may be the parking brake system.
    S5.1.7 Three-wheeled motorcycles of categories 3-5. Each category
3-5 motorcycle shall be equipped with:
    (a) A parking brake system; and
    (b) A foot actuated service brake system which operates the brakes
on all wheels by way of either:
    (1) A split service brake system; or
    (2) A CBS and a secondary brake system, which may be the parking
brake system.
    S5.1.8 Two separate service brake systems. For motorcycles where
two separate service brake systems are installed, the systems may share
a common brake, if a failure in one system does not affect the
performance of the other.
    S5.1.9 Hydraulic service brake system. For motorcycles that use
hydraulic fluid for brake force transmission, the master cylinder
shall:
    (a) Have a sealed, covered, separate reservoir for each brake
system; and
    (b) Have a minimum reservoir capacity equivalent to 1.5 times the
total fluid displacement required to satisfy the new to fully worn
lining condition with the worst case brake adjustment conditions; and
    (c) Have a reservoir where the fluid level is visible for checking
without removal of the cover.
    (d) Have a brake fluid warning statement that reads as follows, in
letters at least 3/32 of an inch high: Warning: Clean filler cap before
removing. Use only -------- fluid from a sealed container (inserting
the recommended type of brake fluid as specified in accordance with 49
CFR 571.116, e.g., ``DOT 3''). The lettering shall be:
    (1) Permanently affixed, engraved, or embossed;
    (2) Located so as to be visible by direct view, either on or within
4 inches of the brake-fluid reservoir filler plug or cap; and
    (3) Of a color that contrasts with its background, if it is not
engraved or embossed.
    S5.1.10 Warning lamps. All warning lamps shall be mounted in the
rider's view.
    S<IP_ADDRESS> Split service brake system warning lamps.
    (a) Each motorcycle that is equipped with a split service brake
system shall be fitted with a red warning lamp, which shall be
activated:
    (1) When there is a hydraulic failure on the application of a force
of <= 90 N on the control; or
    (2) Without actuation of the brake control, when the brake fluid
level in the master cylinder reservoir falls below the greater of:
    (i) That which is specified by the manufacturer; or
    (ii) That which is less than or equal to half of the fluid
reservoir capacity.
    (b) To permit function checking, the warning lamp shall be
illuminated by the activation of the ignition switch and shall be
extinguished when the check has been completed. The warning lamp shall
remain on while a failure condition exists whenever the ignition switch
is in the ``on'' position.
    (c) Each indicator lamp shall have the legend ``Brake Failure'' on
or adjacent to it in letters not less than 3/32 of an inch high that
shall be legible to the driver in daylight when lighted.
    S<IP_ADDRESS> Antilock brake system warning lamps.
    (a) Each motorcycle equipped with an ABS system shall be fitted
with a yellow warning lamp. The lamp shall be activated whenever there
is a malfunction that affects the generation or transmission of signals
in the motorcycle's ABS system.
    (b) To permit function checking, the warning lamp shall be
illuminated by the activation of the ignition switch and extinguished
when the check has been completed. The warning lamp shall remain on
while a failure condition exists whenever the ignition switch is in the
``on'' position.
    (c) The indicator shall be labeled in letters at least 3/32 of an
inch high with the words ``Antilock'' or ``Anti-lock'' or ``ABS'' in
accordance with Table 1 of Standard No. 101 (49 CFR 571.101).
    S5.2 Durability.
    S5.2.1 Compensation for wear. Wear of the brakes shall be
compensated for by means of a system of automatic or manual adjustment.
    S5.2.2 Notice of wear. The friction material thickness shall either
be visible without disassembly, or where the friction material is not
visible, wear shall be assessed by means of a device designed for that
purpose.
    S5.2.3 Testing. During all the tests in this standard and on their
completion, there shall be no friction material detachment and no
leakage of brake fluid.
    S5.3 Measurement of dynamic performance. There are two ways in
which brake system performance is measured. The particular method to be
used is specified in the respective tests in S6.
    S5.3.1 Stopping distance.
    (a) Based on the basic equations of motion:

S = 0.1[middot]V + (X) [middot]V\2\,

Where:

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

    (b) To calculate the corrected stopping distance using the actual
vehicle test speed, the following formula is used:

Ss = 0.1[middot]Vs + (Sa-0.1[middot]Va) [middot] Vs\2\/Va\2\,

Where:

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

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

    S5.3.2 Continuous deceleration recording. The other method used to
measure performance is the continuous

recording of the vehicle instantaneous deceleration from the moment a
force is applied to the brake control until the end of the stop.
    S6. Test conditions, procedures and performance requirements.
    S6.1 General.
    S6.1.1 Test surfaces.
    S<IP_ADDRESS> High friction surface. A high friction surface is used for
all dynamic brake tests excluding the ABS tests where a low-friction
surface is specified. The high-friction surface test area is a clean,
dry and level surface, with a gradient of <= 1 percent. The high-
friction surface has a peak braking coefficient (PBC) of 0.9.
    S<IP_ADDRESS> Low-friction surface. A low-friction surface is used for
ABS tests where a low-friction surface is specified. The low-friction
surface test area is a clean and level surface, which may be wet or
dry, with a gradient of <= 1 percent. The low-friction surface has a
PBC of <= 0.45.
    S<IP_ADDRESS> Measurement of PBC. The PBC is measured using the American
Society for Testing and Materials (ASTM) E1136-93 (Reapproved 2003)
standard reference test tire, in accordance with ASTM Method E1337-90
(Reapproved 2008), at a speed of 64 km/h (both publications
incorporated by reference; see Sec.  571.5).
    S<IP_ADDRESS> Parking brake system tests. The specified test slope has a
clean and dry surface that does not deform under the weight of the
motorcycle.
    S<IP_ADDRESS> Test lane width. For two-wheeled motorcycles (motorcycle
categories 3-1 and 3-3) the test lane width is 2.5 meters. For three-
wheeled motorcycles (motorcycle categories 3-2, 3-4 and 3-5) the test
lane width is 2.5 meters plus the vehicle width.
    S6.1.2 Ambient temperature. The ambient temperature is between 4
[deg]C and 45 [deg]C.
    S6.1.3 Wind speed. The wind speed is not more than 5 meters per
second (m/s).
    S6.1.4 Test speed tolerance. The test speed tolerance is  5 km/h. In the event of the actual test speed deviating from the
specified test speed (but within the  5 km/h tolerance),
the actual stopping distance is corrected using the formula in
S5.3.1(b).
    S6.1.5 Automatic transmission. Motorcycles with automatic
transmission shall meet all test requirements--whether they are for
``engine connected'' or ``engine disconnected.'' If an automatic
transmission has a neutral position, the neutral position is selected
for tests where ``engine disconnected'' is specified.
    S6.1.6 Vehicle position and wheel lock. The vehicle is positioned
in the center of the test lane for the beginning of each stop. Stops
are made without the vehicle wheels passing outside the applicable test
lane and without wheel lock.
    S6.1.7 Test sequence. Test sequence is as specified in Table 1.
    S6.2 Preparation.
    S6.2.1 Engine idle speed. The engine idle speed is set to the
manufacturer's specification.
    S6.2.2 Tire pressures. The tires are inflated to the manufacturer's
specification for the vehicle loading condition for the test.
    S6.2.3 Control application points and direction. For a hand control
lever, the input force (F) is applied on the control lever's forward
surface perpendicular to the axis of the lever fulcrum and its
outermost point on the plane along which the control lever rotates (see
Figure 1). The input force is applied to a point located 50 millimeters
(mm) from the outermost point of the control lever, measured along the
axis between the central axis of the fulcrum of the lever and its
outermost point. For a foot control pedal, the input force is applied
to the center of, and at right angles to, the control pedal.
    S6.2.4 Brake temperature measurement. The brake temperature is
measured on the approximate center of the facing length and width of
the most heavily loaded shoe or disc pad, one per brake, using a plug-
type thermocouple that is embedded in the friction material, as shown
in Figure 2.
    S6.2.5 Burnishing procedure. The vehicle brakes are burnished prior
to evaluating performance.
    S<IP_ADDRESS> Vehicle condition.
    (a) Vehicle lightly loaded.
    (b) Engine disconnected.
    S<IP_ADDRESS> Conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature before
each brake application is <= 100 [deg]C.
    (b) Test speed.
    (1) Initial speed: 50 km/h or 0.8 Vmax, whichever is lower.
    (2) Final speed = 5 to 10 km/h.
    (c) Brake application. Each service brake system control actuated
separately.
    (d) Vehicle deceleration.
    (1) Single front brake system only:
    (i) 3.0-3.5 meters per second squared (m/s\2\) for motorcycle
categories 3-3 and 3-4
    (ii) 1.5-2.0 m/s\2\ for motorcycle categories 3-1 and 3-2
    (2) Single rear brake system only: 1.5-2.0 m/s\2\
    (3) CBS or split service brake system, and category 3-5: 3.5-4.0 m/
s\2\
    (e) Number of decelerations. There shall be 100 decelerations per
brake system.
    (f) For the first stop, accelerate the vehicle to the initial speed
and then actuate the brake control under the conditions specified until
the final speed is reached. Then reaccelerate to the initial speed and
maintain that speed until the brake temperature falls to the specified
initial value. When these conditions are met, reapply the brake as
specified. Repeat this procedure for the number of specified
decelerations. After burnishing, adjust the brakes in accordance with
the manufacturer's recommendations.
    S6.3 Dry stop test--single brake control actuated.
    S6.3.1 Vehicle condition.
    (a) The test is applicable to all motorcycle categories.
    (b) Laden. For vehicles fitted with CBS and split service brake
system, the vehicle is tested in the lightly loaded condition in
addition to the laden condition.
    (c) Engine disconnected.
    S6.3.2 Test conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (b) Test speed.
    (1) Motorcycle categories 3-1 and 3-2: 40 km/h or 0.9 Vmax,
whichever is lower.
    (2) Motorcycle categories 3-3, 3-4 and 3-5: 60 km/h or 0.9 Vmax,
whichever is lower.
    (c) Brake application. Each service brake system control actuated
separately.
    (d) Brake actuation force.
    (1) Hand control: <= 200 N.
    (2) Foot control:
    (i) <= 350 N for motorcycle categories 3-1, 3-2, 3-3 and 3-5.
    (ii) <= 500 N for motorcycle category 3-4.
    (e) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 6 stops.
    (f) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control under the conditions specified in this
paragraph.
    S6.3.3 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in paragraph S6.3.2., the
stopping distance shall be as specified in column 2 of Table 2.
    S6.4 Dry stop test--all service brake controls actuated.
    S6.4.1 Vehicle condition.
    (a) The test is applicable to motorcycle categories 3-3, 3-4 and 3-
5.
    (b) Lightly loaded.

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

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

Where:

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

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

    (d) Brake actuation force. The force applied is that which is
necessary to ensure that the ABS will cycle fully throughout each stop,
down to 10 km/h.
    (e) If one wheel is not equipped with ABS, the control for the
service brake on that wheel is actuated with a force that is lower than
the force that will cause the wheel to lock.
    (f) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 6 stops.
    (g) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control under the conditions specified in this
paragraph.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures referred to in S<IP_ADDRESS>:
    (a) The stopping distance (S) shall be <= 0.0063 V\2\ (where V is
the specified test speed in km/h and S is the required stopping
distance in meters); and
    (b) there shall be no wheel lock beyond that allowed for in
paragraph S6.9.1(d), and the vehicle wheels shall stay within the test
lane.
    S6.9.4 Stops on a low friction surface.
    S<IP_ADDRESS> Test conditions and procedure. As set out in S<IP_ADDRESS>, but
using the low friction surface instead of the high friction one.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures set out in S<IP_ADDRESS>:
    (a) the stopping distance (S) shall be <= 0.0056 V\2\/P (where V is
the specified test speed in km/h, P is the peak braking coefficient and
S is the required stopping distance in meters); and
    (b) there shall be no wheel lock beyond that allowed for in
paragraph S6.9.1(d), and the vehicle wheels shall stay within the test
lane.
    S6.9.5 Wheel lock checks on high and low friction surfaces.
    S<IP_ADDRESS> Test conditions and procedure.
    (a) Test surfaces. High friction or low friction surface, as
applicable.
    (b) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (c) Test speed.
    (1) On the high friction surface: 80 km/h or 0.8 Vmax, whichever is
lower.
    (2) On the low friction surface: 60 km/h or 0.8 Vmax, whichever is
lower.
    (d) Brake application.
    (1) Each service brake system control actuated separately.
    (2) Where ABS is fitted to both brake systems, simultaneous
actuation of both brake controls in addition to (1).
    (e) Brake actuation force. The force applied is that which is
necessary to ensure that the ABS will cycle fully throughout each stop,
down to 10 km/h.
    (f) Brake application rate. The brake control actuation force is
applied in 0.2-0.5 seconds.
    (g) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 3 stops.
    (h) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control under the conditions specified in this
paragraph.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures set out in S<IP_ADDRESS>, there shall be
no wheel lock beyond that allowed for in paragraph S6.9.1(d), and the
vehicle wheels shall stay within the test lane.
    S6.9.6 Wheel lock check--high to low friction surface transition.
    S<IP_ADDRESS> Test conditions and procedure.
    (a) Test surfaces. A high friction surface immediately followed by
a low friction surface.
    (b) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (c) Test speed. The speed that will result in 50 km/h or 0.5 Vmax,
whichever is the lower, at the point where the vehicle passes from the
high friction to the low friction surface.
    (d) Brake application.
    (1) Each service brake system control actuated separately.
    (2) Where ABS is fitted to both brake systems, simultaneous
actuation of both brake controls in addition to (1).
    (e) Brake actuation force. The force applied is that which is
necessary to ensure that the ABS will cycle fully throughout each stop,
down to 10 km/h.
    (f) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 3 stops.
    (g) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control before the vehicle reaches the
transition from one friction surface to the other.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures set out in S<IP_ADDRESS>, there shall be
no wheel lock beyond that allowed for in paragraph S6.9.1(d), and the
vehicle wheels shall stay within the test lane.
    S6.9.7 Wheel lock check--low to high friction surface transition.
    S<IP_ADDRESS> Test conditions and procedure.
    (a) Test surfaces. A low friction surface immediately followed by a
high friction surface with a PBC >= 0.8.
    (b) Initial brake temperature. Initial brake temperature is >=55
[deg]C and <=100 [deg]C.
    (c) Test speed. The speed that will result in 50 km/h or 0.5 Vmax,
whichever is the lower, at the point where the vehicle passes from the
low friction to the high friction surface.
    (d) Brake application.
    (1) Each service brake system control applied separately.
    (2) Where ABS is fitted to both brake systems, simultaneous
application of both brake controls in addition to (1).
    (e) Brake actuation force. The force applied is that which is
necessary to ensure that the ABS will cycle fully throughout each stop,
down to 10 km/h.
    (f) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 3 stops.
    (g) For each stop, accelerate the vehicle to the test speed and
then actuate the brake control before the vehicle reaches the
transition from one friction surface to the other.
    (h) Record the vehicle's continuous deceleration.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedures set out in S<IP_ADDRESS>:
    (a) There shall be no wheel lock beyond that allowed for in
paragraph S6.9.1(d), and the vehicle wheels shall stay within the test
lane, and
    (b) within 1 second of the rear wheel passing the transition point
between the low and high friction surfaces, the vehicle deceleration
shall increase.
    S6.9.8 Stops with an ABS electrical failure.
    S<IP_ADDRESS> Test conditions and procedure. With the ABS electrical
system disabled, carry out the test set out in S6.3 (dry stop test--
single brake control actuated) applying the conditions relevant to the
brake system and vehicle being tested.
    S<IP_ADDRESS> Performance requirements. When the brakes are tested in
accordance with the test procedure set out in S<IP_ADDRESS>:
    (a) The system shall comply with the failure warning requirements
of S<IP_ADDRESS>; and
    (b) the minimum requirements for stopping distance shall be as
specified in column 2 under the heading ``Single brake system, rear
wheel(s) braking only'' in Table 2.
    S6.10 Partial failure test--for split service brake systems.
    S6.10.1 General information.
    (a) The test is only applicable to vehicles that are equipped with
split service brake systems.
    (b) The test is to confirm the performance of the remaining
subsystem

in the event of a hydraulic system leakage failure.
    S6.10.2 Vehicle condition.
    (a) The test is applicable to motorcycle categories 3-3, 3-4 and 3-
5.
    (b) Lightly loaded.
    (c) Engine disconnected.
    S6.10.3 Test conditions and procedure.
    (a) Initial brake temperature. Initial brake temperature is >= 55
[deg]C and <= 100 [deg]C.
    (b) Test speed. Test speed is 50 km/h and 100 km/h or 0.8 Vmax,
whichever is lower.
    (c) Brake actuation force.
    (1) Hand control: <= 250 N.
    (2) Foot control: <= 400 N.
    (d) Number of stops: until the vehicle meets the performance
requirements, with a maximum of 6 stops for each test speed.
    (e) Alter the service brake system to induce a complete loss of
braking in any one subsystem. Then, for each stop, accelerate the
vehicle to the test speed and then actuate the brake control under the
conditions specified in this paragraph.
    (f) Repeat the test for each subsystem.
    S6.10.4 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in S6.10.3:
    (a) the system shall comply with the failure warning requirements
set out in paragraph S<IP_ADDRESS>; and
    (b) the stopping distance (S) shall be <= 0.1 V + 0.0117 V\2\
(where V is the specified test speed in km/h and S is the required
stopping distance in meters).
    S6.11 Power-assisted braking system failure test.
    S6.11.1 General information.
    (a) The test is not conducted when the vehicle is equipped with
another separate service brake system.
    (b) The test is to confirm the performance of the service brake
system in the event of failure of the power assistance.
    S6.11.2 Test conditions and procedure. Carry out the test set out
in S6.3.3 (dry stop test--single brake control actuated) for each
service brake system with the power assistance disabled.
    S6.11.3 Performance requirements. When the brakes are tested in
accordance with the test procedure set out in S6.11.2, the stopping
distance shall be as specified in column 2 of Table 4. Note that if the
power assistance may be activated by more than one control, the above
performance shall be achieved when each control is actuated separately.

Tables and Figures to Sec.  571.122

                         Table 1--Test Sequence
------------------------------------------------------------------------
                        Test order                            Paragraph
------------------------------------------------------------------------
1. Dry stop--single brake control actuated................         S6.3
2. Dry stop--all service brake controls actuated..........         S6.4
3. High speed.............................................         S6.5
4. Wet brake..............................................         S6.6
5. If fitted:
  6.1. Parking brake system...............................         S6.8
  6.2. ABS................................................         S6.9
  6.3. Partial failure, for split service brake systems...         S6.10
  6.4. Power-assisted braking system failure..............         S6.11
6. Heat fade..............................................         S6.7
------------------------------------------------------------------------

 Table 2--Performance Requirements, Dry Stop Test--Single Brake Control
                                Actuated
------------------------------------------------------------------------
             Column 1                             Column 2
------------------------------------------------------------------------
                                    Stopping Distance(s) (where V is the
                                   specified test speed in km/h and S is
       Motorcycle category           the required stopping distance in
                                                  meters)
------------------------------------------------------------------------
            Single brake system, front wheel(s) braking only
------------------------------------------------------------------------
3-1..............................  S <= 0.1 V + 0.0111 V \2\.
3-2..............................  S <= 0.1 V + 0.0143 V \2\.
3-3..............................  S <= 0.1 V + 0.0087 V \2\.
3-4..............................  S <= 0.1 V + 0.0105 V \2\.
3-5..............................  Not applicable.
------------------------------------------------------------------------
             Single brake system, rear wheel(s) braking only
------------------------------------------------------------------------
3-1..............................  S <= 0.1 V + 0.0143 V \2\.
3-2..............................  S <= 0.1 V + 0.0143 V \2\.
3-3..............................  S <= 0.1 V + 0.0133 V \2\.
3-4..............................  S <= 0.1 V + 0.0105 V \2\.
3-5..............................  Not applicable.
------------------------------------------------------------------------
 Vehicles with CBS or split service brake systems: For laden and lightly
                            loaded conditions
------------------------------------------------------------------------
3-1 and 3-2......................  S <= 0.1 V + 0.0087 V \2\.
3-3..............................  S <= 0.1 V + 0.0076 V \2\.
3-4..............................  S <= 0.1 V + 0.0071 V \2\.
3-5..............................  S <= 0.1 V + 0.0077 V \2\.
------------------------------------------------------------------------
            Vehicles with CBS--secondary service brake system
------------------------------------------------------------------------
ALL..............................  S <= 0.1 V + 0.0154 V \2\.
------------------------------------------------------------------------

                           Table 3--ABS Tests
------------------------------------------------------------------------
                         ABS Tests                            Paragraph
------------------------------------------------------------------------
a. Stops on a high friction surface--as specified in              S6.9.3
 S<IP_ADDRESS>..................................................
b. Stops on a low friction surface--as specified in               S6.9.4
 S<IP_ADDRESS>..................................................
c. Wheel lock checks on high and low friction surfaces.....       S6.9.5
d. Wheel lock check--high to low friction surface                 S6.9.6
 transition................................................
e. Wheel lock check--low to high friction surface                 S6.9.7
 transition................................................
f. Stops with an ABS electrical failure....................       S6.9.8
------------------------------------------------------------------------

Table 4--Performance Requirements, Power-Assisted Braking System Failure
                                  Test
------------------------------------------------------------------------
             Column 1                             Column 2
------------------------------------------------------------------------
                                    Stopping Distance(s) (where V is the
                                     specified test speed in km/h and S
         Vehicle category           is the required stopping distance in
                                                   meters)
------------------------------------------------------------------------
                           Single brake system
------------------------------------------------------------------------
3-1...............................  S <= 0.1 V + 0.0143 V \2\.
3-2...............................  S <= 0.1 V + 0.0143 V \2\.
3-3...............................  S <= 0.1 V + 0.0133 V \2\.
3-4...............................  S <= 0.1 V + 0.0105 V \2\.
------------------------------------------------------------------------
            Vehicles with CBS or split service brake systems
------------------------------------------------------------------------
All...............................  S <= 0.1 V + 0.0154 V \2\.
------------------------------------------------------------------------

BILLING CODE P

[GRAPHIC] [TIFF OMITTED] TR24AU12.000

[GRAPHIC] [TIFF OMITTED] TR24AU12.001

[GRAPHIC] [TIFF OMITTED] TR24AU12.002

    Issued on: August 14, 2012.
David L. Strickland,
Administrator.
[FR Doc. 2012-20480 Filed 8-23-12; 8:45 am]
BILLING CODE C