[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Notices]
[Pages 44263-44264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20961]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA 99-5698; Notice 2]


American Honda Motor Company, Inc.; Grant of Application for 
Second Renewal of Temporary Exemption From Federal Motor Vehicle Safety 
Standard No. 122

    For the reasons expressed below, we are granting the application by 
American Honda Motor Co., Inc., of Torrance, California (``Honda''), 
for a second renewal of its temporary exemption from the fade and water 
recovery requirements of Federal Motor Vehicle Safety Standard No. 122 
Motorcycle brake systems. Honda asserted that an exemption would make 
easier the development or field evaluation of a new motor vehicle 
safety feature providing a safety level at least equal to the safety 
level of the standard.
    We published notice of receipt of Honda's application on May 24, 
1999, and afforded an opportunity for comment (64 FR 28025). No 
comments were received responding to this notice.
    The discussion that follows is based on information contained in 
Honda's application.

Why Honda Needs Again To Renew Its Temporary Exemption To Make 
Easier the Development or Field Evaluation of a New Motor Vehicle 
Safety Feature Providing a Safety Level at Least Equal to the 
Safety Level of Standard No. 122

    We previously granted Honda NHTSA Temporary Exemption No. 97-1, 
expiring September 1, 1998, from the following requirements of 49 CFR 
571.122 Standard No. 122 Motorcycle brake systems: S5.4.1  Baseline 
check--minimum and maximum pedal forces, S5.4.2  Fade, S5.4.3  Fade 
recovery, S5.7.2  Water recovery test, and S6.10  Brake actuation 
forces (62 FR 52372, October 7, 1997). This exemption covered Honda's 
1998 CBR1100XX motorcycle. Honda later applied for an extension of its 
exemption to September 1, 1999, to cover the 1999 model CBR1100XX 
motorcycle. This request was also granted (63 FR 65272, November 25, 
1998). Now Honda has applied for the exemption to continue for another 
year to cover the 2000 model CBR1100XX motorcycle. The 2000 model of 
the CBR1100XX will be mechanically identical to the 1999 model. Under 
Temporary Exemption No. 97-1, Honda has sold far less than 2,500 
exempted 1998 and 1999 model CBR1100XX motorcycles.
    Honda's original and renewed requests concern exemption ``from the 
requirement of the minimum hand-lever force of five pounds in the base 
line check for the fade and water recovery tests.'' The company 
continues to evaluate the marketability of an ``improved'' motorcycle 
brake system setting which is currently applied to the model sold in 
Europe. The difference in setting is limited to a softer master 
cylinder return spring in the European version. Using the softer spring 
results in a ``more predictable (linear) feeling during initial brake 
lever application,'' and ``allows a more predictable rise in brake 
gain.'' Honda considers that

[[Page 44264]]

motorcycle brake systems have continued to evolve and improve since 
Standard No. 122 was adopted in 1972, and that one area of improvement 
is brake lever force which has gradually been reduced. However, the 
five-pound minimum specification ``is preventing further development 
and improvement'' of brake system characteristics. This limit, when 
applied to the CBR1100XX ``results in an imprecise feeling when the 
rider applies low-level front brake lever inputs.''
    On November 5, 1997, Honda submitted a petition for rulemaking to 
amend Standard No. 122 to eliminate the minimum brake actuation force 
requirement. We granted Honda's rulemaking petition on March 16, 1999. 
Honda interprets this action as ``signifying that the agency believes a 
further review of the issues raised in the petition appears to have 
merit.''
    The CBR1100XX is equipped with Honda's Linked Braking System (LBS) 
which is designed to engage both front and rear brakes when either the 
front brake lever or the rear brake pedal is used. The LBS differs from 
other integrated systems in that it allows the rider to choose which 
wheel gets the majority of braking force, depending on which brake 
control the rider uses.
    According to Honda, the overall braking performance remains 
unchanged from a conforming motorcycle. Exempted CBR1100XX vehicles 
meet ``the stopping distance requirement but at lever forces slightly 
below the minimum.''

Honda's Reasons Why a Temporary Exemption Is in the Public Interest 
and Consistent With Objectives of Motor Vehicle Safety

    Honda argued in 1997 that granting an exemption would be in the 
public interest and consistent with objectives of traffic safety 
because it

* * * should improve a rider's ability to precisely modulate the 
brake force at low-level brake lever input forces. Improving the 
predictability, even at very low-level brake lever input, increases 
the rider's confidence in the motorcycle's brake system.

    Honda repeated those arguments in 1998 and 1999. It has asserted 
that a renewal allows further refinement and development of the LBS. It 
believes that the LBS has ``many desirable characteristics--especially 
during emergency braking--that could reduce the number of rear brake 
locks-up crashes.''

Our Findings in Support of Granting Honda's Application

    We find persuasive the same reasons supporting granting Honda's 
application as we did before. As we said in granting Honda's initial 
petition in 1997 (62 FR 52372):

    The distinctive motorcycle brake system setting which Honda 
seeks to evaluate in the United States is a ``new motor vehicle 
safety feature'' that can be evaluated in the field. * * * Further, 
the level of safety provided should be at least equal to the level 
provided by Standard No. 122 * * * Honda * * * asserts that the 
lower force to modulate the brake lever would improve the rider's 
control over the brake force. This improved control, and thus 
predictability over the brake's function, would also improve the 
rider's confidence in the brakes and motorcycle.
    NHTSA concurs with Honda that new technology that may lead to 
greater rider control over the brake force thus resulting in reduced 
stopping distances and better crash avoidance is in the public 
interest and consistent with efforts to improve traffic safety.

And we conclude that a renewal should allow further refinement and 
development of the LBS.
    In consideration of the foregoing, it is hereby found that an 
exemption would make easier the development or field evaluation of a 
new motor vehicle safety feature providing a safety level at least 
equal to the safety level of Standard No. 122. It is also hereby found 
that the renewal of the temporary exemption is in the public interest 
and consistent with the objectives of motor vehicle safety. 
Accordingly, NHTSA Temporary Exemption No. 97-1 is extended to, and 
will expire on, September 1, 2000.

(49 U.S.C. 30113; delegation of authority at 49 CFR 1.50.)

    Issued on August 9, 1999.
Ricardo Martinez,
Administrator.
[FR Doc. 99-20961 Filed 8-12-99; 8:45 am]
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