[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Proposed Rules]
[Pages 22483-22484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9257]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA 2001-8876]
RIN 2127-AG92


Federal Motor Vehicle Safety Standards; Lamps, Reflective 
Devices, and Associated Equipment

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Withdrawal of rulemaking.

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SUMMARY: In 2001, the agency granted a petition for rulemaking 
submitted by the United States Motorcycle Manufacturers Association, 
Inc. (USMMA). Petitioners asked NHTSA to amend the Federal motor 
vehicle lighting standard to allow a lower minimum mounting height for 
side reflex reflectors on motorcycles. The granting of the petition 
commenced agency rulemaking on the petition. Before taking further 
action in this area, the agency would like to expand its knowledge base 
with further research and more supporting data. Accordingly, this 
document withdraws the open rulemaking.

FOR FURTHER INFORMATION CONTACT: The following persons at the NHTSA, 
400 Seventh Street, SW., Washington, DC 20590.
    For non-legal issues, you may call Mr. Richard VanIderstine, Office 
of Crash Avoidance Standards (Telephone: (202) 366-2720) (Fax: (202) 
366-7002).
    For legal issues, you may call Mr. George Feygin, Office of Chief 
Counsel (Telephone: (202) 366-2992) (Fax: (202) 366-3820).

SUPPLEMENTARY INFORMATION:

I. Background

    FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment, 
establishes lighting requirements for motor vehicles. Table IV of FMVSS 
No. 108 specifies that all reflex reflectors on motorcycles (including 
side reflectors) be located not less than 15 inches (381 mm) nor more 
than 60 inches (1524

[[Page 22484]]

mm) above the road surface.\1\ USMMA petitioned the agency to allow for 
a lower minimum mounting height of 300 mm, instead of 381 mm.
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    \1\ Reflex reflectors are devices that are used on vehicles to 
give an indication of presence to an approaching driver by 
reflecting light from the headlamp of the approaching vehicle.
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    Petitioners gave several reasons for their request. First, 
petitioners stated that the lower minimum mounting height would 
harmonize the Federal standard with the reflector mounting requirements 
of Europe and Asia, thus affording ``global'' motorcycle manufacturers 
certain cost savings opportunities associated with selling a common 
product in multiple markets.
    Second, petitioners believed that lowering the height of the side 
reflectors would increase safety with respect to illumination by 
approaching vehicles. In support of their statement, USMMA noted that a 
lower reflector height would increase the distance between the 
motorcycle and the approaching vehicle at the point where the reflex 
reflector illumination occurs. I.e., if the reflector were lowered to 
300 mm, an approaching vehicle would illuminate it sooner.\2\
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    \2\ To examine the USMMA petition, please go to http://dms.dot.gov/ (Docket No. NHTSA-2001-8876-12).
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    Finally, petitioners noted that the vehicle lighting beam patterns 
have undergone significant improvements in recent years. As a result, 
petitioners stated, better lighting beam patterns contribute to better 
reflex reflector performance, even at the lower minimum height of 300 
mm.
    We granted USMMA's petition by letter dated September 7, 2001. The 
agency did not issue a notice of proposed rulemaking or any other 
rulemaking document subsequent to the granting of the petition.

II. Reason for Withdrawal

    After careful evaluation of the issues presented by the USMMA 
petition, the agency has decided to obtain additional data to provide a 
better assessment of the need for or desirability of proceeding with a 
rulemaking action to amend side reflex reflector mounting height. While 
USMMA asserted that the lower reflector mounting height would increase 
visibility of motorcycles, petitioners did not provide any data in 
support of their position. The agency would like to obtain additional 
data on the validity of USMMA's assertion.
    In order to ensure that lower reflector mounting height would not 
reduce motorcycle conspicuity, the agency is further studying this 
issue by incorporating investigation of this question into a 
comprehensive research program dealing with motorcycle conspicuity. The 
program will evaluate not only reflex reflector height, but also 
headlamp placement; new motorcycle conspicuity treatments; and the 
effect of passenger car daytime running lamps on conspicuity of 
motorcycles.\3\ We anticipate that this research program will conclude 
in early 2005. Rather than proceed with a rulemaking on reflex 
reflector height at this time, we prefer a comprehensive approach that 
will take into account the knowledge and data gained from the research 
program. Accordingly, for the reasons discussed above, NHTSA is 
withdrawing the open rulemaking on the USMMA petition.
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    \3\ For more information on this research program, please go to: 
http://www.nhtsa.dot.gov/people/injury/pedbimot/motorcycle/motorcycle03/Mcycle%20Safety%20Program.pdf pdf.

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

    Issued: April 19, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-9257 Filed 4-23-04; 8:45 am]
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