[Federal Register Volume 75, Number 55 (Tuesday, March 23, 2010)]
[Notices]
[Pages 13809-13811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6361]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2010-0010]


Reclassification of Motorcycles (Two and Three Wheeled Vehicles) 
in the Guide to Reporting Highway Statistics

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice, request for comments.

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SUMMARY: This Notice proposes to update FHWA's guidance regarding State 
reporting of motorcycle registration information disseminated to the 
public in FHWA's annual publication Guide to Reporting Highway 
Statistics. The intent of these actions is to improve FHWA's motorcycle 
registration data to assist in the analysis of crash data relating to 
these vehicles. Thus, it is critical that the motorcycle registration 
data collected and published by FHWA is accurate, comprehensive, and 
timely. FHWA's Guide to Reporting Highway Statistics (Guide) is the 
guide by which FHWA instructs States on selected data required by FHWA 
to perform its mission of informing Congress, the highway community, 
and the general public on a wide variety of highway extent, condition, 
use, and performance measures.

DATES: Comments must be received on or before 90 days after date of 
publication in the Federal Register.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, or submit electronically at 
http://www.regulations.gov. All comments should include the docket 
number that appears in the heading of this document. All comments 
received will be available for examination and copying at the above 
address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal Holidays. Those desiring notification of receipt of comments 
must include a self-addressed, stamped postcard or you may print the 
acknowledgment page that appears after submitting comments 
electronically.

FOR FURTHER INFORMATION CONTACT: Ralph Erickson, Highway Funding and 
Motor Fuels Team Leader, Office of Policy, HPPI-10, (202) 366-9235, or 
Adam Sleeter, Office of the Chief Counsel, (202) 366-8839, Federal 
Highway Administration, 1200 New Jersey Avenue, SE., Washington, DC 
20590. Office hours are from 7:45 a.m. to 4:15 p.m. e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    You may submit or retrieve comments online through the Federal 
Docket Management System at: http://www.regulations.gov. 
Regulations.gov is available 24 hours each day, 365 days each year. 
Electronic submission and retrieval help and guidelines are available 
under the help section of the Web site.
    An electronic copy of this document may also be downloaded from the 
Office of the Federal Register's home page at: http://www.gpoaccess.gov/fr/index.html and the Government Printing Office's 
Web page at: http://www.gpoaccess.gov.
    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practicable. In addition to late comments, the 
FHWA will also continue to file relevant information in the docket as 
it becomes available after the comment period closing date and 
interested persons should continue to examine the docket for new 
material.

Background

    FHWA has collected motorcycle registration data since 1914. In the 
last few years, however, the population of motorcycles and related 
vehicle types has risen dramatically. Additionally, there has been an 
increase in motorcycle crashes due to factors including, but not 
limited to, rider inexperience, rider impairment, decreased use of 
helmets, and increased motorcycle use.
    Data from the National Highway Traffic Safety Administration's 
(NHTSA) Fatality Analysis Reporting System (FARS) \1\ indicates that in 
2008, motorcycle rider fatalities increased for the eleventh 
consecutive year: From 2,116 in 1997 to 5,290 in 2008, an increase of 
150 percent. Other trends include a dramatic rise in motorcycle 
ownership and changes in other factors such as motorcycle size and new 
designs for these vehicles. However, this increase in fatality data is 
disproportionate to reported increases in motorcycle registration and 
in reported miles traveled. Due to this disconnect, safety advocates 
have encouraged improving the data collection process in order to 
better analyze and identify rider exposure and crash causality.
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    \1\ FARS data can be viewed on the following Web site: http://www-fars.nhtsa.dot.gov/Main/index.aspx.
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    On October 3, 2007, the National Transportation Safety Board (NTSB) 
sent a letter to FHWA containing an NTSB Safety Recommendation H-07-34, 
which States:

    Following the 2007 Motorcycle Travel Symposium, develop 
guidelines for the States to use to gather accurate motorcycle 
registrations and motorcycle vehicle miles of travel data. The 
guidelines should include information on the various methods to 
collect registrations and vehicle miles traveled data and how these 
methods can be put into practice.

    FHWA is committed to improving both sets of data. This notice 
addresses the NTSB recommendation to gather

[[Page 13810]]

more accurate motorcycle registration data. Specifically, related to 
vehicle registrations, FHWA has established an interagency review team 
consisting of experts from FHWA's Offices of Safety and Research, and 
various NHTSA offices, to assist in the following activities:
    1. Review State laws to determine the State of practice for 
motorcycle registrations by documenting State laws and practices;
    2. Improve the definition of motorcycles in the Guide to Reporting 
Highway Statistics;
    3. Develop guidelines for the States to use to gather and report 
more accurate motorcycle registration data;
    4. Include information on the various methods to collect and report 
registrations in the guidelines; and
    5. Initiate actions to bring the best methods in wider practice.

Current Status

    FHWA's current definition of a motorcycle is two-fold: (1) 
motorcycles and (2) motor bicycles and scooters. The current language 
for defining motorcycles is provided in FHWA's Guide \2\ as follows:

    \2\ Guide, Chapter 3, Report Identifying Motor-Vehicle 
Registrations and Taxation, page 3-2.
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    Item I.E.2. Motorcycles: This item includes two-wheeled and 
three-wheeled motorcycles. Sidecars are not regarded as separate 
vehicles--a motorcycle and sidecar are reported as a single unit.
    Item I.E.3. Motor bicycles and scooters: Mopeds should be 
included with motor-driven cycles (motor bicycles) in the States 
that require their registration.

    The Guide has approval from the Office of Management and Budget 
(OMB) under the control number 2125-0032. The information collected in 
accordance with the Guide is authorized under 23 U.S.C. 315, which 
authorizes the Secretary of Transportation to prescribe and promulgate 
rules and regulations to carry out the requirements of Title 23 of the 
U.S. Code. Under that authority, 23 CFR 1.5 provides FHWA with the 
ability to request information deemed necessary to administer the 
Federal-aid highway program. Data is used to relate highway system 
performance to investment under FHWA's strategic planning and 
performance reporting process in accordance with the requirements of 
the Government Performance and Results Act \3\. Additionally, 23 CFR 
420.105(b) requires States to provide data that support FHWA's 
responsibilities to the Congress and the public.
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    \3\ Government Performance and Results Act of 1993 (GPRA), Sec. 
3 and 4, Public Law 103-62.
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    States annually report data to FHWA from their motor vehicle 
registration systems. As a result, such data is based on the 
definitions developed by States which may or may not approximate FHWA's 
definition of motorcycles, motor bicycles, or scooters.
    FHWA researched State legislation (including the District of 
Columbia, but not Puerto Rico) for definitions of motorcycles and 
similar vehicles. We found several characteristics that specifically 
differentiated motorcycle-type vehicles from other vehicle types. 
Several States further defined the difference between motorcycles and 
mopeds, or in a few States, motor scooters. The characteristics for 
defining motorcycles included vehicles: with two to three wheels in 
contact with the ground (48 States), with a seat or saddle for the 
passenger(s) (36 States), with a sidecar or trailer (4 States), and 
with a steering handlebar (2 States). Additionally, one State defined 
motorcycles as having no enclosure on the vehicle for the operator 
(driver) or passenger.
    The following characteristics were used by some States to define 
the difference between motorcycles, mopeds, and in a few cases, motor 
scooters: speeds not in excess of 25 to 45 miles per hour (MPH) (3 
States mention 25 MPH, 13 mention 30 MPH, 1 State each mentions 35 or 
45 MPH); engine displacement of not greater than 50 to 150 cubic 
centimeters (cc) (21 States mention 50 cc, 1 State mentions 55 cc, and 
1 State mentions 150 cc). Some States used brake horsepower (HP) 
instead of, or in addition to, displacement to identify vehicle power 
(4 States mention 1.5 HP, 12 mention 2.0 HP, 1 State mentions 2.7 HP, 
and 1 State mentions 5 HP). Wheel diameter for differentiating 
motorcycles and mopeds from motor scooters is mentioned by 5 States (2 
States mention wheel diameter greater than 10 inches, 1 State mentions 
wheel diameter greater than 14 inches, and 2 States mention wheel 
diameter greater than 16 inches); and 4 States mentioned a platform or 
deck for a standing driver as a characteristic of a motor scooter.
    Another identifier for vehicle type is provided by the Vehicle 
Identification Number (VIN) which is recorded by States when vehicles 
are registered for highway use. The VIN is a unique 17 digit 
standardized serial number used by the motor vehicle industry to 
identify individual motor vehicles. The standards are set by the 
International Organization for Standardization (ISO) 3779 (1979) and 
3780 (1980). These standards are due for major revision in 2010.
    The United States uses a compatible but somewhat different 
implementation of these ISO standards for domestic use. Title 49, Code 
of Federal Regulations, Transportation, Part 565, Vehicle 
Identification Number Requirements, 565.15 Content, describes VIN 
characteristics as follows: The VIN consists of four sections of 
characters which are grouped according to given specifications. The 
first section consists of three characters that occupy positions one 
through three in the VIN. These numbers uniquely identify the 
manufacturer, make, and type of the motor vehicle. The second section 
consists of five characters, which occupy positions four through eight 
in the VIN. This section identifies attributes of the vehicle. For 
motorcycles, this would typically include the manufacturer's brand, 
model designation, engine type (displacement for liquid fueled 
engines), net brake horsepower (less than or greater than 2 HP), and 
vehicle weight. All motorcycles would fall in the grouping of vehicles 
weighing less than 3,000 pounds. The placement of characters within 
this section is determined by the manufacturer, but the specified 
attributes must be decipherable with information supplied by the 
manufacturer in accordance with 49 CFR 565.15. In addition, the model 
year, in place 10 of the 17 digit VIN code, may also be useful for 
motorcycle registration information for identifying vehicle age. The 
remaining sections of the VIN would not provide the type of information 
needed to identify motorcycle vehicle types.

Reference Material

    The Guide to Reporting Highway Statistics is FHWA's guidance to the 
States for reporting a variety of data items, including two categories 
of motorcycles: motorcycles and motorized bicycles.
    The American National Standards Institute (ANSI) D 16.1 \4\ defines 
a motorcycle as any motor vehicle having a seat or saddle for the use 
of its operator and designed to travel on not more than three wheels in 
contact with the ground. This includes large motorcycles, motor-driven 
cycles, speed limited motor-driven cycles, mopeds, motor scooters, and 
motorized or motor assisted bicycles.
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    \4\ American National Standards Institute, http://webstore.ansi.org/?source=google&adgroup=ansi&keyword=ansi&gclid=CPCrrZm5jJwCFQtN5QodnzkVXg.
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    The definitions of motorcycle type vehicles found in 49 CFR 571.3 
state that:


[[Page 13811]]


    Motorcycle means a motor vehicle with motive power having a seat 
or saddle for the use of the rider and designed to travel on not 
more than three wheels in contact with the ground.
    Motor-driven cycle means a motorcycle with a motor that produces 
5-brake horsepower or less.

    The Model Minimum Uniform Crash Criteria (MMUCC) \5\ defines a 
motorcycle as a two or three-wheeled motor vehicle designed to 
transport one or two people. Included are motor scooters, mini-bikes, 
and mopeds.
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    \5\ Model Minimum Uniform Crash Criteria: http://www.mmucc.us/.
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    The FARS and National Automotive Sampling System (NASS) General 
Estimates System (GES) follows the ANSI D 16.1 definition. The FARS and 
GES data are used in traffic safety analyses by NHTSA as well as other 
public and private entities. The information is used to estimate how 
many motor vehicle crashes of different kinds take place, and is also 
used in the analyses by researchers and highway safety professionals in 
order to determine the factors involved in the crashes.

Discussion of the Proposal

    FHWA is seeking to provide improved registration data to agencies 
and the public to assist in the analysis of crash data relating to 
these vehicles. For FHWA, the issue is two-fold: FHWA must provide the 
States complete and comprehensive instructions on the data FHWA needs 
to collect to perform its responsibilities, and FHWA must work with the 
States to assure that they are providing accurate data to the extent 
that they can in accordance with FHWA instructions. A corollary to both 
issues is that FHWA must provide instructions that allow the States to 
provide accurate and collectable data.
    FHWA proposes to revise its definition of motorcycles and two-and-
three-wheeled vehicles to better differentiate motorcycles, mopeds, and 
motor scooters. Further, FHWA proposes to build on the various existing 
State definitions and to work with the States to build consensus 
towards a uniform definition of these types of vehicles. An example of 
potential revised definitions include the following:

    Item i.e.2. Motorcycles: This item includes vehicles with the 
following characteristics:

1. Two or three wheels in contact with the ground (excluding 
trailers suitable for motorcycle hauling).
2. A seat or saddle for rider (operator) and passengers (if any).
3. A steering handle bar.
4. Motor capacity exceeding 5 Horsepower.
5. Wheel rim diameters exceeding 10 inches.
6. Do not include a full enclosure for the rider (operator) or 
passengers.
7. Sidecars and trailers are not regarded as separate vehicles--a 
motorcycle and sidecar or trailer is reported as a single unit.
    Item i.e.3. Mopeds or motor bicycles: this item includes 
vehicles with the following characteristics:

1. Two wheels in contact with the ground.
2. A seat or saddle for rider (operator) and passengers (if any).
3. A steering handle bar.
4. Pedals for operation without motor assistance.
5. Do not include a full enclosure for the rider (operator) or 
passengers.
6. Have a brake horsepower not exceeding 5 Horsepower.
    Item i.e.4 Motor scooters: this item includes vehicles with the 
following characteristics:

1. Two wheels in contact with the ground.
2. Has a platform or deck for the use of a standing rider 
(operator).
3. A steering handle bar.
4. Do not include a full enclosure for the rider (operator) or 
passengers (if any).
5. Have a brake horsepower not exceeding 5 Horsepower.
6. Have a direct drive energy transmission from the engine to the 
drive wheel(s) (no transmission).

    In addition, FHWA seeks comments on the issues of identifying 
vehicles with the following characteristics:

1. Two or three wheels in contact with the ground (excluding 
trailers suitable for motorcycle hauling).
2. A seat for driver and passengers.
3. Wheel diameters exceeding 10 inches.
4. An enclosure for the driver or passengers.
5. Sidecars and trailers are not regarded as separate vehicles--a 
motorcycle and sidecar or trailer is reported as a single unit.

FHWA also seeks comment regarding the types of three-wheeled vehicles 
that are small and lightweight, with a minimal chassis and body that 
may or may not be fully enclosed by doors and/or windows. Examples 
include commercial vehicles such as the Zapcar and T-Rex. FHWA seeks 
comments on all revised definitions above and on any other definitions 
that would provide value.
    Another approach would be for FHWA to request the States to report 
additional information on the relevant sections of the VIN of every 
motorcycle type vehicle registered with the States. FHWA could request 
States to report the relevant digits of the VIN of the registered 
motorcycle to gather additional details on the motorcycle 
characteristics and avoid digits that indicate a specific vehicle. By 
only asking for the characteristic-relevant digits, FHWA would avoid 
gathering any unique identifier of the vehicle (and the owner of the 
vehicle). FHWA seeks comments on whether the collection of this 
information would raise privacy concerns.
    Discussion with experts in the field indicates that motorcycle 
attributes contained in the VIN are less standardized than those for 
auto or truck type vehicles. This implies that VIN data may not be as 
helpful in classifying motorcycle type vehicles as some may believe. 
The VIN approach also adds considerable cost to FHWA's data collection 
and analysis program and may not provide significantly new or 
additional information. FHWA seeks comments on whether the collection 
of information contained in the VIN would provide useful or valuable 
information and if that information is useful, whether that information 
could be collected in another way.
    FHWA seeks comments on these proposed revisions and methods of 
reporting.

    Issued on: March 8, 2010.
Victor M. Mendez,
Administrator.
[FR Doc. 2010-6361 Filed 3-22-10; 8:45 am]
BILLING CODE 4910-22-P