[Federal Register: August 13, 1999 (Volume 64, Number 156)] [Notices] [Page 44263-44264] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au99-128] ----------------------------------------------------------------------- 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] BILLING CODE 4910-59-P