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90416 Federal Register/Vol. 81, No. 240/Wednesday, December 14, 2016/Rules and Regulations

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90416 Federal Register/Vol. 81, No. 240/Wednesday, December 14, 2016/Rules and Regulations 90416 Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Rules and Regulations DEPARTMENT OF TRANSPORTATION For non-legal issues, Mr. Mike Pyne, Regulation Identifier Number (RIN) Office of Crash Avoidance Standards I. Executive Summary National Highway Traffic Safety (telephone: 202–366–4171) (fax: 202– Administration 493–2990). Mr. Pyne’s mailing address The PSEA requires NHTSA to is National Highway Traffic Safety establish performance requirements for 49 CFR Parts 571 and 585 Administration, NVS–123, 1200 New an alert sound that is recognizable as a [Docket No. NHTSA–2016–0125] Jersey Avenue SE., Washington, DC motor vehicle in operation that allows 20590. blind and other pedestrians to detect RIN 2127–AK93 For legal issues, Mr. Thomas Healy, nearby electric vehicles or hybrid Office of the Chief Counsel (telephone: vehicles operating at lower speeds. This Federal Motor Vehicle Safety 202–366–2992) (fax: 202–366–3820). Standards; Minimum Sound final rule establishes FMVSS No.141, Mr. Healy’s mailing address is National Minimum Sound Requirements for Requirements for Hybrid and Electric Highway Traffic Safety Administration, Vehicles Hybrid and Electric Vehicles, which NCC–112, 1200 New Jersey Avenue SE., requires hybrid and electric passenger AGENCY: National Highway Traffic Washington, DC 20590. cars and LTVs with a gross vehicle Safety Administration (NHTSA), SUPPLEMENTARY INFORMATION: weight rating (GVWR) of 4,536 kg Department of Transportation (DOT). Table of Contents (10,000 lbs.) or less and LSVs, to ACTION: Final rule. produce sounds meeting the I. Executive Summary requirements of this standard so both SUMMARY: To reduce the risk of A. Summary of Requirements of the Final blind and sighted pedestrians can more pedestrian crashes, especially for the Rule B. Costs and Benefits easily detect and recognize by hearing blind and visually-impaired, and to these vehicles. Both blind and sighted satisfy the mandate in the Pedestrian II. Background and Summary of Notice of Proposed Rulemaking pedestrians have greater difficulty Safety Enhancement Act (PSEA) of 2010 A. Pedestrian Safety Enhancement Act and detecting hybrid and electric vehicles at this final rule establishes a new Federal National Traffic and Motor Vehicle low speeds than vehicles with ICE motor vehicle safety standard (FMVSS) Safety Act engines because hybrid and electric setting minimum sound requirements B. Safety Problem vehicles produce measurably less sound for hybrid and electric vehicles. This C. Research on Vehicle Emitted Sounds at those speeds.1 At higher speeds, in new standard requires hybrid and and Detectability D. Notice of Proposed Rulemaking contrast, tire and wind noise are the electric passenger cars, light trucks and primary contributors to a vehicle’s noise vans (LTVs), and low speed vehicles E. Summary of Comments to the NPRM III. Final Rule and Response to Comments output, so the sounds produced by (LSVs) to produce sounds meeting the A. Summary of the Final Rule hybrid and electric vehicles and ICE requirements of this standard. This final B. Applicability of the Standard vehicles are similar. rule applies to electric vehicles (EVs) C. Critical Operating Scenarios and to those hybrid vehicles (HVs) that D. Crossover Speed Hybrid vehicles with gross vehicle are capable of propulsion in any E. Acoustic Parameters for Detection of weight rating (GVWR) of 4,536 kg forward or reverse gear without the Motor Vehicles (10,000 lbs.) or less are 1.18 times more vehicle’s internal combustion engine F. Acoustic Parameters for Recognition of likely than an ICE vehicle to be involved (ICE) operating. This standard will help Motor Vehicles in a collision with a pedestrian and 1.51 G. Frequency (Pitch) Shifting and Volume times more likely to be involved in a to ensure that blind, visually impaired, Change and other pedestrians are able to detect collision with a pedalcyclist. NHTSA H. Sameness assumes that this difference in accident and recognize nearby hybrid and I. Customer Acceptance electric vehicles, as required by the J. Test Conditions rates is mostly attributable to the PSEA. K. Test Procedure pedestrians’ inability to detect the L. Phase-in of Requirements presence of these vehicles through DATES: Effective date: This rule is IV. International Harmonization and hearing. effective February 13, 2017. Stakeholder Consultation Compliance date: Initial compliance To further evaluate the assumption V. Analysis of Costs, Benefits, and that the difference in crash rates is is required, in accordance with the Environmental Effects phase-in schedule, on September 1, A. Benefits mostly attributable to differences in 2018. Full compliance is required on B. Costs vehicle emitted sound, the agency September 1, 2019. C. Comparison of Costs and Benefits conducted research to see if there was Petitions for reconsideration: Petitions D. Retrospective Review a difference in the ability of pedestrians for reconsideration of this final rule E. Environmental Assessment to detect approaching hybrid and must be received not later than January VI. Regulatory Notices and Analyses electric vehicles versus ICE vehicles. 30, 2017. Executive Order (E.O.) 12866 (Regulatory The agency also conducted research to Incorporation by Reference: The Planning and Review), E.O. 13563, and examine how the frequency incorporation by reference of certain DOT Regulatory Policies and Procedures composition of a sound influenced the Executive Order 13609: Promoting publications listed in the standard is International Regulatory Cooperation ability of pedestrians to detect that approved by the Director of the Federal National Environmental Policy Act sound in the presence of ambient noise. Register as of February 13, 2017. Regulatory Flexibility Act Section II.C provides much more ADDRESSES: Petitions for reconsideration Executive Order 13132 (Federalism) information on this research and how of this final rule must refer to the docket Executive Order 12988 (Civil Justice the agency used it in the context of this and notice number set forth above and Reform) rulemaking. be submitted to the Administrator, Unfunded Mandates Reform Act Paperwork Reduction Act 1 Garay-Vega, L; Hastings, A.; Pollard, J.K.; National Highway Traffic Safety Executive Order 13045 Administration, 1200 New Jersey Zuschlag, M. & Stearns, M. (2010, April). Quieter National Technology Transfer and Cars and the Safety of Blind. Pedestrians: Phase 1. Avenue SE., Washington, DC 20590. Advancement Act DOT HS 811 304. Washington, DC: National FOR FURTHER INFORMATION CONTACT: Executive Order 13211 Highway Traffic Safety Administration. VerDate Sep<11>2014 18:14 Dec 13, 2016 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\14DER2.SGM 14DER2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Rules and Regulations 90417 A. Summary of Requirements of the 30 km/h. The final rule also adopts the agency acknowledges that the concept Final Rule agency’s proposal to conduct of increasing sound pressure level with On January 14, 2013, NHTSA compliance testing outdoors. increased speed is not a direct published a notice of proposed With regard to the scope of the final replacement for pitch shifting, but we rulemaking (NPRM) specifying rule and what level of sound to emit and believe it is a reasonable alternative that minimum sound requirements for when, however, the agency is adopting will provide useful audible information hybrid and electric vehicles.2 The numerous changes to the proposal in to pedestrians about the operating state response to additional analysis of nearby vehicles. NPRM discussed three alternative • means for the agency to establish conducted by the agency and in The NPRM proposed that sound requirements for, and measure response to comments, including the emitted by hybrid and electric vehicles compliance with, minimum levels of following: must contain one tone no higher than • The final rule will only apply to vehicle emitted sound. In the NPRM, 400 Hz and emit broadband content four-wheeled hybrid and electric the agency proposed its preferred including each one-third octave band vehicles with a gross vehicle weight alternative which was to establish from 160 Hz to 5000 Hz so that sounds rating (GVWR) of 4,536 kg (10,000) minimum requirements for vehicle emitted by these vehicles would be pounds or less. The NPRM proposed emitted sound using a psychoacoustic recognizable as motor vehicles. The that this rule would also apply to hybrid model. Sounds meeting the proposed final rule does not adopt these proposed and electric vehicles with a GVWR over requirements would contain acoustic requirements. We believe that 4,536 kg (10,000) pounds and to electric elements designed to enhance detection pedestrians will use other cues to motorcycles. We believe that we do not and to aid pedestrians in recognizing recognize EVs and HVs such as the have enough information at this time to the sound as coming from a motor location of the sound source and the apply the minimum acoustic vehicle. We believed that the preferred frequency and level changes caused by requirements of this final rule to these alternative placed the greatest emphasis the motion of the sound. vehicles. • In order to ensure that hybrid and on ensuring the vehicle emitted sounds • In this final rule, the agency is electric vehicles of the same make, were detectable to pedestrians. In reducing the number of one-third octave model, and model year emit the same addition to the preferred alternative, the bands for which there are minimum sound, as required by the PSEA, the NPRM also discussed minimum sound requirements. The NPRM proposed that NPRM proposed that vehicles of the requirements for HVs and EVs designed vehicles would have to emit sound same make, model, and model year to resemble sounds produced by ICE meeting minimum requirements in eight must emit the same level of sound, vehicles. This alternative would place a one-third octave bands. To comply with within 3 dB(A), in each one-third octave greater emphasis on recognizability than this final rule, hybrid and electric band from 160 Hz to 5000 Hz.
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