Two- and Three-Wheeled Vehicles, 34810-34814 [05-11764]
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34810
Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Notices
FOR FURTHER INFORMATION CONTACT:
Dated: June 7, 2005.
By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 05–11757 Filed 6–14–05; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA 2005–21467]
Two- and Three-Wheeled Vehicles
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of draft interpretation;
request for comments.
AGENCY:
SUMMARY: This document sets forth a
draft interpretation concerning whether
certain two- and three-wheeled vehicles
are ‘‘motor vehicles’’ and thus subject to
the Federal motor vehicle safety
standards and to other vehicle safety
requirements. Physical characteristics
previously relied upon by the agency
are no longer reliable determinants of
whether a two- or three-wheeled vehicle
is a ‘‘motor vehicle.’’ Additionally, the
vehicles that were the subject of past
agency interpretations are no longer
representative of the two- and threewheeled vehicles on the market today.
For these reasons, and because vehicle
designs continue to change and
proliferate, manufacturers, importers,
and import specialists from U.S.
Customs and Border Protection
(Customs) are requesting interpretations
from NHTSA as to whether various twoand three-wheeled vehicles are ‘‘motor
vehicles.’’ This document would
address the issues raised in those types
of requests.
DATES: You should submit comments
early enough to ensure that Docket
Management receives them not later
than August 15, 2005.
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You may submit comments
(identified by the DOT DMS Docket
Number above) by any of the following
methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number. For detailed instructions on
submitting comments, see the
Submission of Comments heading under
the Supplementary Information section
of this document.
Note that all comments received will
be posted without change to https://
dms.dot.gov, including any personal
information provided. Anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 65, Number 70; Pages 19477–
78) or you may visit https://dms.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Christopher Calamita, Vehicle Safety
Rulemaking and Harmonization
Division, Office of Chief Counsel,
National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590, telephone:
(202) 366–2992, Fax: (202) 366–3820.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Sharon Cassidy, U.S. Department of
Transportation, Maritime
Administration, MAR–830 Room 7201,
400 Seventh Street, SW., Washington,
DC 20590. Telephone 202–366–5506.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel VEGA is:
Intended Use: ‘‘Provide day and
multi-day sail/auxiliary passenger
service for up to six passengers.’’
Geographic Region: ‘‘South Central
Alaska from Prince William Sound west
to include Kenai Fiord, Afornak Island
and Kodiak Island.’’
I. Background
II. Draft Interpretation
A. Vehicles with Speed Capabilities of Less
than 20 mph
B. Off-road Two- and Three-wheeled
vehicles
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III. Reliance on Draft Interpretation
IV. Submission of Comments
I. Background
Under 49 U.S.C. Chapter 301, NHTSA
has authority to establish safety
standards for ‘‘motor vehicles.’’ ‘‘Motor
vehicle’’ is defined at 49 U.S.C. 30102(a)
as:
[A] vehicle driven or drawn by mechanical
power and manufactured primarily for use on
the public streets, roads, and highways, but
does not include a vehicle operated only on
a rail line.
NHTSA has issued regulations to
define various types of motor vehicles,
e.g., passenger car, multipurpose
passenger vehicle, truck, and
motorcycle, recognizing that different
types of motor vehicles present different
safety problems and that the standards
that are reasonable, practicable and
appropriate for one type of vehicle may
not be for another type (see definitions
at 49 CFR 571.3). The agency has relied
on these regulatory definitions to ensure
that vehicles are correctly classified and
made subject to the appropriate set of
safety requirements.
The agency has defined the term
‘‘motorcycle,’’ as a motor vehicle 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
(49 CFR 571.3). Recognizing that small,
low-powered motorcycles should be
regulated differently than larger, higherpowered motorcycles, we established a
sub-classification of ‘‘motorcycle,’’ the
‘‘motor-driven cycle.’’ 1 However, in
order for a two-or three-wheeled vehicle
to be regulated as a motorcycle or a
motor-driven cycle, it must still come
within the statutory definition of ‘‘motor
vehicle.’’
The agency’s interpretations of the
term ‘‘motor vehicle,’’ have centered on
the word ‘‘primarily’’ used in the
statutory definition. We have generally
interpreted ‘‘primarily’’ to mean that a
significant portion of a vehicle’s use
must be on public roads in order for the
vehicle to be considered a ‘‘motor
vehicle.’’ Vehicles that cannot be
operated on public roads, such as
vehicles with tracks, are not ‘‘motor
vehicles’’ and are not regulated by this
agency. Conversely, we have held that
the ability to operate on public roads is
indicative that a vehicle is a motor
vehicle.
The agency has long recognized that
not all two- and three-wheeled,
motorized vehicles with on-road
capabilities are motor vehicles. In 1969,
1 ‘‘Motor-driven cycle’’ is defined as ‘‘a
motorcycle with a motor that produces 5-brake
horsepower or less.’’ 49 CFR 571.3.
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the agency was asked to reconsider its
interpretation that ‘‘mini-bikes’’ were
motor vehicles (See 34 FR 15416;
October 3, 1969). Manufacturers stated
that ‘‘mini-bikes’’ were manufactured
for use primarily off-road and should
not be classified as ‘‘motor vehicles.’’ In
response, the agency concluded that
‘‘mini-bikes’’ did not qualify as ‘‘motor
vehicles’’ even though they were
capable of operation on public roads.
The agency stated that in determining
whether a vehicle is manufactured
primarily for use on public roads and is
therefore a ‘‘motor vehicle,’’ it would
defer, in the first instance, to the
manufacturer’s judgment. However, we
also stated that the decision of the
manufacturer would not be conclusive.
In excluding ‘‘mini-bikes,’’ we noted
that a vast majority of States did not
permit or license ‘‘mini-bikes’’ for use
on public roads.
In the ‘‘mini-bike’’ notice, the agency
also addressed the issue of whether a
vehicle with on-road capabilities, but no
history of more than incidental use on
public roads, is a motor vehicle (e.g.,
vehicles intended for use almost
entirely on industrial sites). In such
borderline cases, we stated that a
manufacturer’s determination that a
vehicle is not a motor vehicle would be
accepted if the manufacturer:
(1) Did not equip them with devices
and accessories that render them lawful
for use and registration on public
highways under State and local law;
(2) Did not otherwise participate or
assist in making the vehicles lawful for
operation on public roads (as by
furnishing certificates of origin or other
title documents, unless those
documents contain a statement that the
vehicles were not manufactured for use
on public streets, roads, or highways);
(3) Did not advertise or promote them
as vehicles suitable for use on public
roads;
(4) Did not generally market them
through retail dealers of motor vehicles;
and
(5) Affixed to them a notice stating in
substance that the vehicles are not for
use on public streets, roads, or
highways.
Since this interpretation was
published in 1969, we have identified
additional elements for consideration in
determining whether vehicles capable of
on-road use are motor vehicles.
In a number of interpretation letters,
the agency indicated that vehicles were
excluded from the definition of ‘‘motor
vehicle’’ if they had an ‘‘abnormal’’
configuration and if their maximum
speed was 20 miles per hour (mph) or
less. Developed initially to deal with
large, slow moving vehicles such as
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large road maintenance vehicles that
stand out from the normal flow of traffic
and thus are readily visible to
approaching and following drivers, this
approach came to be used for vehicles
of all sizes.
The agency also indicated that folding
handlebars and collapsible or removable
seats could indicate that a two-wheeled
vehicle was not a ‘‘motor vehicle.’’ At
that time, a variety of two- or threewheeled vehicles were designed to stow
in the cargo area of a passenger vehicle,
so that these vehicles could be easily
transported to off-road areas.2 Typically,
these vehicles were transported to an
off-road location for operation and
would not be themselves a means of
transport on public roads. Therefore,
these vehicles were not motor vehicles.
Folding handlebars and collapsible or
removable seats were characteristics
that demonstrated the portability of
these vehicles, and provided a
convenient indication of whether a
vehicle was designed primarily for offroad use.
In 1997, we announced that we were
abandoning the ‘‘abnormal’’
configuration line of interpretation,
stating that as it was then being applied,
it lacked the necessary clarity to provide
adequate guidance.3 While the agency
abandoned the ‘‘abnormal’’
configuration test, we continued to rely
on a vehicle’s speed capability as an
important, although not a conclusive,
factor in determining whether a two- or
three-wheeled vehicle is a motor
vehicle, i.e., a maximum speed
capability under 20 mph makes it less
likely that a vehicle would be operated
on public roads. Speed capability has
continued to be considered in
conjunction with various physical
features of vehicles as being indicative
of intended use.
In recent years, there has been a
proliferation in the variety of designs of
two- and three-wheeled vehicles,
including vehicles popularly referred to
as pocket bikes, mini-choppers, pocket
ninjas, etc. As vehicle designs continue
to change and more varieties of two- and
three-wheeled vehicles are introduced
into the market, characteristics
previously relied upon for classification
purposes may no longer be reliably
indicative of off-road use. For example,
vehicle designs previously classified as
motorcycles have been modified and
manufactured with folding handlebars
2 In this notice, we are using the term ‘‘off-road’’
to mean any non-public area. The term is not
limited to unpaved areas and includes parking lots,
private roads, and paved trails.
3 See Notice of Proposed Rulemaking, 62 FR 1077,
1079 (January 8, 1997) and the November 20, 1997
letter to Mr. Gary Starr of ZAP Electric Bikes.
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and removable seats. However, these
changes in design did little to increase
the portability of these vehicles.
Further, while the mini-bike designs
considered in the 1969 notice lacked
equipment for on-road use, vehicles
with low seating heights now are often
equipped with headlights, turn signals,
brake lights, and mirrors. The presence
of this type of equipment on a low
speed vehicle may be intended for
ornamental purposes only (i.e., to
provide a more realistic ‘‘toy’’) or it may
suggest that a vehicle is intended for onroad use.
As a result of the evolution of twoand three-wheeled vehicle designs,
previous characteristics used in
determining whether a vehicle is a
‘‘motor vehicle’’ may no longer be
appropriate. The vehicle designs
addressed in previous agency
interpretation letters are no longer
representative of those vehicles being
imported and manufactured. This has
been evidenced by an increase in the
number of importers, manufacturers,
and import specialists seeking agency
interpretations regarding the proper
classification of two- and three-wheeled
motor vehicles.
On June 28, 2004, the agency
published its intent to propose an
amendment to the definition of
‘‘motorcycle’’ in 49 CFR 571.3 to
address this issue (69 FR 37917, 37922).
However, we have tentatively decided
to address this issue through an
interpretation. As the main issue is
whether certain two- and three wheeled
vehicles are motor vehicles, we believe
that it is more appropriate to provide an
interpretation of the statutory definition
of ‘‘motor vehicle,’’ as opposed to
amending the definition of motorcycle.
II. Draft Interpretation
The agency continues to adhere to the
view that in determining whether a
vehicle is a ‘‘motor vehicle’’ under the
statute, we must rely primarily on
vehicle characteristics to discern
whether a vehicle was manufactured
primarily for use on public roads.
Physical characteristics are more readily
discernible than information about
vehicle usage. Further, they provide a
more objective basis, as opposed to a
manufacturer’s subjective intent, for
classifying a particular vehicle as a
‘‘motor vehicle.’’ However, as stated
above, with the evolution of vehicle
designs, not all characteristics
previously relied upon are necessarily
still indicative of on-or off-road use.
Also, while we believe it was necessary
to abandon the use of ‘‘abnormal
configuration’’ in making
interpretations, this may leave a void in
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determining how some vehicles with
low speed capabilities should be
classified.
A. Vehicles With Speed Capabilities of
Less Than 20 mph
To provide an interpretation that
would allow a clearer and easier
determination, the agency is considering
giving significantly greater value to
maximum speed capability as a dividing
line between non-motor vehicles and
motor vehicles. For the reasons
explained below, we have tentatively
concluded that the maximum speed of
a vehicle with on-road capabilities is
largely determinative of whether the
vehicle was manufactured to operate on
a public road, in normal moving traffic,
and therefore a ‘‘motor vehicle.’’
Basing our interpretation primarily on
speed would be consistent with
Congress’ decision to exclude from
NHTSA’s regulatory authority electric
bicycles with a specified maximum
speed capability (Pub. L. 107–319,
December 4, 2002; codified at 15 U.S.C.
2085; Consumer Product Safety Act).
Congress concluded that because lowspeed electric bikes ‘‘are designed not to
exceed the maximum speed of a humanpowered bicycle, and they are typically
used in the same manner as humanpowered bicycles, electric bicycles
should be regulated in the same manner
and under the same agency (the
[Consumer Product Safety Commission
(CPSC)]) as human-powered bicycles
(id.).’’
The Consumer Product Safety Act
defines the term ‘‘low speed electric
bicycle’’ as a two- or three-wheeled
vehicle with fully operable pedals and
an electric motor of less than 750 watts
(1 horsepower), whose maximum speed
on a paved level surface, when powered
solely by such a motor while ridden by
an operator who weighs 170 pounds, is
less than 20 mph (15 U.S.C. 2085(b)).4
Consistent with the Congressional
definition of low speed electric bicycle,
we have tentatively concluded that if a
two- or three-wheeled vehicle were to
have a maximum speed capability of
less than 20 mph (32 km/h), regardless
of on-road capabilities, it would not be
a ‘‘motor vehicle,’’ except in very
limited circumstances, as explained
below. As with electric bicycles,
motorized vehicles with a maximum
speed capability of less than 20 mph are
designed not to exceed the maximum
4 On March 22, 2002, the U.S. Electric Bicycle
and Scooter Association petitioned the NHTSA to
adopt the then proposed statutory definition of
‘‘low speed electric bicycle.’’ See Docket No. 2000–
7073–7. Given the adoption of this definition in the
legislation enacted by Congress, we find the
petition to be moot.
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speed of human-powered bicycles.
Therefore, we have tentatively
concluded that vehicles with this low
speed capability should not be regulated
as ‘‘motor vehicles.’’
This maximum speed capability
approach is also consistent with the
agency’s traditional consideration of a
maximum speed capability of 20 mph as
one factor to use in distinguishing
between motor vehicles and non-motor
vehicles. A speed capability of 20 mph
or greater makes it much more likely
that a vehicle could be operated in
normal moving traffic and would be
used on the public roadways. The
lowest posted maximum speeds for
public roads are typically 20 mph or 25
mph. Vehicles with a lower speed
capability would have difficulty
operating in normal moving traffic and
thus would be less likely to be used on
public roadways. In fact, States can
regulate the operation of these vehicles
and prohibit their operation on some or
all public roads, as appropriate.
Additionally, this 20 mph dividing line
would provide a clear, single parameter
for determining whether many vehicles
are subject to the Federal motor vehicle
safety standards (49 CFR Part 571) and
the regulations governing notification
and remedy for safety-related defects
and noncompliance (49 CFR Part 573
and 577).
The agency recognizes that we must
be specific as to the meaning of
maximum speed capability in order to
provide a clear interpretation. For
example, the speed of a low-powered,
two-wheeled vehicle may vary
considerably depending on the weight
of the driver. Clarity in this area is of
importance for manufacturers and also
for individuals attempting to determine
a vehicle’s speed upon inspection (e.g.,
Customs officers at a Port of Entry). The
agency has tentatively decided to rely
on the method that is based on ISO
7116, ‘‘Road Vehicles—Measurement
Method for the Maximum Speed of
Mopeds.’’ This should provide a method
with which industry and testing
laboratories are already familiar.
A vehicle’s maximum speed would be
the highest speed attainable in 1 mile
(1.6 km) averaged over a distance
interval of 328 feet (100 meters). ISO
7116 specifies a distance interval of 656
feet (200 meters), but because battery
capacity of electric vehicles may limit
the distance over which an absolute top
speed can be maintained, we tentatively
concluded that half that distance would
be appropriate. As such, we have
tentatively concluded that a two-or
three-wheeled vehicle’s maximum
speed would be determined as follows:
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A vehicle’s maximum speed would be the
highest speed attainable in 1 mile (1.6 km),
averaged over a distance interval of 328 feet
(100 m), on a paved level surface, while
carrying 170 lb (± 5 lb) including the
operator. The maximum speed test would be
performed in opposite directions over the
same track, and the results of the two runs
averaged.
In other words, a vehicle’s maximum
speed would be the speed averaged over
a continuous 328-foot (100 m) interval
that is within one mile (1.6 km) of the
start position. For example, a vehicle
could be operated for a total of 492 ft
(150 m). The first 164 feet would permit
the vehicle to obtain maximum speed,
then the following 328 feet (100 m)
would be used to obtain a time-overdistance measurement. Under the
procedure described above, the initial
distance could be any distance less than
1 mile (1.6 km) at which the vehicle
reached its top speed and the test was
completed within a distance of 1 mile
(1.6 km). The test would then be run on
the same track in the opposite direction
to account for slope in the track and for
wind, with the vehicle’s maximum
speed being the average of the two
measurements.
The agency is requesting comment on
the appropriateness of relying primarily,
and nearly exclusively for lower speed
vehicles, on the maximum speed
capability when classifying two- and
three-wheeled vehicles as motor
vehicles or non-motor vehicles and on
the appropriateness of using 20 mph as
the threshold.
While the speed capability would be
given greater weight in excluding lowspeed, two- and three-wheeled vehicles
from the definition of ‘‘motor vehicle,’’
it would not be an absolute
consideration. In certain instances, the
agency would not rely on a speed
capability that is based on the presence
of a device used to mechanically limit
the maximum speed of a vehicle (a
speed governor). In a June 28, 2000
letter to Mr. Thomas E. Dahl, we
explained that when determining the
maximum speed capability of a highspeed vehicle which is equipped with a
speed governor, we would look beyond
the speed which might be attained with
the governor engaged and consider the
underlying speed capability of that
vehicle.
The letter to Mr. Dahl was in
reference to four-wheeled low-speed
vehicles, as defined in 49 CFR 571.3,5
5 The agency established ‘‘low-speed vehicles’’ as
a separate class of motor vehicles, which are subject
to safety standards appropriate given the limited
operational capabilities and environments of those
vehicles. ‘‘Low-speed vehicle’’ is defined as a ‘‘4wheeled motor vehicle, other than a truck, whose
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but this draft interpretation would adopt
this rationale for two- and threewheeled vehicles. If a vehicle’s
maximum speed were limited by a
governor, the agency would consider the
vehicle’s underlying speed (i.e., without
the governor engaged) in determining
whether the vehicle is a motor vehicle,
unless the governor was installed by the
manufacturer and was not easily
removable or defeatable. Moreover,
regardless of the circumstances, the
addition of a governor to an obviously
high speed vehicle (e.g., one that travels
at speeds of 45 mph or greater) would
not turn it into a low speed vehicle.
We request comments on any other
factors that should be considered with
respect to the underlying speed
capability of vehicles, so that our
interpretation would not be used
inadvertently to classify vehicles with
larger power plants as falling outside
the definition of ‘‘motor vehicle.’’ For
example, how should the agency deal
with a vehicle whose speed capability
can readily be increased to speeds of 20
mph or more through simple
adjustments to the vehicle?
A consequence of this interpretation
would be that two- and three-wheeled
vehicles with a maximum speed
capability of less than 20 mph may
become subject to the jurisdiction of the
CPSC. Under the Consumer Product
Safety Act, the CPSC has authority to
regulate consumer products (15 U.S.C.
2051(b)). The Consumer Product Safety
Act defines a consumer product, in part,
as:
[A]ny article, or component part thereof,
produced or distributed (i) for sale to a
consumer for use in or around a permanent
or temporary household or residence, a
school, in recreation, or otherwise, or (ii) for
the personal use, consumption or enjoyment
of a consumer in or around a permanent or
temporary household or residence, a school,
in recreation, or otherwise; but such term
does not include * * *
(C) motor vehicles or motor vehicle
equipment (as defined by sections 102(3) and
(4) of the National Traffic and Motor Vehicle
Safety Act of 1966), [49 U.S.C. 30102(a)(6)–
(7).]
(15 U.S.C. 2052(c)). To ensure continued
protection of the public, NHTSA is
coordinating our interpretation with
CPSC.
B. Vehicles With Speed Capabilities
Greater Than 20 mph
Under the draft interpretation, twoand three-wheeled vehicles with a
speed capability of 20 mph (32 km/h) or
speed attainable in 1.6 km (1 mile) is more than 32
kilometers per hour (20 miles per hour) and not
more than 40 kilometers per hour (25 miles per
hour) on a paved level surface’’ (49 CFR 571.3).
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greater would be excluded from the
definition of ‘‘motor vehicle’’ if they are
manufactured primarily for off-road use
(e.g., dirt bikes and motocross bikes).
These vehicles are not used primarily
on public roads, and therefore are not
‘‘motor vehicles.’’ In determining
whether a two- or three-wheeled vehicle
is an ‘‘off-road’’ vehicle, we would again
look to the physical features of the
vehicle.
We have tentatively concluded that if
a two- or three-wheeled vehicle lacks a
vehicle identification number (VIN) as
specified in 49 CFR Part 565, Vehicle
Identification Number Requirements,
and lacks mirrors, turn signal lamps,
side marker lamps, and stop lamps (onroad equipment), then the vehicle
should be considered an ‘‘off-road’’
vehicle. We have tentatively concluded
that the lack of a VIN and on-road
equipment indicates that a vehicle was
not manufactured primarily for use on
public roads. Therefore, these vehicles
would not be considered ‘‘motor
vehicles.’’ By contrast, the presence of
these items on a two- or three-wheeled
vehicle that has a speed capability of 20
mph (32 km/h) or greater indicates that
the vehicle is intended for on-road use.
VINs
In a vast majority of circumstances, a
VIN is required under State law to
register a vehicle for use on public
roads. Unless a vehicle is properly
registered, most jurisdictions prohibit
its operation on public roads, and the
operation of an unregistered vehicle on
public roads is a matter of State or local
enforcement.
We recognize that some States require
the registration of off-road vehicles, and
that some States require a VIN or VINlike number for this registration.
Previously, the Society of Automotive
Engineers was assigning World
Manufacturer Identifiers (WMIs), which
normally consist of the first 3 characters
of a VIN, to manufacturers for assigning
identification numbers to off-road
vehicles. At the direction of NHTSA,
SAE no longer assigns WMIs for this
purpose. Therefore, an off-road vehicle
should not be assigned an identification
number that complies with Part 565. To
facilitate the continued State
registration of off-road vehicles the SAE
VIN/WMI Technical Committee is
working to develop an alternative
format that would not conflict with Part
565.
On-Road Equipment
In order for a two- and three-wheeled
vehicle to be safely operated on a public
road it requires mirrors, turn signal
lamps, side marker lamps, and stop
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34813
lamps 6. The agency has tentatively
concluded that a lack of these features
would demonstrate that a vehicle was
not intended for on-road use. This is
consistent with our past interpretation
letters in which we have stated that the
presence of mirrors, turn signal lamps,
side marker lamps, or a stop lamp
suggests that a vehicle is intended for
on-road use.
Additionally, the agency reviewed the
current off-road vehicle market in order
to identify the appropriate equipment to
identify vehicles manufactured for onroad use. However, the agency does not
have the same level of experience with
off-road vehicles as we do with on-road
vehicles. Further, we recognize that
there may be some value to safety in
equipping off-road vehicles with one or
more of these items. Therefore, we
request comment on the appropriateness
of the on-road equipment chosen to
distinguish off-road vehicles with
maximum speed capabilities 20 mph or
greater from on-road vehicles.
• Are there currently off-road
vehicles that would be classified as onroad vehicles based on the ‘‘on-road
equipment’’ guidelines?
• If so, which vehicles?
• If we were to adopt guidelines as
discussed above, what would be the
impact to off-road vehicle
manufacturers?
• Are there other vehicle
characteristics that may better
distinguish on-road two- and threewheeled vehicles from off-road two- and
three-wheeled vehicles?
III. Reliance on Draft Interpretation
We are inviting public comments on
our draft interpretation and, after
reviewing the comments plan to publish
a final interpretation in the Federal
Register. We recognize that, in the
meantime, manufacturers, importers,
and import specialists must make
determinations as to whether various
two- and three-wheeled vehicles are
‘‘motor vehicles’’ and thus subject to the
Federal motor vehicle safety standards
and to other vehicle safety
requirements. Until we publish a final
interpretation, these and other parties
may rely on our draft interpretation
with regard to vehicles with maximum
speed capabilities less than 20 mph.
6 A stop lamp is a lamp that gives a steady light
to the rear of a vehicle to indicate the intention of
the vehicle operator to stop or reduce speed through
braking.
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34814
Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Notices
IV. Submission of Comments
How Do I Prepare and Submit
Comments?
Your comments must be written and
in English. To ensure that your
comments are correctly filed in the
Docket, please include the docket
number of this document in your
comments.
Your comments must not be more
than 15 pages long. (49 CFR 553.21). We
established this limit to encourage you
to write your primary comments in a
concise fashion. However, you may
attach necessary additional documents
to your comments. There is no limit on
the length of the attachments.
Please submit two copies of your
comments, including the attachments,
to Docket Management at the address
given above under ADDRESSES.
Comments may also be submitted to the
docket electronically by logging onto the
Dockets Management System Web site
at https://dms.dot.gov. Click on ‘‘Help &
Information’’ or AHelp/Info@ to obtain
instructions for filing the document
electronically.
How Can I Be Sure That My Comments
Were Received?
If you wish Docket Management to
notify you upon its receipt of your
comments, enclose a self-addressed,
stamped postcard in the envelope
containing your comments. Upon
receiving your comments, Docket
Management will return the postcard by
mail.
How Do I Submit Confidential Business
Information?
If you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION
CONTACT. In addition, you should
submit two copies, from which you
have deleted the claimed confidential
business information, to Docket
Management at the address given above
under ADDRESSES. When you send a
comment containing information
claimed to be confidential business
information, you should include a cover
letter setting forth the information
specified in our confidential business
information regulation. (49 CFR Part
512.)
Will the Agency Consider Late
Comments?
We will consider all comments that
Docket Management receives before the
VerDate jul<14>2003
17:57 Jun 14, 2005
Jkt 205001
close of business on the comment
closing date indicated above under
DATES. To the extent possible, we will
also consider comments that Docket
Management receives after that date.
DEPARTMENT OF TRANSPORTATION
How Can I Read the Comments
Submitted by Other People?
Union Pacific Railroad Company—
Trackage Rights Exemption—Illinois
Central Railroad Company D/B/A
Canadian National Railway Company
You may read the comments received
by Docket Management at the address
given above under ADDRESSES. The
hours of the Docket are indicated above
in the same location.
You may also see the comments on
the Internet. To read the comments on
the Internet, take the following steps:
(1) Go to the Docket Management
System (DMS) Web page of the
Department of Transportation (https://
dms.dot.gov/).
(2) On that page, click on ‘‘search.’’
(3) On the next page (https://
dms.dot.gov/search/), type in the fourdigit docket number shown at the
beginning of this document. Example: If
the docket number were ‘‘NHTSA–
1998–1234,’’ you would type ‘‘1234.’’
After typing the docket number, click on
‘‘search.’’
(4) On the next page, which contains
docket summary information for the
docket you selected, click on the desired
comments. You may download the
comments. However, since the
comments are imaged documents,
instead of word processing documents,
the downloaded comments are not word
searchable.
Please note that even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
periodically check the Docket for new
material.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
Surface Transportation Board
[STB Finance Docket No. 34711]
Illinois Central Railroad Company
d/b/a Canadian National Railway
Company (CN) has agreed to grant
overhead trackage rights to Union
Pacific Railroad Company (UP) over
CN’s line of railroad between CN’s
connection with UP at CN milepost
228.9, near Kinmundy, IL, and the north
end of Laclede Siding at CN milepost
214.6, near Laclede, IL, a distance of
approximately 14.3 miles.
The transaction is scheduled to be
consummated on the June 8, 2005
effective date of the exemption.
The purpose of the trackage rights is
to permit UP to operate over the CN
trackage to interchange with CN at an
alternate location when interchange at
Salem, IL, is precluded.
As a condition to this exemption, any
employees affected by the acquisition of
the trackage rights will be protected by
the conditions imposed in Norfolk and
Western Ry. Co.—Trackage Rights—BN,
354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.—Lease and
Operate, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If it contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34711 must be filed with the
Surface Transportation Board, 1925 K
Street, NW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on Robert T.
Opal, Union Pacific Railroad Company,
1400 Douglas Street, Mail Stop 1580,
Omaha, NE 68179.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Issued on June 8, 2005.
Jacqueline Glassman,
Chief Counsel.
[FR Doc. 05–11764 Filed 6–14–05; 8:45 am]
Decided: June 3, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–11731 Filed 6–14–05; 8:45 am]
BILLING CODE 4910–59–P
BILLING CODE 4915–01–P
PO 00000
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Agencies
[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Notices]
[Pages 34810-34814]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11764]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 2005-21467]
Two- and Three-Wheeled Vehicles
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of draft interpretation; request for comments.
-----------------------------------------------------------------------
SUMMARY: This document sets forth a draft interpretation concerning
whether certain two- and three-wheeled vehicles are ``motor vehicles''
and thus subject to the Federal motor vehicle safety standards and to
other vehicle safety requirements. Physical characteristics previously
relied upon by the agency are no longer reliable determinants of
whether a two- or three-wheeled vehicle is a ``motor vehicle.''
Additionally, the vehicles that were the subject of past agency
interpretations are no longer representative of the two- and three-
wheeled vehicles on the market today. For these reasons, and because
vehicle designs continue to change and proliferate, manufacturers,
importers, and import specialists from U.S. Customs and Border
Protection (Customs) are requesting interpretations from NHTSA as to
whether various two- and three-wheeled vehicles are ``motor vehicles.''
This document would address the issues raised in those types of
requests.
DATES: You should submit comments early enough to ensure that Docket
Management receives them not later than August 15, 2005.
ADDRESSES: You may submit comments (identified by the DOT DMS Docket
Number above) by any of the following methods:
Web Site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number. For detailed instructions on submitting comments, see
the Submission of Comments heading under the Supplementary Information
section of this document.
Note that all comments received will be posted without change to
https://dms.dot.gov, including any personal information provided. Anyone
is able to search the electronic form of all comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78) or you may visit https://dms.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Christopher Calamita, Vehicle Safety
Rulemaking and Harmonization Division, Office of Chief Counsel,
National Highway Traffic Safety Administration, 400 Seventh Street,
SW., Washington, DC 20590, telephone: (202) 366-2992, Fax: (202) 366-
3820.
SUPPLEMENTARY INFORMATION:
I. Background
II. Draft Interpretation
A. Vehicles with Speed Capabilities of Less than 20 mph
B. Off-road Two- and Three-wheeled vehicles
III. Reliance on Draft Interpretation
IV. Submission of Comments
I. Background
Under 49 U.S.C. Chapter 301, NHTSA has authority to establish
safety standards for ``motor vehicles.'' ``Motor vehicle'' is defined
at 49 U.S.C. 30102(a) as:
[A] vehicle driven or drawn by mechanical power and manufactured
primarily for use on the public streets, roads, and highways, but
does not include a vehicle operated only on a rail line.
NHTSA has issued regulations to define various types of motor
vehicles, e.g., passenger car, multipurpose passenger vehicle, truck,
and motorcycle, recognizing that different types of motor vehicles
present different safety problems and that the standards that are
reasonable, practicable and appropriate for one type of vehicle may not
be for another type (see definitions at 49 CFR 571.3). The agency has
relied on these regulatory definitions to ensure that vehicles are
correctly classified and made subject to the appropriate set of safety
requirements.
The agency has defined the term ``motorcycle,'' as a motor vehicle
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 (49 CFR
571.3). Recognizing that small, low-powered motorcycles should be
regulated differently than larger, higher-powered motorcycles, we
established a sub-classification of ``motorcycle,'' the ``motor-driven
cycle.'' \1\ However, in order for a two-or three-wheeled vehicle to be
regulated as a motorcycle or a motor-driven cycle, it must still come
within the statutory definition of ``motor vehicle.''
---------------------------------------------------------------------------
\1\ ``Motor-driven cycle'' is defined as ``a motorcycle with a
motor that produces 5-brake horsepower or less.'' 49 CFR 571.3.
---------------------------------------------------------------------------
The agency's interpretations of the term ``motor vehicle,'' have
centered on the word ``primarily'' used in the statutory definition. We
have generally interpreted ``primarily'' to mean that a significant
portion of a vehicle's use must be on public roads in order for the
vehicle to be considered a ``motor vehicle.'' Vehicles that cannot be
operated on public roads, such as vehicles with tracks, are not ``motor
vehicles'' and are not regulated by this agency. Conversely, we have
held that the ability to operate on public roads is indicative that a
vehicle is a motor vehicle.
The agency has long recognized that not all two- and three-wheeled,
motorized vehicles with on-road capabilities are motor vehicles. In
1969,
[[Page 34811]]
the agency was asked to reconsider its interpretation that ``mini-
bikes'' were motor vehicles (See 34 FR 15416; October 3, 1969).
Manufacturers stated that ``mini-bikes'' were manufactured for use
primarily off-road and should not be classified as ``motor vehicles.''
In response, the agency concluded that ``mini-bikes'' did not qualify
as ``motor vehicles'' even though they were capable of operation on
public roads. The agency stated that in determining whether a vehicle
is manufactured primarily for use on public roads and is therefore a
``motor vehicle,'' it would defer, in the first instance, to the
manufacturer's judgment. However, we also stated that the decision of
the manufacturer would not be conclusive. In excluding ``mini-bikes,''
we noted that a vast majority of States did not permit or license
``mini-bikes'' for use on public roads.
In the ``mini-bike'' notice, the agency also addressed the issue of
whether a vehicle with on-road capabilities, but no history of more
than incidental use on public roads, is a motor vehicle (e.g., vehicles
intended for use almost entirely on industrial sites). In such
borderline cases, we stated that a manufacturer's determination that a
vehicle is not a motor vehicle would be accepted if the manufacturer:
(1) Did not equip them with devices and accessories that render
them lawful for use and registration on public highways under State and
local law;
(2) Did not otherwise participate or assist in making the vehicles
lawful for operation on public roads (as by furnishing certificates of
origin or other title documents, unless those documents contain a
statement that the vehicles were not manufactured for use on public
streets, roads, or highways);
(3) Did not advertise or promote them as vehicles suitable for use
on public roads;
(4) Did not generally market them through retail dealers of motor
vehicles; and
(5) Affixed to them a notice stating in substance that the vehicles
are not for use on public streets, roads, or highways.
Since this interpretation was published in 1969, we have identified
additional elements for consideration in determining whether vehicles
capable of on-road use are motor vehicles.
In a number of interpretation letters, the agency indicated that
vehicles were excluded from the definition of ``motor vehicle'' if they
had an ``abnormal'' configuration and if their maximum speed was 20
miles per hour (mph) or less. Developed initially to deal with large,
slow moving vehicles such as large road maintenance vehicles that stand
out from the normal flow of traffic and thus are readily visible to
approaching and following drivers, this approach came to be used for
vehicles of all sizes.
The agency also indicated that folding handlebars and collapsible
or removable seats could indicate that a two-wheeled vehicle was not a
``motor vehicle.'' At that time, a variety of two- or three-wheeled
vehicles were designed to stow in the cargo area of a passenger
vehicle, so that these vehicles could be easily transported to off-road
areas.\2\ Typically, these vehicles were transported to an off-road
location for operation and would not be themselves a means of transport
on public roads. Therefore, these vehicles were not motor vehicles.
Folding handlebars and collapsible or removable seats were
characteristics that demonstrated the portability of these vehicles,
and provided a convenient indication of whether a vehicle was designed
primarily for off-road use.
---------------------------------------------------------------------------
\2\ In this notice, we are using the term ``off-road'' to mean
any non-public area. The term is not limited to unpaved areas and
includes parking lots, private roads, and paved trails.
---------------------------------------------------------------------------
In 1997, we announced that we were abandoning the ``abnormal''
configuration line of interpretation, stating that as it was then being
applied, it lacked the necessary clarity to provide adequate
guidance.\3\ While the agency abandoned the ``abnormal'' configuration
test, we continued to rely on a vehicle's speed capability as an
important, although not a conclusive, factor in determining whether a
two- or three-wheeled vehicle is a motor vehicle, i.e., a maximum speed
capability under 20 mph makes it less likely that a vehicle would be
operated on public roads. Speed capability has continued to be
considered in conjunction with various physical features of vehicles as
being indicative of intended use.
---------------------------------------------------------------------------
\3\ See Notice of Proposed Rulemaking, 62 FR 1077, 1079 (January
8, 1997) and the November 20, 1997 letter to Mr. Gary Starr of ZAP
Electric Bikes.
---------------------------------------------------------------------------
In recent years, there has been a proliferation in the variety of
designs of two- and three-wheeled vehicles, including vehicles
popularly referred to as pocket bikes, mini-choppers, pocket ninjas,
etc. As vehicle designs continue to change and more varieties of two-
and three-wheeled vehicles are introduced into the market,
characteristics previously relied upon for classification purposes may
no longer be reliably indicative of off-road use. For example, vehicle
designs previously classified as motorcycles have been modified and
manufactured with folding handlebars and removable seats. However,
these changes in design did little to increase the portability of these
vehicles. Further, while the mini-bike designs considered in the 1969
notice lacked equipment for on-road use, vehicles with low seating
heights now are often equipped with headlights, turn signals, brake
lights, and mirrors. The presence of this type of equipment on a low
speed vehicle may be intended for ornamental purposes only (i.e., to
provide a more realistic ``toy'') or it may suggest that a vehicle is
intended for on-road use.
As a result of the evolution of two- and three-wheeled vehicle
designs, previous characteristics used in determining whether a vehicle
is a ``motor vehicle'' may no longer be appropriate. The vehicle
designs addressed in previous agency interpretation letters are no
longer representative of those vehicles being imported and
manufactured. This has been evidenced by an increase in the number of
importers, manufacturers, and import specialists seeking agency
interpretations regarding the proper classification of two- and three-
wheeled motor vehicles.
On June 28, 2004, the agency published its intent to propose an
amendment to the definition of ``motorcycle'' in 49 CFR 571.3 to
address this issue (69 FR 37917, 37922). However, we have tentatively
decided to address this issue through an interpretation. As the main
issue is whether certain two- and three wheeled vehicles are motor
vehicles, we believe that it is more appropriate to provide an
interpretation of the statutory definition of ``motor vehicle,'' as
opposed to amending the definition of motorcycle.
II. Draft Interpretation
The agency continues to adhere to the view that in determining
whether a vehicle is a ``motor vehicle'' under the statute, we must
rely primarily on vehicle characteristics to discern whether a vehicle
was manufactured primarily for use on public roads. Physical
characteristics are more readily discernible than information about
vehicle usage. Further, they provide a more objective basis, as opposed
to a manufacturer's subjective intent, for classifying a particular
vehicle as a ``motor vehicle.'' However, as stated above, with the
evolution of vehicle designs, not all characteristics previously relied
upon are necessarily still indicative of on-or off-road use. Also,
while we believe it was necessary to abandon the use of ``abnormal
configuration'' in making interpretations, this may leave a void in
[[Page 34812]]
determining how some vehicles with low speed capabilities should be
classified.
A. Vehicles With Speed Capabilities of Less Than 20 mph
To provide an interpretation that would allow a clearer and easier
determination, the agency is considering giving significantly greater
value to maximum speed capability as a dividing line between non-motor
vehicles and motor vehicles. For the reasons explained below, we have
tentatively concluded that the maximum speed of a vehicle with on-road
capabilities is largely determinative of whether the vehicle was
manufactured to operate on a public road, in normal moving traffic, and
therefore a ``motor vehicle.''
Basing our interpretation primarily on speed would be consistent
with Congress' decision to exclude from NHTSA's regulatory authority
electric bicycles with a specified maximum speed capability (Pub. L.
107-319, December 4, 2002; codified at 15 U.S.C. 2085; Consumer Product
Safety Act). Congress concluded that because low-speed electric bikes
``are designed not to exceed the maximum speed of a human-powered
bicycle, and they are typically used in the same manner as human-
powered bicycles, electric bicycles should be regulated in the same
manner and under the same agency (the [Consumer Product Safety
Commission (CPSC)]) as human-powered bicycles (id.).''
The Consumer Product Safety Act defines the term ``low speed
electric bicycle'' as a two- or three-wheeled vehicle with fully
operable pedals and an electric motor of less than 750 watts (1
horsepower), whose maximum speed on a paved level surface, when powered
solely by such a motor while ridden by an operator who weighs 170
pounds, is less than 20 mph (15 U.S.C. 2085(b)).\4\
---------------------------------------------------------------------------
\4\ On March 22, 2002, the U.S. Electric Bicycle and Scooter
Association petitioned the NHTSA to adopt the then proposed
statutory definition of ``low speed electric bicycle.'' See Docket
No. 2000-7073-7. Given the adoption of this definition in the
legislation enacted by Congress, we find the petition to be moot.
---------------------------------------------------------------------------
Consistent with the Congressional definition of low speed electric
bicycle, we have tentatively concluded that if a two- or three-wheeled
vehicle were to have a maximum speed capability of less than 20 mph (32
km/h), regardless of on-road capabilities, it would not be a ``motor
vehicle,'' except in very limited circumstances, as explained below. As
with electric bicycles, motorized vehicles with a maximum speed
capability of less than 20 mph are designed not to exceed the maximum
speed of human-powered bicycles. Therefore, we have tentatively
concluded that vehicles with this low speed capability should not be
regulated as ``motor vehicles.''
This maximum speed capability approach is also consistent with the
agency's traditional consideration of a maximum speed capability of 20
mph as one factor to use in distinguishing between motor vehicles and
non-motor vehicles. A speed capability of 20 mph or greater makes it
much more likely that a vehicle could be operated in normal moving
traffic and would be used on the public roadways. The lowest posted
maximum speeds for public roads are typically 20 mph or 25 mph.
Vehicles with a lower speed capability would have difficulty operating
in normal moving traffic and thus would be less likely to be used on
public roadways. In fact, States can regulate the operation of these
vehicles and prohibit their operation on some or all public roads, as
appropriate. Additionally, this 20 mph dividing line would provide a
clear, single parameter for determining whether many vehicles are
subject to the Federal motor vehicle safety standards (49 CFR Part 571)
and the regulations governing notification and remedy for safety-
related defects and noncompliance (49 CFR Part 573 and 577).
The agency recognizes that we must be specific as to the meaning of
maximum speed capability in order to provide a clear interpretation.
For example, the speed of a low-powered, two-wheeled vehicle may vary
considerably depending on the weight of the driver. Clarity in this
area is of importance for manufacturers and also for individuals
attempting to determine a vehicle's speed upon inspection (e.g.,
Customs officers at a Port of Entry). The agency has tentatively
decided to rely on the method that is based on ISO 7116, ``Road
Vehicles--Measurement Method for the Maximum Speed of Mopeds.'' This
should provide a method with which industry and testing laboratories
are already familiar.
A vehicle's maximum speed would be the highest speed attainable in
1 mile (1.6 km) averaged over a distance interval of 328 feet (100
meters). ISO 7116 specifies a distance interval of 656 feet (200
meters), but because battery capacity of electric vehicles may limit
the distance over which an absolute top speed can be maintained, we
tentatively concluded that half that distance would be appropriate. As
such, we have tentatively concluded that a two-or three-wheeled
vehicle's maximum speed would be determined as follows:
A vehicle's maximum speed would be the highest speed attainable in 1
mile (1.6 km), averaged over a distance interval of 328 feet (100
m), on a paved level surface, while carrying 170 lb ( 5
lb) including the operator. The maximum speed test would be
performed in opposite directions over the same track, and the
results of the two runs averaged.
In other words, a vehicle's maximum speed would be the speed
averaged over a continuous 328-foot (100 m) interval that is within one
mile (1.6 km) of the start position. For example, a vehicle could be
operated for a total of 492 ft (150 m). The first 164 feet would permit
the vehicle to obtain maximum speed, then the following 328 feet (100
m) would be used to obtain a time-over-distance measurement. Under the
procedure described above, the initial distance could be any distance
less than 1 mile (1.6 km) at which the vehicle reached its top speed
and the test was completed within a distance of 1 mile (1.6 km). The
test would then be run on the same track in the opposite direction to
account for slope in the track and for wind, with the vehicle's maximum
speed being the average of the two measurements.
The agency is requesting comment on the appropriateness of relying
primarily, and nearly exclusively for lower speed vehicles, on the
maximum speed capability when classifying two- and three-wheeled
vehicles as motor vehicles or non-motor vehicles and on the
appropriateness of using 20 mph as the threshold.
While the speed capability would be given greater weight in
excluding low-speed, two- and three-wheeled vehicles from the
definition of ``motor vehicle,'' it would not be an absolute
consideration. In certain instances, the agency would not rely on a
speed capability that is based on the presence of a device used to
mechanically limit the maximum speed of a vehicle (a speed governor).
In a June 28, 2000 letter to Mr. Thomas E. Dahl, we explained that when
determining the maximum speed capability of a high-speed vehicle which
is equipped with a speed governor, we would look beyond the speed which
might be attained with the governor engaged and consider the underlying
speed capability of that vehicle.
The letter to Mr. Dahl was in reference to four-wheeled low-speed
vehicles, as defined in 49 CFR 571.3,\5\
[[Page 34813]]
but this draft interpretation would adopt this rationale for two- and
three-wheeled vehicles. If a vehicle's maximum speed were limited by a
governor, the agency would consider the vehicle's underlying speed
(i.e., without the governor engaged) in determining whether the vehicle
is a motor vehicle, unless the governor was installed by the
manufacturer and was not easily removable or defeatable. Moreover,
regardless of the circumstances, the addition of a governor to an
obviously high speed vehicle (e.g., one that travels at speeds of 45
mph or greater) would not turn it into a low speed vehicle.
---------------------------------------------------------------------------
\5\ The agency established ``low-speed vehicles'' as a separate
class of motor vehicles, which are subject to safety standards
appropriate given the limited operational capabilities and
environments of those vehicles. ``Low-speed vehicle'' is defined as
a ``4-wheeled motor vehicle, other than a truck, whose speed
attainable in 1.6 km (1 mile) is more than 32 kilometers per hour
(20 miles per hour) and not more than 40 kilometers per hour (25
miles per hour) on a paved level surface'' (49 CFR 571.3).
---------------------------------------------------------------------------
We request comments on any other factors that should be considered
with respect to the underlying speed capability of vehicles, so that
our interpretation would not be used inadvertently to classify vehicles
with larger power plants as falling outside the definition of ``motor
vehicle.'' For example, how should the agency deal with a vehicle whose
speed capability can readily be increased to speeds of 20 mph or more
through simple adjustments to the vehicle?
A consequence of this interpretation would be that two- and three-
wheeled vehicles with a maximum speed capability of less than 20 mph
may become subject to the jurisdiction of the CPSC. Under the Consumer
Product Safety Act, the CPSC has authority to regulate consumer
products (15 U.S.C. 2051(b)). The Consumer Product Safety Act defines a
consumer product, in part, as:
[A]ny article, or component part thereof, produced or distributed
(i) for sale to a consumer for use in or around a permanent or
temporary household or residence, a school, in recreation, or
otherwise, or (ii) for the personal use, consumption or enjoyment of
a consumer in or around a permanent or temporary household or
residence, a school, in recreation, or otherwise; but such term does
not include * * *
(C) motor vehicles or motor vehicle equipment (as defined by
sections 102(3) and (4) of the National Traffic and Motor Vehicle
Safety Act of 1966), [49 U.S.C. 30102(a)(6)-(7).]
(15 U.S.C. 2052(c)). To ensure continued protection of the public,
NHTSA is coordinating our interpretation with CPSC.
B. Vehicles With Speed Capabilities Greater Than 20 mph
Under the draft interpretation, two- and three-wheeled vehicles
with a speed capability of 20 mph (32 km/h) or greater would be
excluded from the definition of ``motor vehicle'' if they are
manufactured primarily for off-road use (e.g., dirt bikes and motocross
bikes). These vehicles are not used primarily on public roads, and
therefore are not ``motor vehicles.'' In determining whether a two- or
three-wheeled vehicle is an ``off-road'' vehicle, we would again look
to the physical features of the vehicle.
We have tentatively concluded that if a two- or three-wheeled
vehicle lacks a vehicle identification number (VIN) as specified in 49
CFR Part 565, Vehicle Identification Number Requirements, and lacks
mirrors, turn signal lamps, side marker lamps, and stop lamps (on-road
equipment), then the vehicle should be considered an ``off-road''
vehicle. We have tentatively concluded that the lack of a VIN and on-
road equipment indicates that a vehicle was not manufactured primarily
for use on public roads. Therefore, these vehicles would not be
considered ``motor vehicles.'' By contrast, the presence of these items
on a two- or three-wheeled vehicle that has a speed capability of 20
mph (32 km/h) or greater indicates that the vehicle is intended for on-
road use.
VINs
In a vast majority of circumstances, a VIN is required under State
law to register a vehicle for use on public roads. Unless a vehicle is
properly registered, most jurisdictions prohibit its operation on
public roads, and the operation of an unregistered vehicle on public
roads is a matter of State or local enforcement.
We recognize that some States require the registration of off-road
vehicles, and that some States require a VIN or VIN-like number for
this registration. Previously, the Society of Automotive Engineers was
assigning World Manufacturer Identifiers (WMIs), which normally consist
of the first 3 characters of a VIN, to manufacturers for assigning
identification numbers to off-road vehicles. At the direction of NHTSA,
SAE no longer assigns WMIs for this purpose. Therefore, an off-road
vehicle should not be assigned an identification number that complies
with Part 565. To facilitate the continued State registration of off-
road vehicles the SAE VIN/WMI Technical Committee is working to develop
an alternative format that would not conflict with Part 565.
On-Road Equipment
In order for a two- and three-wheeled vehicle to be safely operated
on a public road it requires mirrors, turn signal lamps, side marker
lamps, and stop lamps \6\. The agency has tentatively concluded that a
lack of these features would demonstrate that a vehicle was not
intended for on-road use. This is consistent with our past
interpretation letters in which we have stated that the presence of
mirrors, turn signal lamps, side marker lamps, or a stop lamp suggests
that a vehicle is intended for on-road use.
---------------------------------------------------------------------------
\6\ A stop lamp is a lamp that gives a steady light to the rear
of a vehicle to indicate the intention of the vehicle operator to
stop or reduce speed through braking.
---------------------------------------------------------------------------
Additionally, the agency reviewed the current off-road vehicle
market in order to identify the appropriate equipment to identify
vehicles manufactured for on-road use. However, the agency does not
have the same level of experience with off-road vehicles as we do with
on-road vehicles. Further, we recognize that there may be some value to
safety in equipping off-road vehicles with one or more of these items.
Therefore, we request comment on the appropriateness of the on-road
equipment chosen to distinguish off-road vehicles with maximum speed
capabilities 20 mph or greater from on-road vehicles.
Are there currently off-road vehicles that would be
classified as on-road vehicles based on the ``on-road equipment''
guidelines?
If so, which vehicles?
If we were to adopt guidelines as discussed above, what
would be the impact to off-road vehicle manufacturers?
Are there other vehicle characteristics that may better
distinguish on-road two- and three-wheeled vehicles from off-road two-
and three-wheeled vehicles?
III. Reliance on Draft Interpretation
We are inviting public comments on our draft interpretation and,
after reviewing the comments plan to publish a final interpretation in
the Federal Register. We recognize that, in the meantime,
manufacturers, importers, and import specialists must make
determinations as to whether various two- and three-wheeled vehicles
are ``motor vehicles'' and thus subject to the Federal motor vehicle
safety standards and to other vehicle safety requirements. Until we
publish a final interpretation, these and other parties may rely on our
draft interpretation with regard to vehicles with maximum speed
capabilities less than 20 mph.
[[Page 34814]]
IV. Submission of Comments
How Do I Prepare and Submit Comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long. (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES. Comments may also be submitted to the docket electronically
by logging onto the Dockets Management System Web site at https://
dms.dot.gov. Click on ``Help & Information'' or AHelp/Info@ to obtain
instructions for filing the document electronically.
How Can I Be Sure That My Comments Were Received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How Do I Submit Confidential Business Information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR Part 512.)
Will the Agency Consider Late Comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.
How Can I Read the Comments Submitted by Other People?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location.
You may also see the comments on the Internet. To read the comments
on the Internet, take the following steps:
(1) Go to the Docket Management System (DMS) Web page of the
Department of Transportation (https://dms.dot.gov/).
(2) On that page, click on ``search.''
(3) On the next page (https://dms.dot.gov/search/), type in the
four-digit docket number shown at the beginning of this document.
Example: If the docket number were ``NHTSA-1998-1234,'' you would type
``1234.'' After typing the docket number, click on ``search.''
(4) On the next page, which contains docket summary information for
the docket you selected, click on the desired comments. You may
download the comments. However, since the comments are imaged
documents, instead of word processing documents, the downloaded
comments are not word searchable.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://dms.dot.gov.
Issued on June 8, 2005.
Jacqueline Glassman,
Chief Counsel.
[FR Doc. 05-11764 Filed 6-14-05; 8:45 am]
BILLING CODE 4910-59-P