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38040 Federal Register / Vol. 70, No.

126 / Friday, July 1, 2005 / Rules and Regulations

Date certain fed-


eral assistance
Community Effective date authorization/cancellation of Current effective no longer avail-
State and location No. sale of flood insurance in a community map date able in special
flood hazard
areas

Southport, City of, Marion County ......... 180161 October 29, 1971, Emerg; May 15, 1984, ......do ............... Do.
Reg; July 5, 2005, Susp.
Region VII
Missouri: Caldwell County, Unincorporated 290788 November 14, 2002, Emerg; July 5, 2005, ......do ............... Do.
Areas. Reg; July 5, 2005, Susp.
Nebraska:
Pawnee, City of, Pawnee County ......... 310170 June 4, 1975, Emerg; August 1, 1986, Reg; ......do ............... Do.
July 5, 2005, Susp.
Table Rock, Village of, Pawnee County 310172 May 3, 1993, Emerg; June 2, 2003, Reg; ......do ............... Do.
July 5, 2005, Susp.
*......do = Ditto
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: June 27, 2005. Any petitions for reconsideration of I. Clarification of When the ICE May Stop
David I. Maurstad, today’s final rule must be received by and Start
NHTSA not later than August 15, 2005. J. Other Issues Raised in Response to the
Acting Mitigation Division Director,
NPRM
Emergency Preparedness and Response ADDRESSES: Petitions for reconsideration 1. Minimum Creep Force Value of 1.5
Directorate. should refer to the docket number for Percent of GVWR.
[FR Doc. 05–12992 Filed 6–30–05; 8:45 am] this section and be submitted to: 2. Applicability of the Phrase ‘‘Brake Pedal
BILLING CODE 9110–12–P Administrator, National Highway Released’’ to Air Brakes
Traffic Safety Administration, 400 3. Requiring Creep Force in Reverse When
Seventh Street, SW., Washington, DC the ICE is Both ‘‘On’’ and ‘‘Off’’
4. Use of the Term ‘‘Electric Motor’’ in the
20590. Regulatory Text
DEPARTMENT OF TRANSPORTATION
FOR FURTHER INFORMATION CONTACT: For 5. Use of the Term ‘‘Battery’’ in the
National Highway Traffic Safety non-legal issues, you may call Mr. Regulatory Text
Administration William Evans, Office of Crash V. Final Rule
VI. Statutory Bases for the Final Rule
Avoidance Standards at (202) 366–2272. VII. Effective Date
49 CFR Part 571 His FAX number is (202) 366–7002. VIII. Regulatory Analyses and Notices
For legal issues, you may call Ms. A. Executive Order 12866; DOT Regulatory
[DOT Docket No. NHTSA–05–21401] Dorothy Nakama, Office of the Chief Policies and Procedures
Counsel at (202) 366–2992. Her FAX B. Executive Order 13132 (Federalism)
RIN: 2127–AI43 number is (202) 366–3820. C. Executive Order 13045 (Economically
You may send mail to both of these Significant Rules Affecting Children)
Federal Motor Vehicle Safety officials at National Highway Traffic D. Executive Order 12988 (Civil Justice
Standards; Transmission Shift Reform)
Safety Administration, 400 Seventh St., E. Regulatory Flexibility Act
Position Sequence, Starter Interlock, SW., Washington, DC, 20590. F. National Environmental Policy Act
and Transmission Braking Effect
SUPPLEMENTARY INFORMATION: G. Paperwork Reduction Act
AGENCY: National Highway Traffic H. National Technology Transfer and
Table of Contents Advancement Act
Safety Administration (NHTSA), DOT.
I. Executive Summary I. Plain Language
ACTION: Final rule. II. Notice of Proposed Rulemaking (NPRM) J. Regulation Identifier Number (RIN)
III. Public Comments to the NPRM
SUMMARY: This document amends the IV. Public Comments and NHTSA’s Response Regulatory Text
starter interlock requirements of our A. Requiring Reverse Creep Force in I. Executive Summary
safety standard on transmission shift Vehicles that Allow the ICE to Stop and
position sequence, starter interlock, and Start Automatically When the Vehicle’s The existing starter interlock
transmission braking effect to clarify Shift Position is in Reverse requirement of Federal Motor Vehicle
how the requirements apply to vehicles B. Applicability to Vehicles Over 10,000 Safety Standard (FMVSS) No. 102 (at
incorporating emerging technologies. Pounds GVWR S3.1.3) states ‘‘the engine starter shall be
The amendment is intended to facilitate C. Specifying a Maximum Throttle inoperative when the transmission shift
Opening Regardless of Driver Throttle lever is in a forward or reverse drive
the development of propulsion systems Input on Idle-Stop Systems During
that conserve energy and reduce position.’’ The purpose of this
Automatic ICE Starting requirement is to prevent injuries and
emissions by stopping the engine D. Requiring a Manual Override to
(internal combustion engine) when it is Deactivate the Idle-Stop Feature
death from the unexpected motion of a
not needed. It is also intended to E. Maximum Time Between Brake Pedal vehicle when the driver starts the
minimize the possibility of crashes in Release and Propulsion System vehicle with the transmission
which a driver has mis-shifted into a Availability inadvertently in a forward or reverse
forward or reverse gear and would be F. Leaving FMVSS No. 102 Unchanged and gear. Two recently introduced vehicles,
unprepared for the direction of motion Placing New Requirements in a Separate the Toyota Prius 1 and the Honda
Standard
by the vehicle when the engine restarts. G. Use of the Term ‘‘Driver Activation’’ 1 The Prius is an electric motor-powered vehicle
DATES: This final rule becomes effective H. ‘‘Shift Position’’ Versus ‘‘Shift Lever assisted by an internal combustion engine (ICE).
December 28, 2005. Position’’ When the propulsion system is activated, the

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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations 38041

Insight 2, are powered by hybrid/electric the engine is stopped, the accelerator is automatically while the shift position is
systems (the Toyota Hybrid System released and the propulsion system is in any forward drive gear. The agency
(THS) and Honda’s Idle-stop activated. also proposed regulatory text providing
Technology (IST)) that permit their After carefully considering the public that the ICE is permitted to stop and
gasoline engines to stop and restart comments, we have decided to adopt a start automatically while the shift
automatically while the transmission final rule with some changes from the position is in Reverse, but only in
shift lever is in a drive position. proposal. This final rule amends S3.1.3 vehicles like the Prius that exhibit creep
Each manufacturer asked us to to accommodate these new force in forward and reverse drive gears,
interpret S3.1.3 as it applied to these technologies, while preserving the regardless of whether the ICE is
new vehicles. In interpretation letters to safety purpose of the standard. running. This allows the driver to sense
Toyota (November 1, 1999) and Honda Although the creep force requirements what gear the vehicle is in before
(January 17, 2001), we concluded that proposed in the NPRM are not adopted pressing the accelerator pedal. This
S3.1.3 would not prohibit either system. in the final rule, the final rule addresses creep force is similar to the creep force
In each case, we based our the same safety problems in a simpler that exists on conventional (non-hybrid-
interpretation on a determination that way. electric) ICE/automatic transmission
the system met S3.1.3’s underlying With respect to vehicles with equipped vehicles. Creep force occurs in
purpose of ensuring that the vehicle will automatic transmissions, the rule makes the direction indicated by the selected
not lurch forward or backward during it clear that, after activation of the shift position and provides enough force
driver activation of the engine starter vehicle’s propulsion system by the to cause motion of a vehicle loaded to
because driver activation of the engine driver, the engine may stop and restart its GVWR on a level, paved surface
starter is inoperative when the automatically when the transmission before the service brake pedal is
transmission shift lever is in a drive shift position is in any forward drive completely released. In the NPRM, we
position. We also noted that these new gear. The rule prohibits the engine from stated that creep force is a cue that
systems were more complex than those automatically stopping in reverse gear. indicates to the driver that he or she is
on vehicles that existed when S3.1.3 When the engine is automatically in the correct gear, as the driver is
was first adopted, and that we planned stopped in a forward drive shift position releasing the brake and has the best
to conduct rulemaking to clarify FMVSS and the driver selects Reverse, the chance of stopping quickly in case of a
No. 102 as applied to emerging engine is permitted to restart gear selection error. In the NPRM, we
technologies. Pending completion of the automatically in Reverse if two also proposed a test for minimum creep
rulemaking, we stated that we would conditions are satisfied. The first force in vehicles that automatically
interpret S3.1.3 as requiring that driver condition is that the engine must restart stopped and started its ICE in Reverse.
activation of the engine starter must be immediately whenever the service brake For a complete discussion of the
inoperative when the transmission shift is applied. The second condition is that safety issues that led to proposed
lever is in a forward or reverse drive the engine does not start automatically changes to FMVSS No. 102, and how
position. if the service brake is not applied. NHTSA sought to address these issues,
In the NPRM (68 FR 26269, May 15, The rule also provides, please refer to the notice of proposed
2003), we proposed to amend the notwithstanding these limitations, that rulemaking at 68 FR 26269 (May 15,
regulatory text of FMVSS No. 102 to the engine may stop and start at any 2003).
make it clear that the engine may start time after the driver has activated the The comment period for the NPRM
and stop automatically after the driver vehicle’s propulsion system if: (a) The ended on July 15, 2003.
has activated the vehicle’s propulsion vehicle’s propulsion system can propel
the vehicle in the normal travel mode in III. Public Comments to the NPRM
system, when the transmission shift
all forward and reverse drive gears We received comments from ten
lever is in any forward gear. Under the
without the engine operating, and (b) if sources; Advocates for Highway and
proposed regulatory text, this was also
the engine automatically starts while the Auto Safety (AHAS), American Honda
permitted when the shift lever is in
vehicle is traveling at a steady speed Motor Company (Honda), Ford Motor
Reverse, but only if the vehicle’s
and steady accelerator control setting, Company (Ford), Nissan North America,
propulsion system provides, at least, a
the engine does not cause the vehicle to Inc. (Nissan), Association of
minimum creep force in Reverse when
accelerate. International Automobile
vehicle is powered by the electric motor. The ICE
Manufacturers, Inc. (AIAM),
II. Notice of Proposed Rulemaking International Truck and Engine
starts and runs when additional motive power is
required or when electrical energy is needed to The notice of proposed rulemaking Corporation (International),
power the motor and/or to charge the propulsion (NPRM) for an amendment to the starter DaimlerChrysler Corporation
batteries. The ICE is always running at speeds interlock requirement of Federal Motor
greater than 42 miles per hour. The Prius
(DaimlerChrysler), New York City
propulsion system exhibits creep force and is Vehicle Safety Standard (FMVSS) Transit (NYCT), Toyota Motor North
capable of propelling the vehicle in the normal 571.102 was published on May 15, 2003 America, Inc. (Toyota), and Denso
travel mode in all forward and reverse drive gears (68 FR 26269). We intended the International America, Inc. (Denso). The
even when the engine is stopped and behaves like proposed amendment to preserve the
a conventional ICE/automatic transmission-
commenters included a consumer
equipped vehicle. original safety intent of the starter advocate, vehicle manufacturers,
2 The Insight is an ICE powered vehicle assisted interlock requirement while vehicle manufacturer associations, a city
by an electric motor and employs idle-stop accommodating the technologies used transportation department and
technology. The electric motor provides assistance on vehicles such as the Prius and the manufacturers of controls used in
when additional motive power is required during
acceleration. The ICE of the Insight automatically
Insight. With respect to vehicles with hybrid-electric vehicles.
stops when the brake is applied and the vehicle is automatic transmissions, the agency In general, the comments supported
stopped. The Insight restarts when the brake is proposed regulatory text that made it amending FMVSS No. 102 to clarify its
released. The idle-stop feature is not employed in clear that, after activation of the requirements and facilitate current and
Reverse and therefore, the ICE does not stop in
Reverse. If the ICE is stopped in a forward gear and
vehicle’s propulsion system by the evolving hybrid electric vehicle
Reverse is selected, the ICE starts immediately, driver, the internal combustion engine technologies. However, specific
provided the service brake is applied. (ICE) is permitted to stop and start commenters raised a variety of issues

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38042 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations

relating to creep force and the or her vehicle is in Reverse, such as an medium and heavy-duty vehicles and
conditions under which creep force audible alarm. Toyota believes that an there is not enough information or data
should be present. The issues raised in audible alarm should be allowed as a available at this time on medium and
the public comments, and NHTSA’s substitute for reverse creep force. heavy-duty hybrid-electric vehicles
response to the comments, are discussed In response to the comments from (HEVs). International stated that
below. AHAS and AIMA, NHTSA notes that it development of HEVs with GVWRs
sought to amend S3.1.3 of FMVSS No. greater than 10,000 pounds has not
IV. Public Comments and NHTSA’s 102 in a way that allows for current and progressed to the same degree as light
Response new technology and at the same time duty passenger vehicles. Since HEVs
A. Requiring Reverse Creep Force in does not compromise the original safety with GVWRs greater than 10,000
Vehicles That Allow the ICE To Stop intent of FMVSS No. 102. pounds have many uses, they have
and Start Automatically When the NHTSA acknowledges the comments different operating characteristics than
Vehicle’s Shift Position Is in Reverse from Ford and NYCT regarding creep lighter HEVs, presenting challenges not
force. Even though NHTSA continues to addressed by the proposed changes.
Both AHAS and AIAM indicated consider creep force a valuable cue to International also expressed concern
support for NHTSA’s proposal to the driver, it has concluded that the that there do not appear to be data
require reverse creep force in vehicles changes necessary to accommodate addressing whether the proposed creep
that allow the ICE to stop and start these and other comments discussed in force requirements are appropriate for
automatically while the vehicle’s shift this document would make the vehicles with GVWRs greater than
position is in Reverse. AHAS regulatory language unnecessarily 10,000 lbs. International further stated
commended the agency for anticipating complex. Therefore, NHTSA has that NHTSA should also be aware that
a safety problem before it reaches a level developed a refocused approach to in addition to IC/electric hybrid
where increasing deaths and injuries differentiate between two types of vehicles, research is ongoing for IC/
have been sustained by both vehicle hybrid-electric vehicles: the electric hydraulic hybrid medium duty vehicles.
occupants and pedestrians. motor-powered vehicle assisted by an Since the proposed changes have been
Ford and NYCT supported NHTSA’s internal combustion engine (ICE) (such specifically written for IC/electric
efforts to revise the Federal Motor as the Prius) and the ICE-powered hybrid vehicles, applying these
Vehicle Safety Standards (FMVSS) for vehicle assisted by an electric motor and proposed changes to other types of
starter interlock function in order to that employs idle-stop technology (such hybrids could pose problems.
address the new hybrid-electric vehicle as the Insight). NYCT expressed concern that the
(HEV) propulsion systems. They This final rule establishes proposed rule fails to allow for different
indicated concern, however, that the requirements that address the same configurations possible with electric,
proposed rule appears to assume that objectives of solving the mis-shift hybrid-electric, and fuel cell vehicles.
creep force will help drivers avoid problem before it happens but in a way NYCT commented that the proposed
collisions resulting from shifting errors. such that we no longer need to regulate rule appears to be based on the
Ford and NYCT stated there are no creep force. The changes in this final characteristics of two parallel hybrid-
historical or experimental data provided rule clarify how the starter interlock electric gasoline ICE passenger cars
in support of such a proposition. Ford requirement applies to vehicles with (Toyota Prius and Honda Insight)
further argued that the new emerging technologies while continuing currently in large-scale production. In
specification requiring a creep force was to address the need for safety. We addition, NYCT indicated that the
inserted without any analysis or believe the restriction of idle-stop survey data provided on creep force in
documentation of the real-world benefit. systems to forward gears is simple and Table 1 of the NPRM (at 68 FR 26274)
Ford indicated that vehicles equipped appropriate. We have also lessened is limited to passenger cars and light
with manual transmissions do not have restrictions on electric motor-powered trucks of less than 18,000 lbs. GVWR.
creep force while standing at idle and vehicles assisted by an ICE, thereby NYCT stated that on conventional ICE
that several non-HEV models equipped maximizing design freedom where vehicles with automatic transmissions,
with automatic transmissions actually appropriate. creep force provides an anti-rollback
have reduced or eliminated idle creep function, an important safety feature, on
force (for fuel economy purposes) by B. Applicability to Vehicles Over 10,000 moderate grades. However, the heavy-
partially disengaging the transmission Pounds GVWR duty series hybrid-electric buses
or reducing engine speed at idle. Ford International, a U.S. manufacturer of currently operated by NYCT have an
further argued that by imposing a medium and heavy-duty trucks, school anti-rollback system without creep
minimum creep force requirement on buses and medium duty diesel engines force. The propulsion system
HEVs, NHTSA arbitrarily would hold recommended that the proposed automatically provides torque to
HEVs to a higher standard than many changes to the regulation be limited to prevent rolling backward when the
conventional power trains with internal combustion (IC)/electric hybrid brakes are released on an ascending
automatic transmissions and all power vehicles with GVWRs less than 10,000 grade (and also to prevent rolling
trains with manual transmissions. Ford pounds so the regulation does not forward when the bus is in reverse on
stated that NHTSA has presented no inhibit the development of new a descending grade). However, this
evidence that a vehicle without creep technology or create an unworkable feature does not allow the vehicle to
force is less safe than one with creep situation for medium and heavy duty move in the selected direction until the
force. vehicles. accelerator is depressed. NYCT has
Toyota commented that it International commented that NHTSA found this arrangement effective for
understands that the agency’s purpose has collected data on light duty hybrid preventing rollback. However, the
in measuring and regulating a creep (IC)/electric passenger vehicles, even proposed rule appears to prohibit this
force to GVWR ratio is to develop a though the proposed changes would design since the rule requires creep
method to measure driver observable apply to all vehicles. International force. NYCT stated that the proposed
movement; however, it believes there expressed concern that the proposed rule would require NYCT’s vehicle
are other ways to alert the driver that his changes may not be appropriate for suppliers to re-design part of their

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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations 38043

propulsion systems. The attendant ICE quickly. The first engine firing stopped on railroad tracks or in the
engineering costs could have a very occurs after the brake pedal is released middle of an intersection, the ability to
significant impact on vehicle lifecycle and before the accelerator pedal is rapidly accelerate might allow the
costs for NYCT, particularly since the depressed. After the brake pedal is operator to avoid a crash. International
North American market for heavy-duty released, brake pressure is maintained recommended that the maximum
hybrid-electric transit buses is currently while the transmission automatically allowable acceleration or jerk of the
limited to a few hundred units per year. and rapidly shifts to neutral during vehicle during an engine start be limited
In response, NHTSA recognizes the engine restarting. After the engine has to the same value as the acceleration or
comments from International and NYCT started, the transmission rapidly shifts jerk with the engine already running.
on heavier hybrid vehicles. We realize to Drive and brake pressure is released. This limitation would prevent sudden
the NPRM’s creep force requirement The drive train is engaged quickly and motions that the operator is not used to
may conflict with some systems electrically controlled to prevent but would allow full power to be
currently used on heavy trucks and surging engine revolutions and to available for emergency maneuvers.
buses. In fact, series systems used on prevent vehicle surging. Therefore, on DaimlerChrysler commented that it
some buses, where the ICE is strictly the Insight, Honda said it is unnecessary was in favor of limiting the throttle
used to generate electrical power and is to place additional limits on the throttle. opening to less than or equal to 1⁄4
not connected to the vehicle drive train, If the engine should fail to start when throttle.
would have been prohibited from the brake is released, brake pressure is Toyota commented that in addition to
stopping in Reverse when it was not maintained and the transmission is in NHTSA’s concerns, the situation may
needed. This would have caused Neutral. The starter turns the engine but arise where a regulation limiting
additional changes and exceptions to is limited to a 2 second duration. Honda maximum throttle could hinder a driver
the proposed language in the NPRM, indicated that there are many ways in from escaping a situation in which the
leading to additional complexity. The addition to controlling the throttle driver may have intentionally wanted
issues presented by International and opening, to control the engine full throttle. Considering both sides of
NYCT are solved by new language in revolutions and prevent vehicle surging. the issue, Toyota recommended that the
this final rule. The new requirements do Such additional ways include retarding agency allow manufacturers to continue
not create problems for larger vehicles the ignition fire timing and cutting the developing and incorporating their own
with series hybrid systems and anti- fuel injection. In the future, idle-stop means to balance throttle control.
rollback systems and does not affect the technology may be applied to vehicles NHTSA notes that a requirement to
development of new technologies. that use Drive By Wire (DBW) systems regulate throttle opening during
where throttle opening is easily automatic engine start emerged out of
C. Specifying a Maximum Throttle concerns that in future systems, vehicle
Opening Regardless of Driver Throttle controlled electronically. However,
requiring control of the throttle opening surging may result when drivers of
Input on Idle-Stop Systems During vehicles equipped with idle-stop
Automatic ICE Starting now could mandate specific hardware,
such as DBW, which could inhibit other systems go from braking to full throttle
In the NPRM, we asked for comment types of advanced technologies. very quickly, before or while the ICE
on whether we should require a limit on Nissan agreed it is necessary to was in the process of automatically
throttle opening on idle-stop systems consider the unexpected movement of a starting. The Honda Insight handles this
when the engine is automatically stopped vehicle in the design process, scenario well, as when the accelerator is
starting. The limit on throttle opening but opposed a specified maximum fully depressed during automatic engine
would prevent vehicle surging when the throttle position as a means to achieve start, the engine starts and the vehicle
driver may rapidly remove his foot from design goals. Nissan commented that gradually accelerates without surging or
the brake and depress the accelerator to design specific regulations could restrict any unexpected movement. Such a
full throttle just before or as the engine development of alternative technologies scenario is of no consequence to the
automatically starts. Although such to meet the same goal. For example, Toyota Prius, as actuation of the
vehicle surging is not a problem on the another possible method to control accelerator to any degree, at any time,
Prius and Insight, it was suggested that unexpected movement during an will initiate vehicle movement exactly
such a requirement might be necessary automatic engine start is to limit the like a conventional non-hybrid-electric
for future idle-stop designs. output of the transmission to the drive vehicle with an automatic transmission,
Comments from AHAS supported the axles. While the ability of such a system as the electric motor will move the
idea that vehicles that allow the ICE to may be equal to or better than the use vehicle during situations where the
stop and start automatically should not of an artificial maximum throttle engine is stopped or in the process of
cause sudden acceleration of the vehicle position, it would not be an acceptable automatically starting.
even when the accelerator pedal is fully alternative if throttle position is The majority of the comments were in
depressed during ICE automatic starting. regulated. To allow for the broadest favor of preventing possible vehicle
Honda did not agree with new criteria range of technologies, Nissan suggested surging in idle-stop systems by allowing
which would limit throttle opening. the agency regulate the threshold and manufacturers to continue to design
Honda agrees with NHTSA that it is response of the vehicle to the given safeguards of their choosing into their
necessary to design the idle-stop system condition, and allow each manufacturer systems. The comments indicate that a
to prevent sudden surging during to decide how best to achieve the requirement limiting throttle opening
normal operation and during failure desired performance. could possibly limit the use of other
modes; however, Honda believes that AIAM supported the need for techniques and designs that would also
additional criteria may inhibit future safeguards to prevent sudden surging of prevent vehicle surging when the ICE
idle-stop development. Honda the vehicle when the engine automatically starts during full throttle.
commented that in its system, when the automatically starts. Comments also indicated that limiting
accelerator pedal is pushed quickly and International indicated that there full throttle might place a driver/vehicle
aggressively after the brake pedal is might be situations in which limiting in a dangerous position in cases where
released, the Honda Integrated Motor power might prevent the operator from full throttle is needed. NHTSA knows
Assist (IMA) is capable of restarting the avoiding a crash. If the vehicle is that vehicle surging is not an issue for

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38044 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations

the Prius or the Insight. NHTSA agrees control allowing the operator to conventional internal combustion
with comments that anticipated safety deactivate the system is not needed if engine vehicles.
issues can be solved by a variety of well- the system includes a diagnostic In response, NHTSA notes that it
designed approaches. NHTSA function. AIAM provided similar raised the issue of a manual override in
concludes that since current systems reasons for their opposition to a manual the NPRM as there were concerns that
have addressed this issue and the control for locking out an idle-stop as vehicles equipped with idle-stop
requirement to limit throttle opening system. systems age, a delay in ICE restarting
may inhibit other methods and International commented that the may develop. NHTSA anticipates that
techniques to prevent surging in engine controller should detect if the the idle-stop feature will eventually
vehicles with idle-stop systems, no system is degrading, then shut down the become commonplace on a significant
action should be taken on this issue at idle-stop system and provide a ‘‘service number of conventional non-hybrid
this time. engine’’ type message. Some fleets and vehicles. Delays in vehicle restarting, as
owners/operators prefer to avoid new well as inoperable vehicles due to
D. Requiring a Manual Override To controls because of added distraction malfunctioning idle-stop systems is a
Deactivate the Idle-Stop Feature and such a control would rarely be potential future safety concern. NHTSA
In the NPRM, we requested comment used, which means the operator may cannot predict the design of these future
on whether FMVSS No. 102 should forget its location or proper use. Such systems nor the automatic overrides
include a requirement for a manual idle- controls would allow truck and bus they may include. A manual override
stop override, to allow the driver to drivers to lockout the system based on requirement would provide a measure
disable the idle-stop system and prevent personal preference, even though it is of safety until such automatic overrides
the engine from automatically stopping operating properly, thus eliminating and their performance tests/criteria
in cases such as an idle-stop system many of the benefits of the system. could be defined. The majority of
malfunction or a delay in automatic DaimlerChrysler indicated that it commenters did not agree that an idle-
starting. would expect a manual override to be stop system manual override was
Honda did not agree with NHTSA’s permitted and not just for malfunctions. necessary. However, comments did
proposal, which would require a control In the override mode, the transmission indicate that automatic overrides may
that permits the driver to manually and engine control system would meet be important. Honda has addressed the
deactivate or override the idle-stop the current FMVSS No. 102 issue of overriding the idle-stop system
system. Honda indicated that it has requirements. One minute would seem in its design of the Insight by preventing
incorporated a number of fail-safe like a reasonable time in ‘‘auto stop’’ the engine from automatically stopping
features in its Integrated Motor Assist mode before an ‘‘auto start’’ should during certain malfunctions with the
system that automatically prevents the occur. This could accommodate most idle-stop system or during conditions
idle-stop system from operating due to traffic signal stops or pauses in traffic. when the idle-stop system would not
such conditions as low battery power, DaimlerChrysler also commented it perform well. Therefore, as a result of
cold engine, or brake switch failure. assumes that manual, as well as, these public comments, NHTSA will not
Honda did not think a manual lockout automatic overrides of this engine include a requirement for a manual
function is needed because it could control strategy would be permitted. For override in this final rule. NHTSA will
create unnecessary confusion and example, during high and low ambient monitor the performance of idle-stop
opportunities for misuse. Honda temperature conditions, it may be systems as they develop and take action
believes it is the manufacturer’s advantageous to automatically override as necessary.
responsibility to design systems to the ‘‘auto stop’’ feature to permit use of
perform properly under all driving air conditioning, defroster, electrically E. Maximum Time Between Brake Pedal
conditions and to be convenient and heated seats, or to recharge a discharged Release and Propulsion System
fail-safe by using automatic techniques battery. Availability
that are appropriate for the technology Toyota’s comments expressed In the NPRM, we sought comments on
employed. Honda stated that regulating concerns that requiring an idle-stop whether there should be a limit on the
specific features, such as a manual override would allow consumers to time it takes for an ICE to start
lockout, is not necessary at this time disable the idle-stop system and negate automatically once the brake pedal
and could restrict some future its environmental benefits. Toyota reaches the fully released position. We
technologies. stressed that manufacturers already were concerned that as idle-stop
Nissan agreed that the idle-stop design their own safeguards to address systems age, the time interval between
system should cease to function in the malfunctions or excessive automatic brake pedal release and automatic
event of a system malfunction; however, starting times. Different manufacturers engine start may become excessive.
Nissan and the AIAM opposed a may use different strategies and Delays in engine restarting may have
requirement for a control that would regulating this area, at this time, may safety implications in situations where
allow the operator to lock out or turn off inhibit introduction of new vehicles are stopped at intersections or
the system. Given that an idle-stop technologies. In order to advance the railroad crossings and must accelerate
system (one that includes diagnostic introduction of idle-stop technology, quickly to avoid other traffic or
functions) can automatically cease its Toyota stated its belief that the agency emergency vehicles.
function and provide equivalent safety should continue to allow manufacturers Nissan commented that the time
performance without operator control, to design in their own algorithms to required for the propulsion system to be
Nissan does not believe that an external address these concerns. For example, available to move the vehicle after the
control is necessary for all systems. Toyota’s algorithms ensure the vehicle brake pedal is released may be different
Additionally, if the system provides a continues to be operational if there is a depending on the circumstances and on
control that would allow the operator to problem with the hybrid system. In multiple design and performance target
lock out or turn off the system, the Toyota’s designs, the vehicle reverts to factors. For example, starting the vehicle
improvement in fuel economy, the main an ‘‘engine on’’ mode, during which the after a traffic signal changes to green,
purpose of the idle-stop, could be vehicle’s engine remains on until the making a right turn through an
reduced. Nissan concluded that a ignition is turned off, similar to current intersection, turning left through an

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intersection in front of an oncoming requirements for hybrid-electric vehicle doesn’t start, the driver is still enabling
vehicle, accelerating or merging into propulsion systems in a separate the propulsion system and when the
traffic, and moving slowly through standard at this time. In the NPRM, shift position is placed in a drive gear,
congested traffic, may all require exceptions were simply added to the electric motor will provide creep
different availability and response times existing starter interlock requirements force, as well as power the vehicle when
from the propulsion system. Nissan for vehicles to clarify that ICEs may the accelerator is depressed. After the
indicated that it would decide the automatically stop and start after driver driver has activated the vehicle’s
allowable time for such a propulsion activation. NHTSA believes that the propulsion system, the ICE may
system to be available to move the FMVSS No. 102 language in this final automatically start and stop as needed.
vehicle after the brake pedal is released rule is straightforward and easy to NHTSA believes that the wording used
based on an analysis of safety and understand as written. In the future, if in the Executive Summary and the
performance factors and the expected further regulation of hybrid/hybrid- proposed regulatory text accurately
consumer acceptance of the system. electric vehicle propulsion systems describes driver activation and
Nissan indicated that the agency should becomes necessary and if such automatic engine starting in hybrid-
not restrict design choices, but rather regulation should become complex and electric vehicles.
should allow manufacturers the confusing, NHTSA may then consider
H. ‘‘Shift Position’’ Versus ‘‘Shift Lever
flexibility to decide the allowable time efforts to separate and further clarify
Position’’
for its vehicles. requirements.
International recommended that the Toyota commented that in the NPRM
interval should be no longer than the G. Use of the Term ‘‘Driver Activation’’ and in FMVSS 102, the terms ‘‘position
time it takes the operator to move his DaimlerChrysler commented that the of the lever’’ and ‘‘shift position’’ are
foot from the brake to the accelerator. current state-of-the-art and research are used interchangeably. Toyota believes
When a driver applies the accelerator, still evolving and the term ‘‘Driver the more appropriate term is ‘‘shift
his expectation is that the vehicle will Activation’’ in the Executive Summary position’’. Toyota made this comment
accelerate and any delay has the (at 68 FR 26270) of the NPRM is not because advanced technologies have
potential to cause confusion or clearly defined. The hybrid-electric resulted in vehicles with computerized
problems. International stated it is likely vehicles mentioned in the NPRM transmissions and electronic shifters
that the time between brake pedal provide the driver with an alternate such as joysticks. The ‘‘position of the
release and availability of the means of starting the engine without lever’’ for such systems does not always
propulsion system would be a customer using the ignition key. DaimlerChrysler correspond to the ‘‘shift position’’.
acceptance issue and need not be recommended that we clarify whether Therefore, Toyota recommends that the
regulated. starting the engine without using the agency ensure the term ‘‘shift position’’
NHTSA notes that although ignition key falls under the Automatic is used in place of the term ‘‘position of
commenters thought that the maximum Activation heading. At the same time the lever.’’
permitted time between brake pedal DaimlerChrysler believes the safety In response, NHTSA agrees with the
release and propulsion system purposes of FMVSS No. 102 should be comment from Toyota. When FMVSS
availability should be a consideration preserved. No. 102 was initially written, all
during design of idle-stop systems, In response, ‘‘driver activation’’ as transmissions were controlled by
commenters did not favor including a used by the agency in this rulemaking, mechanically linked shift levers that
minimum time requirement in the final relates to the current state-of-the-art. sequenced serially from one position to
rule. Commenters stated their belief that ‘‘Driver activation’’ distinguishes the next. If the lever was positioned
this issue was one of customer between the driver’s initial turning on of next to the letter D, the driver knew that
acceptance and should be left up to the propulsion system (which may the vehicle was in a forward drive gear.
manufacturers. NHTSA acknowledges include the starting of the vehicle’s ICE) Neutral had to be located between
that such delays are not an issue with versus the propulsion system’s Reverse and Drive so that the system
the Prius and the Insight and the automatic stopping and starting of the would transition through Neutral when
anticipation of such a problem presents ICE, which occurs only after the driver’s changing back and forth between Drive
no more risk than a non-HEV that initial activation. Whatever action it and Reverse. Presently, shift-by-wire
develops a hesitation problem during takes for the driver to initially activate technology and electronically controlled
acceleration. Therefore, NHTSA will not the vehicle’s propulsion system and transmissions have led to joystick-type
amend the regulatory text to include a place the vehicle in a mode where its shifters where the shifter returns to a
minimum time requirement for ICE propulsion system can operate and resting position after a gear is selected.
automatic starting. move the vehicle is considered ‘‘driver If the shifter is momentarily pushed to
activation.’’ Driver activation includes the D position, the transmission shifts to
F. Leaving FMVSS No. 102 Unchanged such actions as inserting a key into the Drive, a Drive telltale light illuminates
and Placing New Requirements in a ignition and turning it, pushing a starter to let the driver know the transmission
Separate Standard button, and activating a remote keyless is in Drive and the shifter, when
International recommended that starting system. released, returns to its rest position. The
FMVSS No. 102 remain as is and that a In the NPRM, the term ‘‘after the telltale light, not the shifter position,
new standard be added that would driver has activated the vehicle’s tells the driver what gear the
apply to hybrid-electric vehicles. propulsion system’’ was used because in transmission is in. In such a system,
International stated its belief that trying hybrid-electric vehicles such as the when shifting from Drive to Reverse, the
to incorporate hybrid-electric vehicles Toyota Prius, if certain conditions are transmission automatically transitions
within FMVSS No. 102 is ‘‘very met (such as the engine is warm, and from Drive to Neutral to Reverse.
confusing’’ and the confusion will be the batteries are charged), when the Such systems are not limited to
compounded as other types of hybrid driver turns the ignition on and joysticks. In some systems push buttons
vehicles are developed in the future. attempts to start the ICE, the ICE may and paddle shifters are also used. In all
While NHTSA has considered this not start because it may not be needed. of these cases, the telltale light, not the
comment, it has decided not to place the Even if the ICE is not needed and position of the lever, paddle, or button,

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tells the driver of the transmission gear. cases, it is not clear that either S4.1.3.1 Denso urged NHTSA not to
Whether a paddle, lever or button is or S4.1.3.2 should be applied. Denso unnecessarily restrict future
used for shifting, the transmission must further stated that it is not clear whether developments of stop/start technologies.
automatically transition through Neutral the engine in the two cases is permitted In response, NHTSA notes that the
when going back and forth between to automatically restart. Therefore, new language in this final rule states
Drive and Reverse. Recently, NHTSA Denso requested that NHTSA review the that after the driver has activated the
issued an interpretation to Lemf’’rder exclusions to S4.1.3 to clarify its vehicle’s propulsion system, the engine
Corporation (August 1, 2002) which application, considering all may stop and restart automatically
submitted diagrams of several joystick transmission shift lever positions. when the transmission shift position is
sequences. The interpretation evaluated Denso also commented that S4.1.3.2 in any forward drive gear. When the
these sequences and discussed whether of the NPRM would require vehicles transmission shift position is in reverse
or not they were in compliance with the having an automatic engine stop/start gear, this final rule permits the engine
sequence requirements of FMVSS No. feature that operates when the vehicle is to restart automatically if two
102. NHTSA believes that in view of in reverse gear to meet creep force conditions are satisfied. Both conditions
present and emerging shift selection requirements whenever the apply to the situation where the engine
technology, it would be more accurate if transmission shift lever is in a reverse is automatically stopped in a forward
the amended portions of FMVSS No. position and requires manufacturers to drive shift position and the driver
102 addressed ‘‘shift position’’ rather demonstrate compliance with the creep selects Reverse. The first condition is
than ‘‘shift lever position.’’ The title of force requirements by testing the vehicle that the engine must restart immediately
FMVSS No. 102 is also amended to with the engine stopped. Denso when the service brake is applied. The
read: ‘‘Transmission shift position submitted a Table ‘‘Examples of Engine/ second condition is that the engine does
sequence, starter interlock, and Motor Operation flow when the not start automatically if the service
transmission braking effect.’’ Portions of Transmission Shift Lever is in a Reverse brake is not applied. The final rule also
the standard that specifically refer to Position’’ (the Table) which provides provides that the engine may stop and
systems with shift levers (S3.1.1.1) will examples of possible automatic engine start anytime after the driver has
remain as written. and motor operation flow 3 for hybrid- activated the vehicle’s propulsion
electric vehicles (HEVs) and internal system if the vehicle’s propulsion
I. Clarification of When the ICE May combustion engine only vehicles
Stop and Start system can propel the vehicle in the
(ICEVs). Denso indicated that the normal travel mode in all forward and
Comments from Denso requested operational status of the engine and the reverse drive gears without the engine
clarification of exclusions for the starter motor when the transmission shift lever operating and if the engine
interlock requirements as they appear in is shifted to the reverse position and automatically starts while the vehicle is
the regulatory text of the NPRM. Denso when the brake pedal is partially/fully traveling at a steady speed and a steady
indicated that NHTSA’s NPRM released are classified into ‘‘motor
prescribes conditions under which a accelerator control setting, the engine
operation only’’, ‘‘engine operation
vehicle engine may stop and restart does not cause the vehicle to accelerate.
only’’, and ‘‘simultaneous motor and
automatically when the transmission The final rule language permits a
engine operation’’. Denso commented
shift lever is in a forward or reverse vehicle like the Insight to automatically
that it is not clear how the proposed
drive position, as exclusions to the stop and start the engine in forward
rule would be applied to the scenarios,
general starter interlock requirements (S which are shown in the Table and asked gears; however, when the driver selects
4.1.3 of the NPRM). Denso stated its NHTSA to clarify how the proposed rule Reverse, the engine must start and
belief that the proposed amendment will apply to each case. The Table remain running in Reverse. The final
means that the exclusions permit the appears in Denso’s comments in DOT rule language also permits vehicles like
engine to ‘‘stop and restart’’ Docket No. NHTSA–2003–14907–9. the Prius to allow its engine to
automatically when the transmission Denso also asked that regarding the automatically start and stop anytime
shift lever is kept in a forward position creep force compliance test, according after driver activation of the propulsion
(without shifting the lever from the to the Table, the systems that operate by system. The Prius engine may stop in a
forward position to a reverse position) automatically restarting the engine on forward gear and restart in Reverse or
in S4.1.3.1, or while the lever is kept in and before the brake pedal is fully may stop while in Reverse and restart in
a reverse position (without shifting the released (scenarios numbers 6 to 8, 11, a forward gear.
lever from the reverse position to a 12, Nos.13 to 18, Nos. 20 to 22 in the Denso asked us to clarify how the
forward position) in S4.1.3.2. Table) cannot be tested to justify the proposed rule would apply to each of
However, Denso stated that in actual compliance with the creep force the scenarios in the Table. Each scenario
driving conditions and depending on requirement; because it appears that describes the status of the ICE, electric
system design, the shift lever need not these systems cannot achieve the engine motor, brake pedal and accelerator
always be in the same position when the stopped condition specified in S4.1.3.2. while the shift position is in Reverse.
engine stops and restarts. For example, Denso wanted advice as to what test Denso also asked that we comment and/
the engine may automatically stop when procedures would apply to these cases. or clarify how scenarios numbers
the transmission shift lever is in a Denso stated its belief that NHTSA’s 6,7,8,11,12,13,14,15,16,17,18,20,21,22
forward position and then automatically intent for requiring the creep force is to would be tested using the test procedure
restart after the lever has been shifted warn driver of what gear the vehicle is described in S5 of the NPRM.
from the forward position to a reverse engaged in and asked NHTSA to state The new language that appears in this
position. Similarly, the engine may the rule more clearly and to address the final rule does not use creep force to
automatically stop when the cases listed in the Table. Moreover, distinguish between types of hybrid
transmission shift lever is in a reverse vehicles and does not include a test for
position and then automatically restart 3 Operational status of the engine and the motor
minimum creep force. Therefore, any
after the lever has been shifted from the having an automatic engine stop and restart concerns about how certain scenarios
function, at each phase, from the time the vehicle
reverse position to a forward position. is stationary with the brake pedal fully applied, would be tested for minimum creep
Denso commented that in the latter two through the time the acceleration pedal is applied. force are now moot.

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J. Other Issues Raised in Response to the (propulsion energy storage system). A not stop the engine in Reverse and if the
NPRM 95 percent charge for the starter battery engine is automatically stopped in a
The following five issues were also is satisfactory. A suggested state of forward gear, it starts immediately when
raised in response to the NPRM. charge for the propulsion battery is its Reverse is selected and the service brake
1. Minimum Creep Force Value of 1.5 nominal low limit. is applied. The Prius exhibits creep
Percent of GVWR—DaimlerChrysler NHTSA notes that these five issues force in reverse with its ICE stopped and
were raised in response to NPRM therefore, the requirement permitted
commented that the creep force ratio
language that proposed to specify and both hybrid vehicle designs while
defined as .015 (creep force/GVWR) is a
regulate creep force. This final rule limiting the operation of idle-stop
good starting point. Ford commented
removes the use of creep force to systems for conventional vehicles to
that there is not enough data to support
distinguish between the two types of forward gears only.
the specific minimum value of creep
hybrid-electric vehicles and removes the Public comments to the NPRM
force proposed. NYCT expressed
performance test for creep force. New questioned the validity of specifying
concern about the proposal to require a
language makes the same distinction creep force, raising questions as to
creep force of at least 1.5 percent of
between the same vehicles with conditions under which creep force
GVWR, as Table 1 of the NPRM did not
substantially similar language, but in a should be exhibited, and how the
include data from any commercial simpler manner. The new language proposed amendment would apply to
vehicles. creates no problems for vehicles series hybrid-electric systems.4 Because
2. Applicability of the Phrase ‘‘Brake
equipped with air brakes. In view of the solutions to the issues raised by public
Pedal Released’’ to Air Brakes— new language that appears in this final comments would increase the
International commented that air brake rule, the five series of comments complexity of the regulatory language,
systems have different operating addressing creep force issues are no we began to consider alternatives that
characteristics than do hydraulic brake longer applicable. would meet the same objectives that we
systems. Statements in S4.1.3.2 of the sought in the NPRM.
NPRM such as ‘‘before the brake pedal V. Final Rule A refined, simpler approach was
is released’’ and ‘‘with the brake pedal In the NPRM, we proposed to limit developed and appears in this final rule.
released’’ have a different interpretation the operation of idle-stop systems to This approach makes the same
when addressing a vehicle with forward gears in order to minimize the distinction between vehicles as does the
hydraulic versus air brakes. possibility of vehicle crashes resulting NPRM and produces a substantially
International also stated that S5.1.7 from shifting errors. In an idle-stop similar outcome. This final rule
needs more detail. International asked if equipped vehicle, if the engine is generally requires that the engine starter
the system passes if the device registers stopped and the driver has mistakenly be inoperative when the transmission
in the last .001 inch of pedal movement. placed the vehicle in Reverse, there is shift position is in a forward or reverse
International stated that a better test no cue from creep force and the shifting drive position. However, after the driver
may define this in terms of creep force error may not be realized until the has activated the vehicle propulsion
being present at certain points in the accelerator pedal is pressed and the system, the engine may stop and start
pedal travel or at pedal forces less than engine automatically restarts. When the automatically when the transmission
a certain value. driver presses the accelerator, he may be shift position is in any forward drive
3. Requiring Creep Force in Reverse surprised when the vehicle accelerates gear. The rule prohibits the engine from
When the ICE Is Both ‘‘On’’ and ‘‘Off’’— rearward rather than forward. Such automatically stopping in reverse gear.
International commented that the creep situations can cause property damage, When the engine is automatically
force requirement in reverse gear should as well as, injuries and deaths to stopped in a forward drive shift position
apply if the engine is on or off. If a pedestrians. Allowing idle-stop systems and the driver selects Reverse, this final
vehicle sits in Reverse for a long time, to operate only in forward gears has rule permits the engine to restart
the engine may start up to recharge the fewer ramifications, as the driver will automatically in Reverse if two
battery or to run the heating and air learn to associate automatic engine conditions are satisfied. The first
conditioning systems. Confusion may stopping and starting with forward condition is that the engine must restart
occur if the driver assumes the vehicle motion. immediately whenever the service brake
is in a forward gear because the engine However, amending Standard 102 to is applied. The second condition is that
is running. Therefore International prohibit all vehicles, including hybrid- the engine does not start automatically
recommends removing the reference to electric vehicles, from automatically if the service brake is not applied.
the state of the combustion engine in the stopping and starting the engine in A second exception applies to
definition of Creep Force (S3) and Reverse would have no safety purpose vehicles like the Prius where
rewriting S5.1.7 to include testing with for a vehicle like the Prius in which unrestricted engine starting introduces
the engine off and with the engine on. engine starting has no effect on its low no safety issues. The final rule specifies
4. Use of the Term ‘‘Electric Motor’’ in speed operation. Therefore, a distinction that the engine may automatically stop
the Regulatory Text—International should be made between the two types and start anytime after the driver has
indicated that references to an electric of hybrid vehicles. In the NPRM, the activated the vehicle’s propulsion
motor in the definition of ‘‘creep force’’ agency attempted to distinguish system if the vehicle’s propulsion
(S3) of the NPRM exclude future between these two types of hybrid- system can propel the vehicle in its
technologies and will require a change electric vehicles (electric motor- normal travel mode in all forward and
to the regulation with each new powered vehicle assisted by an ICE reverse drive gears without the engine
technology introduced. (such as the Prius) vs. the ICE-powered operating, and if the engine
5. Use of the Term ‘‘Battery’’ in the vehicle assisted by an electric motor
Regulatory Text—International (such as the Insight)) by requiring 4 The series system discussed is one where

commented that the reference to the vehicles that allow its ICE to vehicle motive power is obtained strictly from
electric motors connected to the drive train and the
word ‘‘battery’’ in S5.1.2 of the NPRM automatically stop and start in Reverse sole purpose of the ICE is to rotate a generator that
should differentiate between the starter to exhibit creep force in Reverse when supplies electrical power to charge batteries and
battery and the propulsion battery the engine is stopped. The Insight does supply electrical power to drive motors.

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38048 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations

automatically starts while the vehicle is and injuries resulting from traffic engine starting has no effect on its low
traveling at a steady speed and a steady accidents. Id. Responsibility for speed operation. Therefore, we decided
accelerator control setting, the engine promulgation of Federal motor vehicle to make a distinction between the two
does not cause the vehicle to accelerate. safety standards was subsequently types of hybrid vehicles. In the NPRM,
This new wording makes a distinction delegated to NHTSA. 49 U.S.C. 105 and the agency attempted to distinguish
between two types of hybrid vehicles 322; delegation of authority at 49 CFR between these two types of hybrid-
(Insight and Prius) as does the NPRM. 1.50. electric vehicles (idle-stop/Insight and
The final rule permits the idle-stop As a Federal agency, before the Prius) by requiring vehicles that
feature to operate in forward gears for promulgating changes to a Federal allow its ICE to automatically stop and
any vehicle but prohibits it from motor vehicle safety standard, NHTSA start in Reverse to exhibit creep force in
functioning in Reverse unless the also has a statutory responsibility to Reverse when the engine is stopped.
vehicle has special characteristics that follow the informal rulemaking The Insight does not stop the engine in
are specified in simple language. If the procedures mandated in the Reverse and if the engine is
engine on an idle-stop equipped vehicle Administrative Procedure Act at 5 automatically stopped in a forward gear,
is stopped in a forward gear and the U.S.C. Section 553. Among these it starts immediately when Reverse is
shift position is changed to Reverse, it requirements are Federal Register selected and the service brake is
requires the brake to be depressed publication of a general notice of applied. The Prius exhibits creep force
before the engine starts. Therefore, if proposed rulemaking, and giving in reverse with its ICE stopped and
Reverse is selected by mistake, the interested persons an opportunity to therefore, the requirement permitted
driver’s foot is on the brake and he or participate in the rulemaking through both hybrid vehicle designs while
she is prepared to stop the vehicle. It submission of written data, views or limiting the operation of idle-stop
also allows for vehicles like the Prius, arguments. After consideration of the systems for conventional vehicles to
which behaves like a conventional ICE/ public comments, we must incorporate forward gears only.
automatic transmission equipped into the rules adopted, a concise general Public comments to the NPRM
vehicle no matter what the status of the statement of the rule’s basis and questioned the validity of specifying
ICE. Therefore, this different approach purpose. creep force, raising questions as to
that appears in this final rule makes the The agency has carefully considered conditions under which creep force
same distinction between the same these statutory requirements in should be exhibited, and how the
vehicles as does the NPRM and achieves promulgating this final rule to amend proposed amendment would apply to
an outcome substantially similar to that FMVSS No. 102. As previously series hybrid-electric systems. Because
in the NPRM but in a simpler manner. discussed in detail, we have solicited solutions to the issues raised by public
The approach in the final rule permits public comment in an NPRM and have comments would increase the
the designs of the Insight and the Prius carefully considered the public complexity of the proposed amendment,
for which the original interpretations comments before issuing this final rule. we began to consider alternatives that
were written. The final rule also permits As a result, we believe that this final would meet the same objectives that we
the designs used on the hybrid-electric rule reflects consideration of all relevant sought in the NPRM.
Civic, Accord and the redesigned Prius, available motor vehicle safety A new and simpler approach was
as well as series hybrid-electric systems information. Consideration of all these developed and appears in this final rule.
used in heavy vehicles such as buses. statutory factors has resulted in the This new approach makes the same
The final rule imposes no burden on following decisions in this final rule. distinction between the same vehicles
manufacturers of current hybrid In the NPRM, we proposed to limit as does the NPRM and produces a
vehicles, and allows for flexibility in the operation of idle-stop systems to substantially similar outcome. This final
future designs. Finally, this final rule forward gears in order to minimize the rule amends FMVSS No. 102 to require
does not compromise the original safety possibility of vehicle crashes resulting that the engine starter be inoperative
intent of Standard 102. from shifting errors. In an idle-stop when the transmission shift position is
equipped vehicle, if the engine is in a forward or reverse drive position.
VI. Statutory Bases for the Final Rule stopped and the driver has mistakenly With respect to vehicles with automatic
We have issued this final rule placed the vehicle in Reverse, there is transmissions, the rule permits, after
pursuant to our statutory authority. no cue from creep force and the shifting activation of the vehicle’s propulsion
Under 49 U.S.C. Chapter 301, Motor error may not be realized until the system by the driver, the engine to stop
Vehicle Safety (49 U.S.C. 30101 et seq.), accelerator pedal is pressed and the and restart automatically when the
the Secretary of Transportation is engine automatically restarts. When the transmission shift position is in any
responsible for prescribing motor driver presses the accelerator, he may be forward drive gear. The rule prohibits
vehicle safety standards that are surprised when the vehicle accelerates the engine from automatically stopping
practicable, meet the need for motor rearward rather than forward. Such in reverse gear. When the engine is
vehicle safety, and are stated in situations can cause property damage, automatically stopped in a forward
objective terms. 49 U.S.C. 30111(a). as well as, injuries and deaths to drive shift position and the driver
When prescribing such standards, the pedestrians. Allowing idle-stop systems selects Reverse, this final rule permits
Secretary must consider all relevant, to operate only in forward gears has the engine to restart automatically in
available motor vehicle safety fewer ramifications, as the driver will Reverse if two conditions are satisfied.
information. 49 U.S.C. 30111(b). The learn to associate automatic engine The first condition is that the engine
Secretary must also consider whether a stopping and starting with forward must restart immediately whenever the
proposed standard is reasonable, motion. service brake is applied. The second
practicable, and appropriate for the type However, amending Standard 102 to condition is that the engine does not
of motor vehicle or motor vehicle prohibit all vehicles, including hybrid- start automatically if the service brake is
equipment for which it is prescribed electric vehicles, from automatically not applied.
and the extent to which the standard stopping and starting the engine in A second exception applies to
will further the statutory purpose of Reverse would have no safety purpose vehicles like the Prius where
reducing traffic accidents and deaths for a vehicle like the Prius in which unrestricted engine starting introduces

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no safety issues. The final rule specifies electric systems, that conserve energy VIII. Regulatory Analyses and Notices
that the engine may automatically stop and reduce emissions by stopping the
A. Executive Order 12866 and DOT
and start anytime after the driver has internal combustion engine when it is
Regulatory Policies and Procedures
activated the vehicle’s propulsion not needed, meets the need for safety.
system if the vehicle’s propulsion Executive Order 12866, ‘‘Regulatory
VII. Effective Date Planning and Review’’ (58 FR 51735,
system can propel the vehicle in its
normal travel mode in all forward and AHAS concurred with the NPRM’s October 4, 1993), provides for making
reverse drive gears without the engine proposed effective date, which is the determinations whether a regulatory
operating, and if the engine first September 1st that occurs 2 years action is ‘‘significant’’ and therefore
automatically starts while the vehicle is after the publication date of the final subject to Office of Management and
traveling at a steady speed and a steady rule. International recommended that Budget (OMB) review and to the
accelerator control setting, the engine the proposed changes in the NPRM be requirements of the Executive Order.
does not cause the vehicle to accelerate. applicable only to vehicles with a The Order defines a ‘‘significant
This new wording makes a distinction GVWR less than 10,000 lbs. It stated that regulatory action’’ as one that is likely
between two types of hybrid vehicles if NHTSA does not grant this request, to result in a rule that may:
(Insight and Prius) as did the NPRM. then it requests a much longer lead-time (1) Have an annual effect on the
The final rule permits the idle-stop (4 years) for the heavier vehicles. A economy of $100 million or more or
feature to operate in forward gears for longer lead time would allow time for adversely affect in a material way the
any vehicle but prohibits it from further development of these vehicles economy, a sector of the economy,
functioning in Reverse unless the and also allow time for rule changes if productivity, competition, jobs, the
vehicle has special characteristics that the proposed requirements are not environment, public health or safety, or
are specified in simple language. If the applicable. DaimlerChrysler commented State, local, or Tribal governments or
engine on an idle-stop equipped vehicle that since we are operating under communities;
is stopped in a forward gear and the interpretations, they would like to see (2) Create a serious inconsistency or
shift position is changed to Reverse, it an effective date of less than 2 years otherwise interfere with an action taken
requires the brake to be depressed after publication of the final rule. or planned by another agency;
before the engine starts. Therefore, if In response, NHTSA notes that the (3) Materially alter the budgetary
Reverse is selected by mistake, the new language of the final rule removes impact of entitlements, grants, user fees,
driver’s foot is on the brake and he or any conflicts that existed between or loan programs or the rights and
she is prepared to stop the vehicle. It current hybrid systems on vehicles with obligations of recipients thereof; or
GVWRs greater than 10,000 pounds and (4) Raise novel legal or policy issues
also allows for vehicles like the Prius,
the proposed language that appeared in arising out of legal mandates, the
which behaves like a conventional ICE/
the NPRM. The language in the final President’s priorities, or the principles
automatic transmission equipped
rule does not conflict with series set forth in the Executive Order.
vehicle no matter what the status of the We have considered the impact of this
ICE. Therefore, this different approach hybrid-electric systems usually found
on large buses. The final rule language rulemaking action under Executive
that appears in this final rule makes the Order 12866 and the Department of
same distinction between the same eliminates the test for creep force,
distinguishes between the same types of Transportation’s regulatory policies and
vehicles as does the NPRM and achieves procedures. This rulemaking document
an outcome identical to that in the vehicles (i.e., Insight versus Prius) and
yields an outcome that is substantially was not reviewed by the Office of
NPRM but in a simpler manner. The Management and Budget under E.O.
approach in the final rule permits the similar to the language in the NPRM.
The final rule does not impose any 12866, ‘‘Regulatory Planning and
designs of the Insight and the Prius for Review.’’ The rulemaking action is also
which the original interpretations were burden on manufacturers, does not
cause redesign of current vehicles and not considered to be significant under
written. The final rule also permits the the Department’s Regulatory Policies
designs used on the hybrid-electric does not restrict the development of
new technology. Additionally, the final and Procedures (44 FR 11034; February
Civic, Accord and the redesigned Prius, 26, 1979).
as well as series hybrid-electric systems rule establishes in FMVSS No. 102, the
interpretations provided for Toyota We are revising FMVSS No. 102,
used in heavy vehicles such as buses. Transmission shift position sequence,
The final rule imposes no burden on (1999) and Honda (2001).
For these reasons, and because it is starter interlock, and transmission
manufacturers of current hybrid braking effect, to clarify how it applies
vehicles, and allows for flexibility in important to expeditiously clarify how
the start interlock requirements apply to to vehicles with emerging technologies.
future designs. Finally, this final rule The amendments do not require changes
does not compromise the original safety vehicles incorporating emerging
technologies, NHTSA wishes to to current vehicles, and the impacts are
intent of Standard 102. so minimal that a full regulatory
minimize any delay in the
As indicated, we have thoroughly implementation of the final rule. This evaluation has not been prepared.
reviewed the public comments and final rule takes effect 180 days
amended the final rule to reflect the B. Executive Order 13132 (Federalism)
(approximately 6 months) after
comments. In the few instances where publication. NHTSA’s statute at 49 Executive Order 13132 requires us to
we did not adopt a comment, we U.S.C. Section 30111(d) Effective dates develop an accountable process to
explain why we did not adopt the of standards states: ensure ‘‘meaningful and timely input by
comment. In most instances, the State and local officials in the
comments addressed the creep force [NHTSA] shall specify the effective date of a development of regulatory policies that
proposal in the NPRM, which were not motor vehicle safety standard prescribed have federalism implications.’’ ‘‘Policies
under this chapter [49 USCS §§ 301 et seq.]
adopted in the final rule. These in the order prescribing the standard. A
that have federalism implications’’ is
comments were thus made moot. We standard may not become effective before the defined in the Executive Order to
believe that this final rule, which 180th day after the standard is prescribed or include regulations that have
facilitates the development of later than one year after it is prescribed ‘‘substantial direct effects on the States,
propulsion systems, such as hybrid/ * * * on the relationship between the national

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38050 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations

government and the States, or on the retroactive effect. Under 49 U.S.C. F. National Environmental Policy Act
distribution of power and 30103, whenever a Federal motor We have analyzed this rule for the
responsibilities among the various vehicle safety standard is in effect, a purposes of the National Environmental
levels of government.’’ Under Executive State may not adopt or maintain a safety Policy Act and determined that it would
Order 13132, we may not issue a standard applicable to the same aspect not have any significant impact on the
regulation with Federalism of performance which is not identical to quality of the human environment.
implications, that imposes substantial the Federal standard, except to the
direct compliance costs, and that is not G. Paperwork Reduction Act
extent that the state requirement
required by statute, unless the Federal imposes a higher level of performance NHTSA has determined that this final
government provides the funds and applies only to vehicles procured rule will not impose any ‘‘collection of
necessary to pay the direct compliance for the State’s use. 49 U.S.C. 30161 sets information’’ burdens on the public,
costs incurred by State and local forth a procedure for judicial review of within the meaning of the Paperwork
governments, or unless we consult with Reduction Act of 1995 (PRA). This
final rules establishing, amending or
State and local governments, or unless rulemaking action does not impose any
revoking Federal motor vehicle safety
we consult with State and local officials filing or recordkeeping requirements on
early in the process of developing the standards. That section does not require
submission of a petition for any manufacturer or any other party.
proposed regulation. We also may not For this reason, we discuss neither
issue a regulation with Federalism reconsideration or other administrative
electronic filing and recordkeeping nor
implications and that preempts State proceedings before parties may file suit
do we discuss a fully electronic
law unless we consult with State and in court. reporting option.
local officials early in the process of E. Regulatory Flexibility Act
developing the proposed regulation. H. National Technology Transfer and
This rule will not have substantial Pursuant to the Regulatory Flexibility Advancement Act
direct effects on the States, on the Act (5 U.S.C. 601 et seq., as amended by Section 12(d) of the National
relationship between the national the Small Business Regulatory Technology Transfer and Advancement
government and the States, or on the Enforcement Fairness Act (SBREFA) of Act of 1995 (NTTAA), Pub. L. 104–113,
distribution of power and 1996) whenever an agency is required to section 12(d) (15 U.S.C. 272) directs us
responsibilities among the various publish a notice of rulemaking for any to use voluntary consensus standards in
levels of government, as specified in proposed or final rule, it must prepare our regulatory activities unless doing so
Executive Order 13132. The reason is and make available for public comment would be inconsistent with applicable
that this final rule applies to motor a regulatory flexibility analysis that law or otherwise impractical. Voluntary
vehicle manufacturers, and not to the describes the effect of the rule on small consensus standards are technical
States or local governments. Thus, the standards (e.g., materials specifications,
entities (i.e., small businesses, small
requirements of Section 6 of the test methods, sampling procedures, and
organizations, and small governmental
Executive Order do not apply. business practices) that are developed or
jurisdictions). However, no regulatory adopted by voluntary consensus
C. Executive Order 13045 (Economically flexibility analysis is required if the standards bodies, such as the Society of
Significant Rules Disproportionately head of an agency certifies the rule Automotive Engineers (SAE). The
Affecting Children) would not have a significant economic NTTAA directs us to provide Congress,
Executive Order 13045 (62 FR 19885, impact on a substantial number of small through OMB, explanations when we
April 23, 1997) applies to any rule that: entities. SBREFA amended the decide not to use available and
(1) Is determined to be ‘‘economically Regulatory Flexibility Act to require applicable voluntary consensus
significant’’ as defined under E.O. Federal agencies to provide a statement standards.
12866, and (2) concerns an of the factual basis for certifying that a After conducting a search of available
environmental, health or safety risk that rule would not have a significant sources (including data from
NHTSA has reason to believe may have economic impact on a substantial International Organization of Standards
a disproportionate effect on children. If number of small entities. or other standards bodies), we have
the regulatory action meets both criteria, The Administrator has considered the determined that there are not any
we must evaluate the environmental effects of this rulemaking action under available and applicable voluntary
health or safety effects of the rule on the Regulatory Flexibility Act (5 U.S.C. consensus standards that we can use in
children, and explain why the 601 et seq.) and certifies that this final this final rule.
regulation is preferable to other rule will not have a significant I. Unfunded Mandates Reform Act
potentially effective and reasonably economic impact on a substantial
feasible alternatives considered by us. Section 202 of the Unfunded
number of small entities. The statement Mandates Reform Act of 1995 (UMRA)
This rule is not subject to the
of the factual basis for the certification requires Federal agencies to prepare a
Executive Order because it is not
economically significant as defined in is that since this rulemaking makes no written assessment of the costs, benefits
E.O. 12866 and does not involve substantive changes in the scope of and other effects of proposed or final
decisions based on environmental, FMVSS No. 102, small manufacturers of rules that include a Federal mandate
health or safety risks that passenger cars, multipurpose passenger likely to result in the expenditure by
disproportionately affect children. vehicles, trucks or buses need not make State, local or tribal governments, in the
any changes in vehicle manufacturing aggregate, or by the private sector, of
D. Executive Order 12988 (Civil Justice processes or procedures to ensure that more than $100 million in any one year
Reform) their vehicles meet an amended FMVSS (adjusted for inflation with base year of
Pursuant to Executive Order 12988, No. 102. Accordingly, the agency 1995). Before promulgating a NHTSA
‘‘Civil Justice Reform,’’ we have concludes that this final rule does not rule for which a written statement is
considered whether this rule has any affect the costs of motor vehicle needed, section 205 of the UMRA
retroactive or preemptive effect. We manufacturers considered to be small generally requires us to identify and
conclude that it would not have any business entities. consider a reasonable number of

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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations 38051

regulatory alternatives and adopt the PART 571—FEDERAL MOTOR (c) The engine may automatically
least costly, most cost-effective or least VEHICLE SAFETY STANDARDS restart in reverse gear only if the vehicle
burdensome alternative that achieves satisfies (1) and (2):
the objectives of the rule. The ■ 1. The authority citation for part 571 (1) When the engine is automatically
provisions of section 205 do not apply continues to read as follows: stopped in a forward drive shift position
when they are inconsistent with Authority: 49 U.S.C. 322, 30111, 30115, and the driver selects Reverse, the
applicable law. Moreover, section 205 30117, and 30166; delegation of authority at engine restarts immediately whenever
allows us to adopt an alternative other 49 CFR 1.50. the service brake is applied.
than the least costly, most cost-effective (2) When the engine is automatically
or least burdensome alternative if we ■ 2. Section 571.102 is revised to read as stopped in a forward drive shift position
publish with the final rule an follows: and the driver selects Reverse, the
explanation why that alternative was § 571.102 Standard No. 102; Transmission engine does not start automatically if
not adopted. shift position sequence, starter interlock, the service brake is not applied.
This final rule will not result in costs and transmission braking effect. S3.1.3.2 Notwithstanding S3.1.3.1,
of $100 million or more to either State, the engine may stop and start at any
S1. Purpose and scope. This standard
local, or tribal governments, in the time after the driver has activated the
specifies the requirements for the
aggregate, or to the private sector. Thus, vehicle’s propulsion system if:
transmission shift position sequence, a
this rule is not subject to the (a) The vehicle’s propulsion system
starter interlock, and for a braking effect
requirements of sections 202 and 205 of can propel the vehicle in the normal
of automatic transmissions, to reduce
the UMRA. travel mode in all forward and reverse
the likelihood of shifting errors, to
drive gears without the engine
J. Plain Language prevent starter engagement by the driver
operating, and
Executive Order 12866 requires each when the transmission is in any drive (b) If the engine automatically starts
agency to write all rules in plain position, and to provide supplemental while the vehicle is traveling at a steady
language. Application of the principles braking at speeds below 40 kilometers speed and steady accelerator control
of plain language includes consideration per hour (25 miles per hour). setting, the engine does not cause the
of the following questions: S2. Application. This standard vehicle to accelerate.
—Have we organized the material to suit applies to passenger cars, multi-purpose S3.1.3.3 If the transmission shift
the public’s needs? passenger vehicles, trucks, and buses. position is in Park, automatically
—Are the requirements in the rule S3. Requirements. stopping or restarting the engine shall
clearly stated? S3.1 Automatic transmissions. not take the transmission out of Park.
—Does the rule contain technical S3.1.1 Location of transmission shift S3.1.4 Identification of shift
language or jargon that is not clear? positions on passenger cars. A neutral positions and of shift position sequence.
—Would a different format (grouping position shall be located between S3.1.4.1 Except as specified in
and order of sections, use of headings, forward drive and reverse drive S3.1.4.3, if the transmission shift
paragraphing) make the rule easier to positions. position sequence includes a park
understand? S3.1.1.1 Transmission shift levers. If position, identification of shift
—Would more (but shorter) sections be a steering-column-mounted positions, including the positions in
better? transmission shift lever is used, relation to each other and the position
—Could we improve clarity by adding movement from neutral position to selected, shall be displayed in view of
tables, lists, or diagrams? forward drive position shall be the driver whenever any of the
—What else could we do to make this clockwise. If the transmission shift lever following conditions exist:
rulemaking easier to understand? sequence includes a park position, it (a) The ignition is in a position where
If you have any responses to these shall be located at the end, adjacent to the transmission can be shifted; or
questions, please include them in your the reverse drive position. (b) The transmission is not in park.
comments to the docket number cited in S3.1.4.2 Except as specified in
S3.1.2 Transmission braking effect.
the heading of this final rule. S3.1.4.3, if the transmission shift
In vehicles having more than one
position sequence does not include a
K. Regulation Identifier Number (RIN) forward transmission gear ratio, one
park position, identification of shift
The Department of Transportation forward drive position shall provide a
positions, including the positions in
assigns a regulation identifier number greater degree of engine braking than the
relation to each other and the position
(RIN) to each regulatory action listed in highest speed transmission ratio at
selected, shall be displayed in view of
the Unified Agenda of Federal vehicle speeds below 40 kilometers per
the driver whenever the ignition is in a
Regulations. The Regulatory Information hour (25 miles per hour).
position in which the engine is capable
Service Center publishes the Unified S3.1.3 Starter interlock. Except as of operation.
Agenda in April and October of each provided in S3.1.3.1 through S3.1.3.3, S3.1.4.3 Such information need not
year. You may use the RIN contained in the engine starter shall be inoperative be displayed when the ignition is in a
the heading at the beginning of this when the transmission shift position is position that is used only to start the
document to find this action in the in a forward or reverse drive position. vehicle.
Unified Agenda. S3.1.3.1 After the driver has S3.1.4.4 All of the information
activated the vehicle’s propulsion required to be displayed by S3.1.4.1 or
List of Subjects in 49 CFR Part 571 system: S3.1.4.2 shall be displayed in view of
Imports, Motor vehicle safety, Motor (a) The engine may stop and restart the driver in a single location. At the
vehicles, Rubber and rubber products, automatically when the transmission option of the manufacturer, redundant
Tires. shift position is in any forward drive displays providing some or all of the
■ In consideration of the foregoing, the gear; information may be provided.
Federal Motor Vehicle Safety Standards (b) The engine may not automatically S3.2 Manual transmissions.
(49 CFR Part 571), are amended as set stop when the transmission is in reverse Identification of the shift lever pattern
forth below. gear; and of manual transmissions, except three

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38052 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations

forward speed manual transmissions FOR FURTHER INFORMATION CONTACT: Josh Classification
having the standard ‘‘H’’ pattern, shall Keaton, 907–586–7228.
be displayed in view of the driver at all SUPPLEMENTARY INFORMATION: NMFS This action responds to the best
times when a driver is present in the manages the groundfish fishery in the available information recently obtained
driver’s seating position. BSAI according to the Fishery from the fishery. The Assistant
Issued on: June 28, 2005. Management Plan for Groundfish of the Administrator for Fisheries, NOAA
Jeffrey W. Runge, Bering Sea and Aleutian Islands (AA), finds good cause to waive the
Management Area (FMP) prepared by requirement to provide prior notice and
Administrator.
the North Pacific Fishery Management opportunity for public comment
[FR Doc. 05–13062 Filed 6–30–05; 8:45 am]
Council under authority of the pursuant to the authority set forth at 5
BILLING CODE 4910–59–P
Magnuson-Stevens Fishery U.S.C. 553(b)(B) as such requirement is
Conservation and Management Act. impracticable and contrary to the public
Regulations governing fishing by U.S. interest. This requirement is
DEPARTMENT OF COMMERCE vessels in accordance with the FMP impracticable and contrary to the public
National Oceanic and Atmospheric appear at subpart H of 50 CFR part 600 interest as it would prevent NMFS from
Administration and 50 CFR part 679. responding to the most recent fisheries
The 2005 rock sole TAC in the BSAI data in a timely fashion and would
50 CFR Part 679 is 35,275 metric tons (mt) as established delay the closure of rock sole in the
by the 2005 and 2006 final harvest BSAI.
[Docket No. 041126332–5039–02; I.D. specifications for groundfish in the
062705A] BSAI (70 FR 8979, February 24, 2005). The AA also finds good cause to
In accordance with § 679.20(d)(1)(i), waive the 30-day delay in the effective
Fisheries of the Exclusive Economic the Administrator, Alaska Region, date of this action under 5 U.S.C.
Zone Off Alaska; Rock Sole in the NMFS, has determined that the 2005 553(d)(3). This finding is based upon
Bering Sea and Aleutian Islands rock sole TAC in the BSAI will soon be the reasons provided above for waiver of
Management Area reached. Therefore, the Regional prior notice and opportunity for public
AGENCY: National Marine Fisheries Administrator is establishing a directed comment.
Service (NMFS), National Oceanic and fishing allowance of 33,275 mt, and is This action is required by § 679.20
Atmospheric Administration (NOAA), setting aside the remaining 2,000 mt as and is exempt from review under
Commerce. bycatch to support other anticipated Executive Order 12866.
ACTION: Temporary rule; closure. groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional Authority: 16 U.S.C. 1801 et seq.
SUMMARY: NMFS is prohibiting directed Administrator finds that this directed Dated: June 27, 2005.
fishing for rock sole in the Bering Sea fishing allowance has been reached. Alan D. Risenhoover
and Aleutian Islands management area Consequently, NMFS is prohibiting
(BSAI). This action is necessary to Acting Director, Office of Sustainable
directed fishing for rock sole in the
prevent exceeding the 2005 rock sole Fisheries, National Marine Fisheries Service.
BSAI.
total allowable catch (TAC) in the BSAI. After the effective date of this closure [FR Doc. 05–13048 Filed 6–28–05; 2:20 pm]
DATES: Effective 1200 hrs, Alaska local the maximum retainable amounts at BILLING CODE 3510–22–S
time (A.l.t.), July 5, 2005, through 2400 §§ 679.20(e) and (f) apply at any time
hrs, A.l.t., December 31, 2005. during a trip.

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