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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations error in FMVSS No. 122 S6.3.2d, which stated that category 35
motorcycles are to be tested with a brake actuation force of 350 N and category 34 motorcycles are tested with a brake actuation force of 500 N. The agency is amending FMVSS No. 122 S6.3.2d such that the category 34 motorcycles are tested with a brake actuation force of 350 N and category 35 motorcycles are tested with a brake actuation force of 500 N.

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E. Removing the Reference to FMVSS
No. 101
FMVSS No. 101, Controls and displays, sets forth standardized symbols, lettering, and colors for various telltales, notifications, and warning lamps in passenger vehicles. In the NPRM, the agency proposed removing the reference to the ABS
malfunction telltale specified in FMVSS
No. 101 from FMVSS No. 122
S5.1.10.2c because FMVSS No. 101
does not apply to motorcycles. The agency proposed to change FMVSS No.
122 so that it references FMVSS No. 123
instead of FMVSS No. 101 and to insert the ABS telltale specification into Table 3 of FMVSS No. 123.
NHTSA received only one comment, from the MIC, on that proposed change.
The comment favored the change because it is consistent with GTR No.
12, the global technical regulation concerning the location, identification and operation of motorcycle controls, telltales, and indicators. The agency is amending FMVSS No. 122 S5.1.10.2c by replacing the reference to FMVSS
No. 101 with a reference to FMVSS No.
123. The agency is amending FMVSS
No. 123 by adding the ISO ABS
malfunction telltale into FMVSS No.
123, Table 3.
F. Clarifying the Illumination Requirement for the ABS Telltale NHTSA received one comment from Harley-Davidson suggesting that the agency include an illumination requirement in FMVSS No. 123 similar to the requirement in FMVSS No. 101
S5.3.3a which provides that telltales must be visible to the driver under daylight and nighttime driving conditions. Harley-Davidson stated that inserting such language in FMVSS
No. 123 would align with a similar illumination requirement specified in GTR No. 12.
The agency recognizes that there is no illumination requirement that applies to FMVSS No. 123. However, FMVSS No.
122 S1.10.2a contains a provision which requires the warning lamp to be illuminated by activation of the ignition switch and extinguished when the
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diagnostic check has been completed.
The warning lamp is also required to remain on while a failure condition exists whenever the ignition switch is in the on position. While this illumination requirement in FMVSS No.
122 is not as detailed as the requirement in FMVSS No. 101 that Harley-Davidson suggested using, it applies regardless of external lighting conditions, and it seems likely that manufacturers will continue to equip motorcycles with an ABS malfunction telltale that is visible in both daylight and nighttime driving conditions, as they do in current practice. More critically, adding the suggested language to FMVSS No. 123
would be outside the scope of this rulemaking. Therefore, the agency is not amending FMVSS No. 123 to add an illumination requirement.
IV. Additional Technical Correction On August 17, 2005, 70 FR 48295
NHTSA published a final rule amending FMVSS No. 101, Controls and displays, to modernize the standard. The final rule changed the tables in FMVSS No.
101 by reorganizing the tables and adding additional information. As a result, the table data for antilock brake systems was moved from Table 2 to Table 1. The final rule, however, did not update the cross references located in other standards. FMVSS No. 135, Light vehicle brake systems, contains a reference to Table 2 of FMVSS No. 101, which should now be a reference to Table 1 of FMVSS No. 101. This rulemaking makes the technical correction to update Standard No. 135
to include the correct reference.
V. Effective Date and Administrative Procedure Act Requirements A rule ordinarily cannot take effect earlier than 30 days after it is published pursuant to 5 U.S.C. 553d unless the rule falls under one of three enumerated exceptions. In addition, 49 U.S.C.
30111d provides that a Federal motor vehicle safety standard may not become effective before the 180th day after the standard is prescribed or later than one year after it is prescribed except when a different effective date is, for good cause shown, in the public interest.
This rule does not impose any substantive requirements. Instead, it removes a restriction by allowing manufacturers of motorcycles to use the ISO symbol which is specified in GTR
No. 12. Since this final rule merely provides motorcycle manufacturers the option of using an ISO symbol for the ABS malfunction telltale and thus greater flexibility in meeting the requirements of FMVSS No. 122, the rule falls under the exception at 5 U.S.C.

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553d1 as a rule that relieves a restriction. In addition, NHTSA believes that the public interest would be served by not delaying the effective date. This final rule changes NHTSAs FMVSS to reflect NHTSAs current policy to allow the use of an internationally recognized symbol as the antilock brake system ABS malfunction telltale on motorcycles and makes technical corrections. NHTSA anticipates that the impact of this rule will be small and limited to providing greater flexibility to manufacturers. Therefore, the agency finds that there is good cause under 49
U.S.C. 30111 to make these amendments effective immediately.
This final rule makes one technical change to the regulatory text that was not proposed in the notice of proposed rulemaking. The final rule merely adjusts an outdated and incorrect crossreference in a Table in FMVSS No. 135.
The technical correction, thus, does not make any substantive change to the standard and the agency has determined that notice and opportunity for public comment pursuant to 5 U.S.C. 553b are unnecessary for this technical correction.
VI. Rulemaking Analyses and Notices A. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures NHTSA has considered the impact of this rulemaking action under Executive Order 12866, Executive Order 13563, and the Department of Transportations administrative procedures at 49 CFR
part 5. This rulemaking is not considered significant and was not reviewed by the Office of Management and Budget under Executive Order 12866, Regulatory Planning and Review. Given the minimal impact of the rule, we have not prepared a full regulatory evaluation. The agency has further determined that the impact of this final rule is so minimal that the preparation of a full regulatory evaluation is not required.
NHTSA believes this final rule to allow the use of the ISO ABS
malfunction symbol without a minimum letter height would not impact motorcycle safety since the rule has no effect on ABS effectiveness and adoption rates. Further, the agency does not believe that these minor changes to the telltale will have any effect on a riders ability to understand the telltale.
However, we estimate that it would positively impact manufacturers by eliminating the need to incur costs to redesign ABS telltales.
The availability of ABS either as standard or optional equipment on
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