[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Notices]
[Pages 44264-44265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20951]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA 98-4357; Notice 2]


Aprilia, S.p.A.; Grant of Application for Temporary Exemption 
From Federal Motor Vehicle Safety Standard No. 123

    We are granting the application by Aprilia S.p.A. of Noale, Italy, 
for a temporary exemption from a requirement of S5.2.1 (Table 1) of 
Federal Motor Vehicle Safety Standard No. 123 Motorcycle Controls and 
Displays. The basis of the request was that ``compliance with the 
standard would prevent the manufacturer from selling a motor vehicle 
with an overall level of safety at least equal to the overall safety 
level of nonexempt vehicles,'' 49 U.S.C. 30113(b)(3)(B)(iv).
    We published notice of receipt of the application on August 28, 
1998, and provided an opportunity for comment (63 FR 46097).
    Paragraph S5.2.1 of Standard No. 123 requires that, if a motorcycle 
is equipped with rear wheel brakes, those brakes be operable through 
the right foot control, though the left handlebar is a permissible 
brake control location for motor driven cycles (Item 11, Table 1). 
Aprilia would like to use the left handlebar as the control for the 
rear brakes of its Leonardo 150 motorcycle, whose 150 cc engine 
produces more than the 5 hp maximum that separates motor driven cycles 
from motorcycles. The Aprilia can attain speeds up to 106 km/h (65.7 
mph). The frame of the Leonardo ``has not been designed to mount a 
right foot operated brake pedal, which is a sensitive pressure point 
able to apply considerable stress to the frame, causing failure due to 
fatigue * * * .'' Aprilia ``intends to begin sales into the United 
States for market testing purposes during the 1999 sales year and would 
like to present a model line including the Leonardo 150 motorcycle.'' 
Absent an exemption, it would be unable to do so because the vehicle 
would not fully comply with Standard No. 123. It requested an exemption 
for calendar years 1999 and 2000.
    Aprilia argued that the overall level of safety of the Leonardo 150 
equals or exceeds that of a non-exempted motor vehicle for the 
following reasons. The Leonardo 150 is equipped with an automatic 
transmission. As there is no foot operated gear change, ``the operation 
and use of a motorcycle with an automatic transmission is similar to 
the operation and use of a bicycle.'' Thus, the Leonardo 150 can be 
operated without requiring special training or practice. In response to 
NHTSA's justification for standardization of motorcycle controls, 
Aprilia argued that ``any driver will not hesitate when confronted with 
an emergency'' because ``the use of a left hand lever for the rear 
brake is highly `intuitive'' and easy to use * * * .''
    Admitting that ``the human foot can apply much more force than can 
the hand,'' Aprilia believes that ``with the modern hydraulically 
activated disc brakes used on the Leonardo 150, more than enough brake 
actuation force is available from the hand of even the smallest 
rider.'' Further, ``it takes much longer for the rider's foot to be 
placed over the pedal, and the foot force applied, than it does for the 
rider to reach and squeeze the hand lever.''

[[Page 44265]]

Aprilia argued that ``reducing this ``latency time'' to a minimum, 
especially for inexperienced riders, has obvious safety benefits.'' 
Finally, the hand lever reduces the possibility of loss of control 
because of rear wheel locking in an emergency braking situation because 
of ``the increased sensitivity to brake feedback with the hand lever.''
    Aprilia pointed out that European regulations allow motorcycle 
manufacturers the option of choosing rear brake application through 
either a right foot or left handlebar control, and that Australia 
permits the optional locations for motorcycles of any size with 
automatic transmissions.
    An exemption would be consistent with objectives of motor vehicle 
safety, Aprilia argued, because it believes that its disc brake system 
provides ``better resistance to fade and better performance under wet 
conditions.'' The design of the vehicle ``has been tested by long use 
in Europe and the rest of the world'' without safety concerns being 
raised. An exemption would be in the public interest because the 
emissions ``of the small engines have been demonstrated to be lower 
than alternative means of transportation such as large motorcycles or 
automobiles.'' The introduction of ``this type of motor vehicle will 
provide the American consumer with a broader range of choice of low-
cost transportation.''
    NHTSA received one comment on Aprilia's application, from Peugeot 
Motocycles of France, which supported it.
    In order to grant Aprilia's application, NHTSA must find that an 
exemption is consistent with the public interest and motor vehicle 
safety (49 U.S.C. Sec. 30113(b)(3)(A)), and that compliance with the 
brake control location requirement of Standard No. 123 would prevent 
Aprilia from selling a motorcycle with an overall safety level at least 
equal to the safety level of a nonexempt motorcycle (49 U.S.C. Sec. 
30113(b)(3)(B)(iv)).
    Aprilia has correctly identified NHTSA's principal area of concern: 
the standardization of motorcycle controls. In adopting Standard No. 
123 in April 1972, effective September 1, 1974, the agency justified 
standardization of motorcycle controls as a means of minimizing 
operator error in responding to the motoring environment, saying that 
``a cyclist, especially the novice and the cyclist who has changed from 
one make of machine to another, must not hesitate when confronted with 
an emergency'' (37 FR 7207).
    Accordingly, after the close of the comment period, we asked 
Aprilia to comment on our concern that a left hand lever-operated rear 
brake may contribute to unfamiliarity and thus degrade a rider's 
overall braking reaction beyond what would exist on a motorcycle with 
conventionally configured controls. At the request of Aprilia's U.S. 
sales subsidiary, Aprilia U.S.A. Inc. of Woodstock, Georgia, Carter 
Engineering of Franklin, Tennessee, prepared a report on ``Motorscooter 
Braking Control Study'' (Report No. CE-99-APR-05, May 1999) comparing 
braking response times of riders using the left hand control of the 
Leonardo 150 and the right foot control of the Yamaha XC-125 Riva. We 
have placed a copy of this report in the docket. Aprilia U.S.A. 
comments that ``[o]verall, the test subjects'' reaction times on the 
Leonardo were approximately 20% quicker than their reaction times on 
the conventional motorcycle.'' Aprilia believes that ``a less complex 
braking arrangement like that of the Leonardo will improve rider 
reaction in an emergency situation.'' We interpret the report as 
indicating that a Leonardo rider's braking response is not likely to be 
degraded by the different placement of the brake controls, thus 
directly addressing and meeting our safety concern.
    With respect to the public interest and consistency with objectives 
of motor vehicle safety, the available information suggests that 
Aprilia's request to operate the rear brake with the left hand instead 
of the right foot may not degrade the rider's braking response. By 
allowing exempted vehicles to be sold on a temporary basis for two 
years, it will be possible for us to gather data on operators' 
experience with this alternative rear brake control. This information 
would allow us to make a more informed decision about locations for 
motorcycle brake controls.
    In consideration of the foregoing, it is hereby found that to 
require compliance with Standard No. 123 would prevent the manufacturer 
from selling a motor vehicle with an overall level of safety at least 
equal to the overall safety level of nonexempt vehicles. It is further 
found that a temporary exemption is in the public interest and 
consistent with the objectives of motor vehicle safety. Accordingly, 
Aprilia, S.p.A. is hereby granted NHTSA Temporary Exemption No. EX99-9 
from the requirement of Item 11, Column 2, Table 1 of 49 CFR 571.123 
Standard No. 123, Motorcycle Controls and Displays, that the rear wheel 
brakes be operable through the right foot control. This exemption 
applies only to the Leonardo 150 and will expire on July 1, 2001. 49 
U.S.C. 30113; delegation of authority at 49 CFR 1.50).

    Issued on: August 9, 1999.
Ricardo Martinez,
Administrator.
[FR Doc. 99-20951 Filed 8-12-99; 8:45 am]
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