[Federal Register Volume 64, Number 163 (Tuesday, August 24, 1999)]
[Notices]
[Page 46225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21930]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA 99-6093; Notice 1]


Italjet S.p.A.; Receipt of Application for Temporary Exemption 
From Federal Motor Vehicle Safety Standard No. 123

    Italjet S.p.A., an Italian corporation, through Italjet USA 
(``Italjet'') of New York City, NY, has applied for a temporary 
exemption of two years 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 is that ``compliance with the 
standard would prevent the manufacturer from selling a motor vehicle 
with an overall safety level at least equal to the overall safety level 
of nonexempt vehicles,'' 49 U.S.C. Sec. 30113(b)(3)(B)(iv).
    We are publishing this notice of receipt of an application in 
accordance with the requirements of 49 U.S.C. 30113(b)(2). This action 
does not represent any judgment of the agency on the merits of the 
application.
    Italjet has applied on behalf of its Torpedo 125, Formula 125, 
Millenium 125, and Millenium 150 motor scooters (``scooters''). The 
scooters are defined as ``motorcycles'' for purposes of compliance with 
the Federal motor vehicle safety standards. According to Italjet, its 
scooters have a peak motor output of 26 hp and a top speed of 60 miles 
per hour.
    If a motorcycle is produced with rear wheel brakes, S5.2.1 of 
Standard No. 123 requires that the brakes be operable through the right 
foot control, though the left handlebar is permissible for motor driven 
cycles (Item 11, Table 1). Italjet would like to use the left handlebar 
as the control for the rear brakes of the scooters, whose peak motor 
output of 26 hp produces more than the 5 hp maximum that separates 
motor driven cycles from motorcycles. The gear ratio of the vehicle is 
fixed, and ``there is no need for the rider to shift gears, as on a 
standard motorcycle.'' Because of this, the scooters are ``equipped 
with neither a clutch nor a clutch lever, and the left hand of the 
rider is free to operate a brake lever.'' Italjet states that it 
prefers this design, given its focus on European and Asian markets 
``where rear brake controls for scooters of all horsepower ratings are 
typically mounted on the left handlebar.''
    Italjet argues that the overall level of safety of the scooters 
equals or exceeds that of a motorcycle that complies with the brake 
control location requirement of Standard No. 123. It believes that 
``the prevalence of the left hand operated design in Europe and Asia is 
one strong indicator that a vehicle designed in this way can be 
operated safely.'' It believes that ``vehicle safety might be somewhat 
enhanced with the left hand brake lever, as the hand (bare or gloved) 
is generally more capable of sensitive modulation of the braking force 
than the foot.''
    Italjet intends to field test a small number of the scooters in the 
American market in Fall 1999 to assess the design, and without an 
exemption it would be unable to do so. It wishes to consider whether 
the United States' scooter market offers sufficient sales potential to 
justify the creation of a design specifically for the United States 
that incorporates the right foot brake pedal. Alternatively, it may 
petition for rulemaking to amend Standard No. 123 to allow the hand-
operated brake control on motorcycles with more than 5 hp.
    Italjet anticipates sales of not more than 2500 scooters a year 
while an exemption is in effect. It believes that an exemption would be 
in the public interest and consistent with the objectives of traffic 
safety ``because it would maintain an acceptable level of safety while 
accelerating the advancement of an important new class of vehicles for 
use by consumers and businesses.''
    Interested persons are invited to submit comments on the 
application described above. Comments should refer to the docket number 
and the notice number, and be submitted to: Docket Management, Room PL-
401, 400 Seventh Street, SW, Washington, DC 20590. It is requested but 
not required that 10 copies be submitted.
    All comments received before the close of business on the comment 
closing date indicated below will be considered, and will be available 
for examination in the docket at the above address both before and 
after that date. The Docket Room is open from 10:00 a.m. until 5:00 
p.m. To the extent possible, comments filed after the closing date will 
also be considered.
    Notice of final action on the application will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: September 23, 1999.
    (49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 
501.8)

    Issued on August 13, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-21930 Filed 8-23-99; 8:45 am]
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