[Federal Register Volume 66, Number 77 (Friday, April 20, 2001)]
[Notices]
[Page 20349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9840]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-9430; Notice 1]


Bajaj Auto, Ltd.; Receipt of Application for Temporary Exemption 
From Federal Motor Vehicle Safety Standard No. 123

    Bajaj Auto, Ltd., an Indian corporation, through Rex Products, Inc. 
of South San Francisco, CA, dba Bajaj USA, 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. 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.
    Bajaj has applied on behalf of its Saffire motor scooters 
(``scooters'') with automatic clutches. The scooters are defined as 
``motorcycles'' for purposes of compliance with the Federal motor 
vehicle safety standards. According to Bajaj, the Saffire has a 90cc 
engine and a top speed of 60 km/h.
    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). Bajaj would like to use the left handlebar 
for the rear brake control for the scooters. Standard No. 123 specifies 
the left handlebar as the location for the manual clutch or integrated 
clutch and gear change, but there is no clutch on the automatic 
scooters.
    Bajaj 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. Although ``it is true 
that the human foot can apply much more force than can the hand, the 
foot is much less sensitive to travel distance. With the lever/cable 
operated brake system used on the Saffire, there is more than enough 
brake actuation force available to the hand of even the smallest 
rider.''
    Bajaj intends to begin sales in the United States ``for market 
testing purposes during the 2001 sales year'' and would like to include 
the Saffire in its product line; without an exemption it would be 
unable to do so.
    Bajaj 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 is intended for low-speed urban use, in ``congested 
traffic conditions,'' and ``has been tested by long use in India and 
the rest of the world.'' The petitioner states that ``neither consumer 
groups nor governmental authorities have raised any safety concerns as 
a result of this design.'' The scooter provides ``environmentally clean 
and fuel efficient * * * urban transportation.'' Specifically, ``the 
exhaust, crankcase, and evaporative emissions of the motor scooter's 
very small engine have been demonstrated to be lower than alternative 
means of transportation such as large motorcycles.'' If the exemption 
is granted, ``the American consumer will be provided with a broader 
range of choice of low-cost, efficient, transportation.''
    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 a.m. until 5 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: May 21, 2001.

(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 
501.8)

    Issued on April 17, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-9840 Filed 4-19-01; 8:45 am]
BILLING CODE 4910-59-P