[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Notices]
[Pages 28771-28772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13130]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2001-8809; Notice 2 EGO Vehicles Inc.]


Grant of Application for Temporary Exemption From Federal Motor 
Vehicle Safety Standards Nos. 119 and 120

    EGO Vehicles Inc.(``Ego''), a Delaware corporation located in 
Fairhope, Alabama, through counsel in San Francisco, California, has 
applied for a temporary exemption of its ``eGO'' motor driven cycle 
from Federal Motor Vehicle Safety Standards Nos. 119, New Pneumatic 
Tires for Vehicles Other Than Passenger Cars, and No. 120, Tire 
Selection and Rims for Motor Vehicles Other Than Passenger Cars. The 
basis of the application is that an exemption would make easier the 
development or field evaluation of a low-emission motor vehicle and 
would not unreasonably lower the safety level of the vehicle.
    Notice of receipt of the application was published on February 13, 
2001, and an opportunity afforded for comment (66 FR 10051).
    EGO seeks an exemption of two years from the requirements of 
Standards Nos. 119 and 120. Standard No. 119 establishes performance 
and endurance, marking, and treadwear indicators for motorcycle tires. 
Standard No. 120 establishes requirements for DOT-certified rims of 
certain sizes to ensure compatibility with DOT-certified tires of

[[Page 28772]]

the same sizes. The eGO vehicle is not a motorcycle of conventional 
configuration, having a ``chassis design * * * similar to that of a 
large scooter, but it has handlebars, a seat and other components that 
make it more similar in appearance and operation to a bicycle.'' The 
eGO is powered by a single electric motor producing less than 2 
horsepower, and is therefore a ``motor driven cycle,'' a subcategory of 
motorcycle under NHTSA definitions and regulations. The speed of the 
eGO ``is limited by its controller and drivetrain configuration to less 
than 20 miles per hour.''
    EGO states that it has located ``many high-performance bicycle rims 
and tires,'' but that ``none of the manufacturers of these components 
has certified these products as compliant with FMVSS 119 or 120.'' The 
most similar components that EGO has located are moped tires and rims. 
However, the ``performance capabilities of these tires and rims are 
excessive given the low weight, low speed, and limited range of the 
eGO. Further, the dimensions of these products are not compatible with 
the eGO's chassis design or braking system * * *.''
    EGO deems its only alternative to develop a specific tire and rim 
combination. However, testing ``would be an extremely high cost to bear 
for a manufacturer of a new and innovative low-emission vehicle that is 
still at an early stage of its product life.'' EGO argues that 
``amortizing the cost of testing over the limited number of vehicles 
sold would significantly increase the cost of this low-emission 
vehicle, reducing the market for the product and Petitioner's ability 
to evaluate its performance and market potential.''
    In EGO's opinion, an exemption would not unreasonably degrade the 
safety of the vehicle ``because Petitioner has selected the eGO's rims 
and tires based on stringent design criteria, considering the operating 
environment, gross vehicular weight, and top speed of the vehicle.'' 
Standard No. 119 ``seems especially inappropriate because the eGO 
cannot, by design, operate continuously for longer than approximately 
75 minutes, or be propelled at a speed greater than 20 mph.'' The 
endurance test (S6.1) ``simulates conditions that would never be 
encountered by the operator of the vehicle simply by nature of the 
vehicle's design and performance restraints.'' The purpose of Standard 
No. 120, in EGO's view ``is to assure that a consumer will be able to 
purchase a tire that fits a given rim, and that any tire purchased in a 
given size will fit a rim of that size.'' The petitioner believes it 
has achieved that purpose in the tires and rims it has selected for the 
eGO, and it will encourage owners ``to use the replacement rims that we 
specify in the documentation provided with the vehicle.''
    According to EGO, an exemption would be in the public interest as 
supporting an innovative low-cost, low-emission means of 
transportation. An exemption would be consistent with the objectives of 
traffic safety because the petitioner intends to comply with the 
regulations that the Consumer Product Safety Commission has promulgated 
for bicycles. The petitioner also points out that no tire and rim 
requirements are imposed by Standard No. 500, Low-speed Vehicles, on 
passenger-carrying vehicles with a slightly higher maximum speed (20 to 
25 mph).
    We received no comments on EGO's petition.
    In order to grant the petitioner's request, NHTSA must find that 
``an exemption would make easier the development or field evaluation 
of'' the eGO, and that the exemption ``would not unreasonably lower the 
safety level of the vehicle.''
    The eGO is represented to be more like a bicycle than a motor 
driven cycle and that the most similar components that it has 
discovered are moped tires and rims. However, EGO has concluded that 
the dimensions of moped tires and rims are not compatible with the 
eGO's chassis design or braking system. In view of the fact that 
Standards Nos. 119 and 120 do not prescribe requirements for bicycle-
like tires and rims, and that those that are available are not 
compatible, we believe that the petitioner has sustained the argument 
that an exemption from these requirements would make easier the 
development and field evaluation of the vehicle.
    Given the fact that the maximum speed of the eGO is 20 mph or less, 
the vehicle is intended to be operated in urban and suburban 
environments and not on freeways or expressways. Thus, the tires are 
not likely to be subject to the same stresses as those manufactured for 
use on higher-speed vehicles. Further, an exemption from Standard No. 
119 is also an exemption from Standard No. 120 which applies to 
vehicles equipped with pneumatic tires for highway service and requires 
them, in pertinent part, to be equipped with tires that meet Standard 
No. 119.
    It is in the public interest to promote the use of low-emission 
vehicles, particularly in crowded urban environments. It is anticipated 
that the eGO will be certified to comply with all other Federal motor 
vehicle safety standards that apply to motor-driven cycles.
    In consideration of the foregoing, it is hereby found that EGO 
Vehicles, Inc., has met its burden of persuasion that an exemption 
would make easier the development or field evaluation of a low-emission 
motor vehicle and would not unreasonably lower the safety level of the 
vehicle. It is further found that an exemption is in the public 
interest and consistent with the objectives of motor vehicle safety. 
Accordingly, EGO Vehicles Inc. is hereby granted NHTSA Temporary 
Exemption No. 2001-2 from 49 CFR 571.119 Standard No. 119, New 
Pneumatic Tires for Vehicles Other Than Passenger Cars, and 49 CFR 
571.120 Standard No. 120, Tire Selection and Rims for Motor Vehicles 
Other Than Passenger Cars. The temporary exemption expires April 1, 
2003.
    (49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 
501.8)

    Issued on May 18, 2001.
L. Robert Shelton,
Executive Director.
[FR Doc. 01-13130 Filed 5-23-01; 8:45 am]
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