[Federal Register Volume 66, Number 148 (Wednesday, August 1, 2001)]
[Notices]
[Page 39825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19188]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 01-10257; Notice 1]


Aprilia, SpA; Receipt of Application for Temporary Exemption From 
Federal Motor Vehicle Safety Standard No. 123

    Aprilia SpA of Noale, Italy, has applied for a temporary exemption 
of its Habana 150 motor scooter, for 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 level of safety at least equal 
to the overall safety level of nonexempt vehicles,'' 49 U.S.C. 
30113(b)(3)(iv).
    This notice of receipt of an application is published in accordance 
with the requirements of 49 U.S.C. 30113(b)(2) and does not represent 
any judgment of the agency on the merits of the application.
    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). Aprilia would like to use the left handlebar 
as the control for the rear brakes of its Habana 150 motorcycle, whose 
150 cc engine produces more than the 5 hp maximum that separates motor 
driven cycles from motorcycles. According to Aprilia, ``the Habana 
frame has not been designed to mount a right foot operated brake pedal. 
Applying considerable stress to this sensitive pressure point of the 
frame could cause failure due to fatigue unless proper design and 
testing procedures are performed.'' The Habana 150 is described as a 
``retro-style'' cruiser scooter, as contrasted with the Aprilia 
Leonardo 150 sport scooter and the Scarebo 150 touring scooter which we 
have previously exempted from compliance with the rear brake location 
requirement of Standard No. 123(see 64 FR 44264 and 65 FR 1225). Absent 
an exemption, Aprilia will be unable to sell the Habana 150 in the 
United States because the vehicle would not fully comply with Standard 
No. 123. It has requested an exemption for two years.
    Aprilia argues that the overall level of safety of the Habana 150 
equals or exceeds that of a non-exempted motor vehicle for the 
following reasons. The Habana 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 Habana 150 can be 
operated without requiring special training or practice.
    Admitting that ``the foot can apply more force than the hand,'' 
Aprilia believes that this is not important with respect to operation 
of the Habana 150 because ``even the smallest rider can apply more than 
enough brake actuation force.'' The petitioner cites tests performed by 
Carter Engineering on a similar Aprilia scooter to support its 
statement that ``a motor vehicle with a hand-operated rear wheel brake 
provides a greater overall level of safety than a nonexempt vehicle.'' 
See materials in Docket No. NHTSA 98-4357. According to Aprilia, a rear 
wheel hand brake control allows riders to brake more quickly and 
securely, it takes a longer time for a rider to find and place his foot 
over the pedal and apply force than it does for a rider to reach and 
squeeze the hand lever, and there is a reduced probability of 
inadvertent wheel locking in an emergency braking situation. Aprilia 
has provided copies of its own recent test reports on the Habana, dated 
March 1, 2001, and May 1, 2001, which have been placed in the docket.
    Aprilia also points 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 in the public interest because the Habana 150 
is intended for low-speed urban use, and ``it is expected that it will 
be used predominantly in congested traffic areas.'' Further, the design 
of the vehicle has been tested by long use around the world, and 
``neither consumer groups nor government authorities have raised safety 
concerns about this design.'' For this reason, Aprilia argues that an 
exemption would also be consistent with the objectives of motor vehicle 
safety.
    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: August 31, 2001.

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

    Issued on July 27, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-19188 Filed 7-31-01; 8:45 am]
BILLING CODE 4910-59-P