[Federal Register Volume 66, Number 229 (Wednesday, November 28, 2001)]
[Notices]
[Pages 59519-59521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29515]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 01-10257; Notice 2]


Aprilia, S.p.A.; American Honda Motor Co., Inc.; Grant of 
Applications for Temporary Exemption and Request for Extension of 
Temporary Exemption From Federal Motor Vehicle Safety Standard No. 123

    This notice grants the applications by Aprilia S.p.A. of Noale, 
Italy, and by American Honda Motor Co. of Torrance, California 
(``Honda''), 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. This notice also grants Aprilia's 
request for an extension of NHTSA Temporary Exemption No. EX99-9 from 
the same requirement. Both Aprilia and Honda assert 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. Sec. 30113(b)(3)(iv).
    Notice of receipt of Aprilia's application for a temporary 
exemption of its Habana 150 model was published in the Federal Register 
on August 1, 2001, and an opportunity afforded for comment (66 FR 
39825). Because the safety issues raised by the Honda petition and 
Aprilia extension request are identical to those raised by Aprilia's 
Habana 150 petition, and given the recent opportunity for public 
comment, we have concluded that a further opportunity to comment on the 
same issues is not likely to result in any substantive submissions, and 
that we may proceed to decisions on the Honda petition and Aprilia 
extension request. See our similar decision on Aprilia's previous 
request for an extension of NHTSA Temporary Exemption No. EX99-9 (65 FR 
1225). See also our decisions on applications by Dan Hill & Associates 
and Red River Manufacturing, Inc., for temporary exemptions from 
Standard No. 224(66 FR 20028).

The Reason Why Aprilia and Honda Need a Temporary Exemption

    The problem is one that is common to the two Aprilia motorcycles 
and the one Honda motorcycle covered by the applications. 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, although the left handlebar is permissible for motor driven 
cycles (Item 11, Table 1). Aprilia petitioned 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 (i.e, 
a scooter-type vehicle provides a platform for the feet and operates 
only through hand controls). 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

[[Page 59520]]

150 sport scooter and the Scarabeo 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).
    Honda has made a similar petition on behalf of its FJS600 motor 
scooter. Aprilia has also requested that the temporary exemption for 
its Scarabeo 150 (65 FR 1225) be extended from December 1, 2001, until 
October 1, 2002 on the basis that it did not begin importation of the 
Scarabeo 150 until October 2000.
    Absent an exemption, Aprilia and Honda will be unable to sell the 
Habana 150, Scarabeo 150, and the FJS 600 because the vehicles would 
not fully comply with Standard No. 123.

Arguments Why the Overall Level of Safety of the Vehicles to Be 
Exempted Equals or Exceeds that of Non-exempted Vehicles

    Aprilia and Honda have argued that the overall level of safety of 
the Habana 150 and Scarabeo 150, and FJS 600, respectively, equals or 
exceeds that of a non-exempted motor vehicle for the following reasons. 
All three vehicles are 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, as Aprilia argued, concluding that the vehicles 
can be operated without requiring special training or practice.
    Although admitting that ``the foot can apply more force than the 
hand,'' Aprilia argues 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.'' Aprilia cited 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.
    Honda informs us that ``the FJS600 can easily meet the braking 
performance requirements of both [Federal Motor Vehicle Safety] 
Standard 122 and ECE 78,'' and, therefore, that ``This braking system 
provides the FJS600 with an overall safety level exceeding * * * 
nonexempted vehicles.''

Arguments Why an Exemption Would Be in the Public Interest and 
Consistent With the Objectives of Motor Vehicle Safety

    In Aprilia's view, 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. Similar arguments are made in 
support of an extension of the exemption for its Scarabeo 150.
    In support of its petition, Honda reiterates its certainty ``that 
the level of safety of the FJS600 is equal to similar vehicles 
certified under Standard No. 123.''

NHTSA's Decisions on the Applications and Request

    We received one comment on Aprilia's petition, from Jeff Saunders 
of Palo Alto, California. Mr. Saunders supported granting the petition.
    It is evident that, until such time as Standard No. 123 is amended 
to extend the left handlebar brake control option to motorcycles with 
more than 5 hp, Aprilia and Honda will be unable to sell their Habana 
150, Scarabeo 150, and FSJ600 motorcycles if they do not receive a 
temporary exemption from the requirement that the right foot pedal 
operate the brake control. It is also evident from the previous grants 
of similar petitions by Aprilia, Honda, and others, that we have 
repeatedly found that the motorcycles exempted from the brake control 
location requirement of Standard No. 123 have an overall level of 
safety that equals or exceeds that of nonexempted motorcycles. Although 
the Honda FJS600, equipped with a 600cc engine, would be the most 
powerful scooter-type vehicle exempted to date, we do not believe that 
this fact alone is relevant to brake control location.
    Aprilia's argument that an exemption for the Habana 150 would be in 
the public interest because of its probable use in congested urban 
areas is equally applicable to the Scarabeo 150, as is its arguments 
that use of such vehicles worldwide has raised no vehicle safety issues 
related to location of brake controls. While Honda did not make a 
public interest argument per se, reiterating only its belief that 
overall the FJS600 is as safe as a conforming motorcycle, we note that 
its last previous request for exemption from Standard No. 123, for its 
NSS250 motor scooter, was supported by approximately 40 commenters (See 
66 FR 69130). This indicates a great public interest in scooter-type 
vehicles and a belief of the commenters that such vehicles have a place 
in the nation's overall private-vehicle transportation fleet.
    In consideration of the foregoing, we hereby find that Aprilia and 
Honda have met their burden of persuasion that to require compliance 
with Standard No. 123 would prevent these manufacturers from selling a 
motor vehicle with an overall level of safety at least equal to the 
overall safety level of nonexempt vehicles. We further find that a 
temporary exemption is in the public interest and consistent with the 
objectives of motor vehicle safety. Therefore:
    1. Aprilia SpA is hereby granted NHTSA Temporary Exemption No. 
EX2001-7 from the requirements 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 Habana 150 model, and will expire on 
November 1, 2003.
    2. Honda Motor Co. Ltd. is hereby granted NHTSA Temporary Exemption 
No. EX2001-8 from the requirements of item 11,column 2, table 1 of 49 
CFR 571.123 Standard No. 123 Motorcycle Controls and Displays, that the 
rear brakes be operable through the right foot control. This exemption 
applies only to the FJS600 model, and will expire on November 1, 2003.
    3. The expiration date of NHTSA Temporary Exemption No. EX99-9 is 
hereby extended from December 1, 2001 to October 1, 2002.
    (49 U.S.C. 30113; delegation of authority at 49 CFR 1.50).


[[Page 59521]]


    Issued on November 20, 2001.
Jeffrey W. Runge,
Administrator.
[FR Doc. 01-29515 Filed 11-27-01; 8:45 am]
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