[Federal Register Volume 68, Number 5 (Wednesday, January 8, 2003)]
[Notices]
[Page 1076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-356]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 03-14196]


Grant of Application of Suzuki Motor Corp. for Temporary 
Exemption From Federal Motor Vehicle Safety Standard No. 123

    This notice grants the application by Suzuki Motor Corporation of 
Japan (submitted by American Suzuki Motor Corporation) for a temporary 
exemption of two years for its AN 400 scooter, from a requirement of 
S5.2.1 (Table 1) of Federal Motor Vehicle Safety Standard No. 123 
Motorcycle Controls and Displays. The applicant asserts that 
Acompliance 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).
    The safety issues raised by this petition are identical to those 
raised in previous petitions by Suzuki and other manufacturers. 
Further, given the opportunity for public comment on these issues in 
the years 1998-2001 (which resulted only in comments in support of the 
petitions), 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 a decision on this petition. See, e.g., 
Aprilia and Honda (66 FR 59519) and Aprilia (65 FR 1225).

The Reason Why the Applicant Needs a Temporary Exemption

    The problem is one that is common to the motorcycles 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). Motor-driven cycles are 
motorcycles with motors that produce 5 brake horsepower or less. Suzuki 
petitioned to use the left handlebar as the control for the rear brakes 
of certain of their motorcycles whose engines produce more than 5 brake 
horsepower. The frame of each of these motorcycles has not been 
designed to mount a right foot operated brake pedal (i.e, these 
scooter-type vehicles which provide a platform for the feet and operate 
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.
    Absent an exemption, the manufacturer will be unable to sell the AN 
400 because the vehicle would not fully comply with Standard No. 123.

Arguments Why the Overall Level of Safety of the Vehicle to be Exempted 
Equals or Exceeds That of Non-Exempted Vehicles

    As required by statute, the petitioner has argued that the overall 
level of safety of the AN 400 equals or exceeds that of a non-exempted 
motor vehicle, for the following reasons. The vehicle 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, and the vehicle can be 
operated without requiring special training or practice.
    Suzuki informed us that its AN 400 ``can easily meet the braking 
performance requirements in FMVSS 122,'' and enclosed a test report 
dated August 26 and 27, 2002, in support.

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

    Suzuki argued that the level of safety of the AN 400 is at least 
equal to that of vehicles certified to meet Standard No. 123. In its 
opinion, scooters like the AN 400 ``are of interest to the public [as] 
evidenced by . . . the favorable public comment on [similar] exemption 
requests and the number of scooters sold under the granted 
exemptions.''

NHTSA's Decision on the Application

    It is evident that, unless Standard No. 123 is amended to permit or 
require the left handlebar brake control on motorscooters with more 
than 5 hp, the petitioner will be unable to sell its AN 400 if it does 
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 Suzuki, 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.
    Suzuki's argument that an exemption would be in the public interest 
because of the comments in support of previous exemption requests for 
similar scooter-type vehicles is a valid one, absent any data 
indicating that the overall level of safety is not at least equal to 
that of complying vehicles.
    In consideration of the foregoing, we hereby find that the 
petitioner has met their burden of persuasion that to require 
compliance with Standard No. 123 would prevent it 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, Suzuki Motor Corporation is hereby 
granted NHTSA Temporary Exemption No. EX02-3 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 
Suzuki AN 400, and will expire on December 1, 2004.

(49 U.S.C. 30113; delegation of authority at 49 CFR 1.50).

    Issued on January 2, 2003.
Jeffrey W. Runge,
Administrator.
[FR Doc. 03-356 Filed 1-7-03; 8:45 am]
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