[Federal Register Volume 68, Number 61 (Monday, March 31, 2003)]
[Notices]
[Pages 15552-15553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7654]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 03-14758]


Grant of Applications of Two Motorcycle Manufacturers for 
Temporary Exemption From Federal Motor Vehicle Safety Standard No. 123

    This notice grants the applications by two motorcycle manufacturers 
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 applicants 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. 30113(b)(3)(iv).
    The manufacturers who have applied for a temporary exemption are 
Malaguti USA, Miami, Florida, on behalf of Malaguti S.p.A. of Bologna, 
Italy, and Yamaha Motor Corporation USA of Cypress, California. 
Malaguti's petition covers four vehicles it describes as ``motor 
scooters:'' the Phantom 200cc, the Madison 200cc and 400cc, and the B-2 
500cc. Yamaha seeks relief for its Vino 125 (125cc) machine.
    Because the safety issues are identical we have decided to address 
both the petitions in a single notice. Further, given the opportunity 
for public comment on these issues in the years 1998-2002 (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 decisions on these petitions. See, e.g., most recently the 
grant of applications by five motorcycle manufacturers (67 FR 62850).

The Reason Why the Applicants Need 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. 
Malaguti and Yamaha 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 manufacturers will be unable to sell the 
motorcycle models named above 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

    As required by statute, the petitioners have argued that the 
overall level of safety of the motorcycles covered by their petitions 
equals or exceeds that of a non-exempted motor vehicle for the 
following reasons. All vehicles for which petitions have been submitted 
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, and the vehicles

[[Page 15553]]

can be operated without requiring special training or practice.
    Malaguti stated that it has ``independent U.S. lab test data by an 
NHTSA approved lab as well as European Union TUV testing, and Malaguti 
factory testing data proving that the phantom 200cc, Madison 200cc, 
Madison 400cc, and B-2 500cc motor scooters exceed the requirements in 
FMVSS No. 123.'' It asserted that all four models ``meet the braking 
requirements of ECE 93/14 as well.''
    Yamaha identified itself as ``the importer and distributor of 
Yamaha brand motor vehicles produced by a host of Yamaha affiliates 
throughout the world.''

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

    In Malaguti's opinion, its scooters provide a ``much more natural 
braking response by the rider than non-exempted vehicles.'' The 
exemption would also be in the public interest ``because Malaguti is 
promoting environmentally clean and efficient urban transportation.''
    Yamaha simply concludes that its ``request is consistent with the 
intent of the National Traffic and Motor Vehicle Safety Act.''

NHTSA's Decisions on the Applications and Request

    It is evident that, unless Standard No. 123 is amended to permit or 
require the left handlebar brake control on motor scooters with more 
than 5 hp, the petitioners will be unable to sell their 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 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.
    Malaguti's public interest and safety arguments are similar to 
those of other petitioners, which we have found sufficient, regarding 
braking response and the effect of an exemption in enhancing the 
environment and urban transportation. We note that Yamaha made no 
public interest argument or provided support for its conclusion that an 
exemption would be consistent with the purposes of the Vehicle Safety 
Act. However, the exemption requested is not one of first impression, 
and the arguments of other petitioners support public interest and 
safety findings applicable to the Yamaha Vino as well.
    In consideration of the foregoing, we hereby find that the 
petitioners 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. Malaguti S.p.A. is hereby granted NHTSA Temporary Exemption No. 
EX03-1 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 covers only the Phantom 200cc, Madison 200cc, Madison 400cc, 
and B-2 500cc models and expires on March 1, 2005.
    2. Yamaha Motor Corporation USA is hereby granted NHTSA Temporary 
Exemption No. EX03-2 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 covers only the Vino 125 model and expires on March 1, 
2005.

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

    Issued on March 26, 2003.
Jeffrey W. Runge,
Administrator.
[FR Doc. 03-7654 Filed 3-28-03; 8:45 am]
BILLING CODE 4910-59-P