[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Notices]
[Pages 55079-55080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24147]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 03-16170]


Grant of Application of Motive Power Industry Co., Ltd. for 
Temporary Exemption from Federal Motor Vehicle Safety Standard No. 123

    This notice grants the application by Motive Power Industry Co., 
Ltd., (``Motive Power'') of Chang-Hwa Hsien, Taiwan, R.O.C., for a 
temporary exemption from a requirement of S5.2.1 (Table 1) of Federal 
Motor Vehicle Safety Standard (FMVSS) No. 123 Motorcycle Controls and 
Displays. Motive Power asserted 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).
    Given that NHTSA has provided the opportunity for public comment on 
a number of petitions by manufacturers of similar vehicles 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 as those earlier petitions is not likely to result in 
any substantive submissions, and that we may proceed to a decision on 
this petition. See, e.g., the grant of applications by five motorcycle 
manufacturers (67 FR 62850).

The Reason Why the Applicant Needs a Temporary Exemption

    Through its designated agent and United States Distributor, 
Cosmopolitan Motors Inc. of Hatboro, Pa., Motive Power has applied for 
an exemption for three models ``of scooter configuration,'' identified 
as the My BuBu 100: P100DA; My BuBu 125: PA125DA; and T-Rex 150: CP 
150D. These motor vehicles are defined as ``motorcycles'' (49 CFR 
571.3(b)) and must comply with all FMVSS that apply to motorcycles, 
including FMVSS No. 123.
    If a motorcycle is produced with rear wheel brakes, S5.2.1 of FMVSS 
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. Motive Power petitioned 
to use the left handlebar as the control for the rear brakes of three 
of its motorcycles whose engines produce more than 5 brake horsepower. 
It describes the vehicles as incorporating ``a typical step-through 
``scooter'' floorboard platform without the conventional stationary 
frame mounted motorcycle foot pegs.'' This configuration does not 
incorporate ``and would not support a brake pedal, the pedal pivot, 
hydraulic components or cable linkage and stresses associated with a 
foot actuated rear brake control.'' Redesigning the scooters to comply 
with the rear brake control location requirement would destroy their 
appeal, in Motive Power's opinion, ``making them non-competitive in any 
market.'' Absent an exemption from FMVSS No. 123, therefore, Motive 
Power asserted that it will be unable to sell in the United States the 
scooter models named above.

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, Motive Power has argued that the overall 
level of safety of the motorcycles covered by its petition is at least 
equal to that of a non-exempted motor vehicle for the following 
reasons. The three scooter models covered by the petition are equipped 
with automatic transmissions and have the rear brake control located on 
the left handlebar, ``as is typical for scooters extensively used 
throughout the world.'' According to Motive Power, the location of all 
controls is identifiable and accessible, and eliminating the left hand 
operated clutch lever, the left foot operated gearshift lever and the 
right foot operated rear brake control ``results in greatly simplified 
operation.''
    In addition, Motive Power represented that these models meet the 
brake stopping distance requirements of FMVSS No. 122, Motorcycle Brake 
Systems, and enclosed copies of tests, which have been placed in the 
docket with the petition.

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

    Motive Power argued that ``scooters like these are of significant 
and growing interest to the public,'' as evidenced by the number of 
exemption petitions NHTSA has received and granted for this type of 
vehicle.

NHTSA's Decision on the Application.

    It is evident that, unless FMVSS No. 123 is amended to permit or 
require the left handlebar brake control on motor scooters with more 
than 5 hp, Motive Power will be unable to sell its motor scooters in 
the United States if it does not receive a temporary exemption from

[[Page 55080]]

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 FMVSS No. 123 have an overall level of 
safety at least equal to that of nonexempted motorcycles.
    In consideration of the foregoing, we hereby find that the 
petitioner has met its burden of persuasion that to require compliance 
with FMVSS 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, Motive Power Industry Co., Ltd. is hereby granted 
NHTSA Temporary Exemption No. EX03-4 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 following Motive 
Power models: My BuBu 100: P100DA; My BuBu 125: PA125DA; and T-Rex 150: 
CP 150D. The exemption will expire on August 1, 2005.
    (49 U.S.C. 30113; delegation of authority at 49 CFR 1.50).

    Issued on September 17, 2003.
Jeffrey W. Runge,
Administrator.
[FR Doc. 03-24147 Filed 9-18-03; 12:01 pm]
BILLING CODE 4910-59-P