[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Notices]
[Pages 12039-12041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4754]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-20569]


Receipt of Applications for Temporary Exemption From a Federal 
Motor Vehicle Safety Standard

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of receipt of applications for temporary exemptions from 
a Federal motor vehicle safety standard; request for comments.

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SUMMARY: We have received applications from two motorcycle 
manufacturers (Bajaj and Piaggio) for temporary exemptions from a 
provision in the Federal motor vehicle safety standard on motorcycle 
controls and displays specifying that a motorcycle rear brake, if 
provided, must be controlled by a right foot control. The manufacturers 
ask that we permit the left handlebar as an alternative location for 
the rear brake control. Each manufacturer states its belief 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.''
    We are publishing this notice of receipt of the applications in 
accordance with our regulations on the subject, and ask for public 
comment on each application. This publication does not mean that we 
have made a judgment yet about the merits of the applications.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them not later than April 11, 2005.

ADDRESSES: You may submit your comments [identified by the DOT DMS 
Docket Number cited in the heading of this document] by any of the 
following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    You may call the Docket at 202-366-9324. You may visit the Docket 
from 10 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr. 
Michael Pyne, Office of Crash Avoidance Standards at (202) 366-4171. 
His FAX number is (202) 493-2739.
    For legal issues, you may call Ms. Dorothy Nakama, Office of the 
Chief Counsel at (202) 366-2992. Her FAX number is (202) 366-3820.
    You may send mail to these officials at National Highway Traffic 
Safety Administration, 400 Seventh St., SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION

I. Background

    49 U.S.C. 30113(b) provides the Secretary of Transportation the 
authority to exempt, on a temporary basis, motor vehicles from a motor 
vehicle safety standard under certain circumstances. The exemption may 
be renewed, if the vehicle manufacturer reapplies. The Secretary has 
delegated the authority for Section 30113(b) to NHTSA.
    NHTSA has established regulations at 49 CFR part 555, Temporary 
Exemption from Motor Vehicle Safety and Bumper Standards. Part 555 
provides a means by which motor vehicle manufacturers may apply for 
temporary exemptions from the Federal motor vehicle safety standards on 
the basis of substantial economic hardship, facilitation of the 
development of new motor vehicle safety or low-emission engine 
features, or existence of an equivalent overall level of motor vehicle 
safety.
    Federal Motor Vehicle Safety Standard (FMVSS) No. 123, Motorcycle 
controls and displays (49 CFR 571.123) specifies requirements for the 
location, operation, identification, and illumination of motorcycle 
controls and displays, and requirements for motorcycle stands and 
footrests. Among other requirements, FMVSS No. 123 specifies that for 
motorcycles with rear wheel brakes, the rear wheel brakes must be 
operable through the right foot control, although the left handlebar is 
permissible for motor-driven cycles (See S5.2.1, and Table 1, Item 11). 
Motor-driven cycles are motorcycles with motors that produce 5 brake 
horsepower or less (See 49 CFR 571.3, Definitions.)
    On November 21, 2003, NHTSA published in the Federal Register (68 
FR 65667) a notice proposing two regulatory alternatives to amend FMVSS 
No. 123. Each alternative would require that for certain motorcycles 
without a clutch control lever, the rear brakes must be controlled by a 
lever located on the left handlebar. We also requested comment on 
industry practices and plans regarding controls for motorcycles with 
integrated brakes. If this proposed rule is made final, the left 
handlebar would be permitted as an alternative location for the rear 
brake control.

II. Applications for Temporary Exemption from FMVSS No. 123

    NHTSA has received applications for temporary exemption from S5.2.1 
and Table 1, Item 11 from two motorcycle manufacturers: Bajaj USA LLC 
(Bajaj); and Piaggio & C. S.p.A. and Piaggio USA, Inc (Piaggio). Bajaj 
asks for new temporary exemptions for the Reo 150-2 (150cc) (for Model 
Years (MYs) 2005 and 2006) and Reo 150-18 (150cc). Piaggio asks for new 
temporary exemptions for the Vespa LX (125 and 150 cc) (for MYs 2005-
2006), the Vespa GT250 (for MYs 2005-2006), the Piaggio FLY (125 and 
150 cc) (for MYs 2005-2006) and the Piaggio BV (250 and 500 cc) (for 
MYs 2005-2006). All of these motorcycles are considered ``motor 
scooters.''
    The safety issues are identical in the case of all of these 
motorcycles. Bajaj and Piaggio have applied to use the left handlebar 
as the location for the rear brake control on their motorcycles whose 
engines produce more than 5 brake horsepower (all of the motorcycles 
specified in the previous paragraph).

[[Page 12040]]

The frames of each of the motorcycles that are the subject of these 
applications for temporary exemptions have not been designed to mount a 
right foot operated brake pedal (i.e., these motor scooters have a 
platform for the feet and operate only through hand controls). Applying 
considerable stress to this sensitive pressure point of the motor 
scooter frame by putting on a foot operated brake control could cause 
failure due to fatigue, unless proper design and testing procedures are 
performed.

III. Why the Petitioners Claim the Overall Level of Safety of the 
Motorcycles Equals Or Exceeds That of Non-Exempted Motorcycles

    The applicants have argued that the overall level of safety of the 
motorcycles covered by their petitions equals or exceeds that of a non-
exempted motorcycle for the following reasons. Each manufacturer stated 
that motorcycles for which applications 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 can be operated without requiring special training or 
practice. Each manufacturer provided the following additional 
arguments:
    Bajaj--Bajaj gave the following reasons why the Reo motor scooters 
for which this exemption is sought provide an overall level of safety 
exceeding the overall level of safety of nonexempt vehicles. Bajaj 
stated that an important feature of any brake actuation system, lever 
or pedal is ``progressivity,'' i.e., the increase of brake actuation 
force with increasing actuator lever travel. Progressivity of 
application force is provided by the decrease in the lever ratio as the 
actuating lever rotates about its pivot and is essential to providing 
safe, repeatable, and easily interpreted feedback to the rider. 
Although the foot can apply much more force than can the hand, Bajaj 
notes that the foot is much less sensitive to travel distance. With the 
lever/cable operated brake system used on the Reo scooters, there is 
much more than enough brake actuation force available to the hand ``of 
even the smallest rider.'' For the rider to have the same perception of 
degree of brake lever actuation, and thus braking force with the foot 
pedal systems, much longer travel distances must be provided. Thus, 
lever ratios for hand levers and foot pedals must be identical.
    On a motorcycle's footrest, the brake pedal is positioned directly 
beneath the rider's braking foot. When braking, the rider simply lowers 
the braking foot forward without taking his foot off of the footrest. 
On a scooter, the brake pedal would be positioned projecting from the 
platform footrest, but the scooter rider places his feet randomly on 
the platform.
    When braking, the rider needs to lift his braking foot off the 
platform and place it on the scooter's brake pedal. This entails a 
fraction of time, but it is this fraction which may be crucial in 
avoiding a crash. Also, when the scooter rider places his foot on the 
brake pedal, there is no guarantee that he will place it correctly. 
Incorrect placement of the foot may cause the scooter rider's foot to 
slip off the brake pedal, making it difficult to brake completely and 
correctly, and risking an accident. Finally, the scooter rider, to 
ensure that he places his foot on the brake pedal, might even take his 
eyes off the road because of the somewhat awkward movement and 
insecurity which he senses. The use of the left handlebar for the 
control for the rear brake on scooters is simply more natural for the 
scooter rider and much more secure because the rider never takes his 
eyes off the road and is in a much more controlled position to avoid a 
possible crash.
    Bajaj also stated that an additional benefit is provided by the 
reduced probability of inadvertent wheel locking in an emergency 
braking situation that comes from increased sensitivity to brake 
feedback with the hand lever. Because of the necessarily greater 
physical size of a foot-powered brake pedal, mechanical efficiency is 
necessarily lower and inertia about the pivot is higher. This results 
in less effective feedback, or ``feeling'' of the actuation system. For 
the inexperienced rider especially, loss of control because of rear 
wheel locking is a common accident mode. The hand lever reduces the 
possibility of rear wheel locking.
    Piaggio--Piaggio stated that brake tests in accordance with FMVSS 
No. 122 Motorcycle brake systems, were conducted on all Vespa and 
Piaggio models and stated that all models ``easily exceed'' the 
performance requirements of FMVSS No. 122. Piaggio also stated that 
Vespa and Piaggio vehicles fully meet the 93/14 EEC brake testing 
requirements, and enclosed a copy of the brake testing report of the 
``Ministero dei Trasporti e della Navigazione'' Italy or TUV/VCA.
    Piaggio cited several reasons why it believes the left handlebar 
rear brake actuation force provides an overall level of safety that 
equals or exceeds a motorcycle with a right-foot rear brake control. 
Among these reasons, Piaggio cited the ``state of the art'' 
hydraulically activated front disc brakes used on Vespa and Piaggio 
vehicles, as providing more than enough brake actuation force available 
to the ``hand of even the smallest rider.'' Piaggio explained that 
because of the greater physical size of a foot-powered brake pedal, 
mechanical efficiency is lower and inertia about the pivot is higher. 
This results in less effective feedback, or what Piaggio describes as 
``feeling'' of the actuation system. Piaggio asserted that because 
there is more sensitivity to brake feedback from the hand lever, use of 
a hand lever reduces the probability of inadvertent wheel locking in an 
emergency braking situation. Piaggio stated that inexperienced riders 
may lose control of their motorcycle because of rear wheel locking, and 
that use of the hand lever reduces the possibility of rear wheel 
locking.

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

    Each manufacturer offered the following reasons why temporary 
exemptions for their motorcycles would be in the public interest and 
would be consistent with the objectives of motor vehicle safety:
    Piaggio--Piaggio stated that the motor scooters for which 
exemptions are being sought are ``safer in operation than non-exempt 
vehicles currently being operated in the United States and are intended 
for low speed urban use.'' Piaggio stated its expectation that its 
vehicles will mostly be used in congested traffic conditions. Piaggio 
further stated that since the scooters have been designed with rider 
ergonomics and safety as paramount design parameters, these scooters 
provide for a much more natural braking response by the rider than do 
non-exempt vehicles.
    Piaggio stated that granting their petition would serve the public 
interest because their motor scooters provide, in addition to enhanced 
safety, environmentally clean and fuel efficient, safe, convenient 
urban transportation. The exhaust, crankcase, and evaporative emissions 
of the motor scooter's very small engines have been demonstrated to be 
lower than alternative means of transportation such as large 
motorcycles. Piaggio concluded that the American consumer will be 
provided with a broader choice of low-cost, efficient, transportation 
by the introduction of the Piaggio motor scooters.
    Bajaj--Bajaj reiterated Piaggio's statement that the motor scooters 
for which the exemptions are being sought are ``safer in operation than 
non-exempt

[[Page 12041]]

vehicles currently being operated in the United States and are intended 
for low speed urban use.'' As did Piaggio, Bajaj stated its expectation 
that its scooters will mostly be used in congested traffic conditions. 
Bajaj further stated that since the scooters have been designed with 
rider ergonomics and safety as paramount design parameters, these 
scooters provide for a much more natural braking response by the rider 
than do non-exempt vehicles.
    As did Piaggio, Bajaj stated that granting this exemption would 
serve the public interest because ``these motor scooters provide, in 
addition to enhanced safety, environmentally clean and fuel efficient, 
safe, convenient urban transportation.'' Bajaj stated that the exhaust, 
crankcase, and evaporative emissions of these motor scooters' very 
small engines have demonstrated to be lower than alternative means of 
transportation such as large motorcycles. Bajaj concluded that the 
American consumer will be provided with a broader range of choice of 
low-cost, efficient, transportation by the introduction of their motor 
scooters.

V. Comments

How Do I Prepare and Submit Comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    You may also submit your comments to the docket electronically by 
logging onto the Dockets Management System Web site at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
instructions for filing the document electronically.

How Can I Be Sure That My Comments Were Received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How Do I Submit Confidential Business Information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR part 512.)

Will the Agency Consider Late Comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date.

How Can I Read the Comments Submitted by Other People?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location.
    You may also see the comments on the Internet. To read the comments 
on the Internet, take the following steps:
    1. Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov/).
    2. On that page, click on ``search.''
    3. On the next page (http://dms.dot.gov/search/), type in the four-
digit docket number shown at the beginning of this document. Example: 
If the docket number were ``NHTSA-1998-1234,'' you would type ``1234.'' 
After typing the docket number, click on ``search.''
    4. On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments. Although the comments are imaged documents, 
instead of word processing documents, the ``pdf'' versions of the 
documents are word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

How Does the Federal Privacy Act Apply to My Public Comments?

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; pages 19477-78) or you may visit 
http://dms.dot.gov.

    Authority: 49 U.S.C. Section 30113; delegations of authority at 
49 CFR 1.50 and 501.4.


    Issued on: March 4, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05-4754 Filed 3-9-05; 8:45 am]
BILLING CODE 4910-59-P