[Federal Register Volume 70, Number 54 (Tuesday, March 22, 2005)]
[Notices]
[Pages 14491-14492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5579]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2004-18745]


Grant of Application of American Suzuki Motorcycle Corporation 
for Renewals of Temporary Exemptions From Federal Motor Vehicle Safety 
Standard No. 123

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

ACTION: Grant of application for renewals of temporary exemptions from 
a Federal motor vehicle safety standard.

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SUMMARY: This notice grants the application by a motorcycle 
manufacturer, American Suzuki Motorcycle Corporation (Suzuki) for 
renewals of 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. We are permitting Suzuki to use the left handlebar 
as an alternative location for the rear brake control. Suzuki has 
asserted 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.''

DATES: The grant of the application for renewals of temporary exemption 
expires December 31, 2007.

FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact 
Mr. Michael Pyne, Office of Crash Avoidance Standards at (202) 366-
4171. His FAX number is: (202) 493-2739.
    For legal issues, you may contact 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. Section 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

[[Page 14492]]

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 Renewals of Temporary Exemptions From FMVSS No. 
123

    NHTSA has received applications for renewals of temporary exemption 
from S5.2.1 and Table 1, Item 11 from American Suzuki Motorcycle 
Corporation (Suzuki), a motorcycle manufacturer. Suzuki asks for 
extensions of existing temporary exemptions for the Burgman 400 (also 
known as the AN 400)(for Model Years (MYs) 2005 and 2006), and the 
Burgman 650 (also known as the AN 650)(for MYs 2005 and 2006). Both the 
Burgman 400 and Burgman 650 motorcycles are considered ``motor 
scooters.''
    The safety issues are identical in the case of both of these 
motorcycles. Suzuki has applied to use the left handlebar as the 
location for the rear brake control on its motorcycles whose engines 
produce more than 5 brake horsepower (both the Burgman 400 and the 
Burgman 650). The frames of each of the motorcycles 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 Suzuki Claims the Overall Level of Safety of the Motorcycles 
Equals or Exceeds That of Nonexempted Motorcycles

    Suzuki has argued that the overall level of safety of the 
motorcycles covered by its petitions equals or exceeds that of a 
nonexempted motorcycle for the following reasons. Suzuki has stated 
that the Burgman scooters are equipped with automatic transmissions. 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.
    Suzuki provided test data with its October 4, 2002 original 
temporary exemption petition showing that the Burgman 400 ``can easily 
meet'' the braking performance requirements in FMVSS No. 122, 
Motorcycle brake systems. Suzuki provided similar test data with its 
June 2, 2002 original temporary exemption petition for the Burgman 650, 
which also showed that the Burgman 650 ``can easily meet FMVSS No. 
122.''
    Suzuki further stated that it will not sell more than 2,500 
exempted vehicles in the U.S. in any 12-month period for which an 
exemption may be granted. At the end of the exemption period, Suzuki 
stated that it does not intend to comply with the rear brake control 
requirements of FMVSS No. 123. Under previously granted exemptions, 
Suzuki sold approximately 2,702 Burgman 400 scooters and approximately 
2, 947 Burgman 650 scooters over a two-year period.

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

    Suzuki offered the following reason why another temporary exemption 
for its motorcycles would be in the public interest and would be 
consistent with the objectives of motor vehicle safety. Suzuki asserted 
that the level of safety of the Burgman scooters is ``at least equal to 
similar vehicles that are certified to FMVSS No. 123.'' Suzuki further 
asserted that scooters like the Burgman 400 and Burgman 650 are of 
interest to the public, evidenced by the number of companies that have 
previously requested exemptions to sell similar products in the U.S., 
the favorable public comment on the exemption requests, and the number 
of scooters sold under the granted exemptions.

V. Notification of Receipt of Applications and Public Comments

    On December 3, 2004 (69 FR 70304) [Docket No. NHTSA-2004-18745], we 
published a Federal Register notice announcing the receipt of 
applications for renewals of exemptions from Suzuki. We published 
Suzuki's reasons why the overall safety of the motorcycles equals or 
exceeds that of nonexempted motorcycles, and why Suzuki claimed an 
exemption would be in the public interest and would be consistent with 
the objectives of motor vehicle safety. We asked for public comment on 
Suzuki's application.
    We received no comments in response to the December 3, 2004 
document.

VI. NHTSA's Decisions on the Applications

    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, Suzuki will be unable to sell its motorcycles 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 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 at least equal to that 
of nonexempted motorcycles.
    In consideration of the foregoing, we hereby find that Suzuki has 
met its burden of persuasion that to require compliance with Standard 
No. 123 would prevent Suzuki 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. NHTSA Temporary Exemption No. EX02-3, exempting American Suzuki 
Motorcycle Corporation 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, is hereby extended to expire on December 31, 2007. This 
exemption applies only to the Burgman 400 (also known as the AN 400).
    2. NHTSA Temporary Exemption No. EX02-2 exempting American Suzuki 
Motorcycle Corporation 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, is hereby extended to expire on December 31, 2007. This 
exemption applies only to the Burgman 650 (also known as the AN 650).

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

    Issued on: March 16, 2005.
Jeffrey W. Runge,
Administrator.
[FR Doc. 05-5579 Filed 3-21-05; 8:45 am]
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