[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Notices]
[Pages 1225-1226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-422]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 98-4357; Notice 3]
Aprilia, S.p.A.; Reissuance of Grant of Temporary Exemption From
Federal Motor Vehicle Safety Standard No. 123
On August 13, 1999, we granted the application by Aprilia S.p.A. of
Noale, Italy, for a temporary exemption from a requirement of S5.2.1
(Table 1) of Federal Motor Vehicle Safety Standard No. 123 Motorcycle
Controls and Displays (64 FR 44264, NHTSA Temporary Exemption No. 99-9,
expiring July 1, 2001). The exemption was limited to Aprilia's Leonardo
150 model. For the reasons explained below, we are reissuing the
exemption to include Aprilia's Scarabeo 150 model, and the exemption
will expire on December 1, 2001.
Aprilia recently applied to us for a temporary exemption of its
Scarabeo 150 model from S5.2.1 of Standard No. 123 on the same
statutory basis as the Leonardo, 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)(B)(iv). Because of the near
identicality of the two motorcycles and the arguments in support of the
[[Page 1226]]
application, we have decided not to consider Aprilia's request as a
petition de novo but to reissue NHTSA Temporary Exemption No. 99-9 to
cover the Scarabeo. Further, for the reason indicated, reissued NHTSA
Temporary Exemption No. 99-9 will expire December 1, 2001.
From our review of Aprilia's petitions, we consider the Scarabeo
and Leonardo motorcycles to be mechanically similar in all respects
relevant to the safety issues involved, differing primarily in their
external sheet metal. Paragraph S5.2.1 of Standard No. 123 requires
that, if a motorcycle is equipped with rear wheel brakes, those brakes
be operable through the right foot control, though the left handlebar
is a permissible brake control location for motor driven cycles (Item
11, Table 1). Aprilia would like to use the left handlebar as the
control for the rear brakes of both the Leonardo and Scarabeo
motorcycles, for the same reasons. Absent an exemption, it will be
unable to import and sell the Scarabeo because the vehicle would not
fully comply with Standard No. 123.
Aprilia's previous arguments in favor of the Leonardo and our
comments on them are set forth in the notice at 64 FR 44264 and are
incorporated herein by reference. Aprilia's new petition included
copies of reports of brake tests conducted according to Standard No.
122, Motorcycle Brake Systems, and under the laws of the United
Kingdom. These materials have been filed in the docket.
NHTSA provided an opportunity for public comment on the Leonardo
petition on August 28, 1998 (63 FR 46097), and received only one in the
more than 11 months that elapsed between the comment notice and the
grant notice. That single comment, from Peugeot Motorcycles of France,
supported Aprilia's petition.
On November 11, 1999, Aprilia USA informed us that, as of November
1, 1999, it had not imported or sold any Leonardo 150s under the
exemption, and requested that we extend the effective date of the
exemption accordingly. The company understands that it will not be able
to import more than a total of 2,500 exempted Leonardo 150 and Scarabeo
150 motorcycles in any 12-month period that the exemption is in effect.
We have concluded that, given the recent opportunity for public
comment, a further opportunity to comment on the same issues is not
likely to result in any substantive submissions, and that we may
proceed to reissue NHTSA Temporary Exemption No. 99-9 to include the
Scarabeo in its coverage. We hereby incorporate our findings in our
initial granting of the petition (64 FR 44264). Accordingly, NHTSA
Temporary Exemption No. EX99-9 from the requirement 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 reissued to cover the Leonardo 150 and Scarabeo 150
motorcycles, and to expire on December 1, 2001.
(49 U.S.C. 30113; delegation of authority at 49 CFR 1.50).
Issued on: January 3, 2000.
Rosalyn G. Millman,
Acting Administrator.
[FR Doc. 00-422 Filed 1-6-00; 8:45 am]
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