[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Notices]
[Pages 58127-58128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28176]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 99-6093; Notice 2]
Italjet S.p.A.; Grant of Application for Temporary Exemption From
Federal Motor Vehicle Safety Standard No. 123
This notice grants the application by Italjet S.p.A., an Italian
corporation, through Italjet USA (``Italjet'') of New York City, NY,
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 basis of the request was that ``compliance
with the standard would prevent the manufacturer from selling a motor
vehicle with an overall safety level at least equal to the overall
safety level of nonexempt vehicles,'' 49 U.S.C. Sec.
30113(b)(3)(B)(iv).
We published a notice of receipt of the application on August 24,
1999 (64 FR 46225) asking for comments, but received none.
Italjet has applied on behalf of its Torpedo 125, Formula 125,
Millenium 125, and Millenium 150 motor scooters (``scooters''). The
scooters are defined as ``motorcycles'' for purposes of compliance with
the Federal motor vehicle safety standards. According to Italjet, its
scooters have a peak motor output of 26 hp and a top speed of 60 miles
per hour.
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, though the left handlebar is permissible for motor driven
cycles (Item 11, Table 1). Italjet would like to use the left handlebar
as the control for the rear brakes of the scooters, whose peak motor
output of 26 hp produces more than the 5 hp maximum that separates
motor driven cycles from motorcycles. The gear ratio of the vehicle is
fixed, and ``there is no need for the rider to shift gears, as on a
standard motorcycle.'' Because of this, the scooters are ``equipped
with neither a
[[Page 58128]]
clutch nor a clutch lever, and the left hand of the rider is free to
operate a brake lever.'' Italjet states that it prefers this design,
given its focus on European and Asian markets ``where rear brake
controls for scooters of all horsepower ratings are typically mounted
on the left handlebar.''
Italjet argues that the overall level of safety of the scooters
equals or exceeds that of a motorcycle that complies with the brake
control location requirement of Standard No. 123. It believes that
``the prevalence of the left hand operated design in Europe and Asia is
one strong indicator that a vehicle designed in this way can be
operated safely.'' It believes that ``vehicle safety might be somewhat
enhanced with the left hand brake lever, as the hand (bare or gloved)
is generally more capable of sensitive modulation of the braking force
than the foot.''
Italjet intends to field test a small number of the scooters in the
American market in Fall 1999 to assess the design, and without an
exemption it would be unable to do so. It wishes to consider whether
the United States' scooter market offers sufficient sales potential to
justify the creation of a design specifically for the United States
that incorporates the right foot brake pedal. Alternatively, it may
petition for rulemaking to amend Standard No. 123 to allow the hand-
operated brake control on motorcycles with more than 5 hp.
Italjet anticipates sales of not more than 2500 scooters a year
while an exemption is in effect. It believes that an exemption would be
in the public interest and consistent with the objectives of traffic
safety ``because it would maintain an acceptable level of safety while
accelerating the advancement of an important new class of vehicles for
use by consumers and businesses.''
The application by Italjet is substantially similar to that by
Aprilia, S.p.A. which we granted on August 13, 1999 (64 FR 44264).
Aprilia also requested an exemption from the rear brake location
requirement of S5.2.1 (Table 1) of Standard No. 123 pursuant to 49
U.S.C. 30113(b)(3)(B)(iv). On August 20, 1999, we also granted an
exemption from this requirement to Vectrix Corporation for its electric
scooter pursuant to 49 U.S.C. 30113(b)(3)(B)(iii), on the basis that it
would make the development or field evaluation of a low-emission
vehicle easier (64 FR 45585).
As we observed in granting Aprilia's application, we must find that
an exemption is consistent with the public interest and motor vehicle
safety (49 U.S.C. Sec. 30113(b)(3)(A)), and that compliance with the
brake control location requirement of Standard No. 123 would prevent
Aprilia from selling a motorcycle with an overall safety level at least
equal to the safety level of a nonexempt motorcycle (49 U.S.C. Sec.
30113(b)(3)(B)(iv)).
Aprilia correctly identified our principal area of concern: the
standardization of motorcycle controls. In adopting Standard No. 123 in
April 1972, effective September 1, 1974, we justified standardization
of motorcycle controls as a means of minimizing operator error in
responding to the motoring environment, saying that ``a cyclist,
especially the novice and the cyclist who has changed from one make of
machine to another, must not hesitate when confronted with an
emergency'' (37 FR 7207).
We asked Aprilia to comment on our concern that a left hand lever-
operated rear brake may contribute to unfamiliarity and thus degrade a
rider's overall braking reaction beyond what would exist on a
motorcycle with conventionally configured controls. At the request of
Aprilia's U.S. sales subsidiary, Aprilia U.S.A. Inc. of Woodstock,
Georgia, Carter Engineering of Franklin, Tennessee, prepared a report
on ``Motorscooter Braking Control Study'' (Report No. CE-99-APR-05, May
1999) comparing braking response times of riders using the left hand
control of the Leonardo 150 and the right foot control of the Yamaha
XC-125 Riva. We have placed a copy of this report in the Aprilia
docket, Docket No. NHTSA-98-4357. Aprilia U.S.A. commented that
``[o]verall, the test subjects'' reaction times on the Leonardo were
approximately 20% quicker than their reaction times on the conventional
motorcycle.'' Aprilia believed that ``a less complex braking
arrangement like that of the [vehicle for which it sought exemption]
will improve rider reaction in an emergency situation.'' We interpreted
the report as indicating that a rider's braking response was not likely
to be degraded by the different placement of the brake controls, thus
directly addressing and meeting our safety concern.
With respect to the public interest and consistency with objectives
of motor vehicle safety, the available information suggests that
Italjet's request to operate the rear brake with the left hand instead
of the right foot may not degrade the rider's braking response. By
allowing exempted vehicles to be sold on a temporary basis for two
years, it will be possible for us to gather data on operators'
experience with this alternative rear brake control. This information
would allow us to make a more informed decision about locations for
motorcycle brake controls.
In consideration of the foregoing, it is hereby found that to
require compliance with Standard No. 123 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. It is further
found that a temporary exemption is in the public interest and
consistent with the objectives of motor vehicle safety. Accordingly,
Italjet, S.p.A. is hereby granted NHTSA Temporary Exemption No. EX99-11
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. This exemption
applies only to models Torpedo 125, Formula 125, Millenium 125, and
Millenium 150, and will expire on October 1, 2001. 49 U.S.C. 30113;
delegation of authority at 49 CFR 1.50).
Issued on October 22, 1999.
Rosalyn G. Millman,
Acting Administrator.
[FR Doc. 99-28176 Filed 10-27-99; 8:45 am]
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