[Federal Register Volume 64, Number 163 (Tuesday, August 24, 1999)]
[Notices]
[Page 46225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21930]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 99-6093; Notice 1]
Italjet S.p.A.; Receipt of Application for Temporary Exemption
From Federal Motor Vehicle Safety Standard No. 123
Italjet S.p.A., an Italian corporation, through Italjet USA
(``Italjet'') of New York City, NY, has applied 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 is 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 are publishing this notice of receipt of an application in
accordance with the requirements of 49 U.S.C. 30113(b)(2). This action
does not represent any judgment of the agency on the merits of the
application.
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 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.''
Interested persons are invited to submit comments on the
application described above. Comments should refer to the docket number
and the notice number, and be submitted to: Docket Management, Room PL-
401, 400 Seventh Street, SW, Washington, DC 20590. It is requested but
not required that 10 copies be submitted.
All comments received before the close of business on the comment
closing date indicated below will be considered, and will be available
for examination in the docket at the above address both before and
after that date. The Docket Room is open from 10:00 a.m. until 5:00
p.m. To the extent possible, comments filed after the closing date will
also be considered.
Notice of final action on the application will be published in the
Federal Register pursuant to the authority indicated below.
Comment closing date: September 23, 1999.
(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and
501.8)
Issued on August 13, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-21930 Filed 8-23-99; 8:45 am]
BILLING CODE 4910-59-P
