[Federal Register Volume 65, Number 137 (Monday, July 17, 2000)]
[Notices]
[Page 44093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18011]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 2000-7616; Notice 1]
Piaggio & c., S.p.A.; Receipt of Application for Temporary
Exemption From Federal Motor Vehicle Safety Standard No. 123
Piaggo & c., S.p.A. (``Piaggio''), an Italian corporation, of
Pontedera, Italy, 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. 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.
Piaggio has applied on behalf of its Vespa ET4 (125 and 150 cc)
motor scooters. The scooters are defined as ``motorcycles'' for
purposes of compliance with the Federal motor vehicle safety standards.
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 (the left handlebar is permissible only for a motor driven
cycle (Item 11, Table 1), i.e., a motorcycle with a motor that produces
5 brake horsepower or less).
Piaggio petitions that it be allowed to use the left handlebar as
the control for the rear brakes of its Vespa ET4, which is a motorcycle
and not a motor driven cycle. The model features an automatic clutch
that eliminates the left-hand clutch lever as well as any left-foot
gearshift lever. According to Piaggio, ``the motor scooter is therefore
very similar to a bicycle, both in ergonomic stance and operation.''
The model will feature a hand-actuated lever on the left handlebar that
will actuate the rear brake, and a hand-actuated lever on the right
handlebar that will control the front brake.
Piaggio 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. The Vespa ET4 is
equipped with disc brakes on the front wheels, and ``easily meets and
exceeds all the performance requirements of FMVSS 122'' for motorcycle
brake systems. The vehicle meets the braking performance requirements
of ECE 93/14 as well.
Piaggio avers that no other country in Europe, Japan, or elsewhere
in Asia requires scooters to be equipped with a right foot-operated
brake control. Absent an exemption, then, Piaggio will be unable to
sell the Vespa ET4 in the United States. Piaggio ``is in the process of
introducing a complete modification of the Vespa braking system to
conform with FMVSS 123,'' and intends to complete its development work
during the two-year period that its exemption would be in effect.
Piaggio will not sell more than 2,500 scooters a year while an
exemption is in effect. The exemption would cover Model Year 2000 and
2001 vehicles. The company believes that an exemption would be
consistent with the objectives of traffic safety because the scooter
provide ``for much more natural braking response by the rider than non-
exempt vehicles.'' Extended use in Europe and the rest of the world has
not resulted in either consumer groups or governmental authorities
raising any safety concerns. The exemption would also be in the public
interest because it is ``environmentally clean and fuel efficient * * *
convenient urban transportation.''
You may 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. You should send at least two copies.
We shall consider all comments received before the close of
business on the comment closing date indicated below. Comments 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.
We shall publish a notice of final action on the application
pursuant to the authority indicated below.
Comment closing date: August 16, 2000.
(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and
501.8)
Issued on July 11, 20000.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 00-18011 Filed 7-14-00; 8:45 am]
BILLING CODE 4910-59-P