[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Pages 70304-70306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26632]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18745]


Receipt of Applications for Temporary Exemption From a Federal 
Motor Vehicle Safety Standard; American Suzuki Motorcycle Corporation

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

ACTION: Notice of receipt of two applications for temporary exemptions 
from a Federal motor vehicle safety standard; Request for comments.

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SUMMARY: We have received two applications from American Suzuki 
Motorcycle Corporation (Suzuki), a motorcycle manufacturer, for 
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. Suzuki asks that we permit the left handlebar as an 
alternative location for the rear brake control for two of its 
scooters, the Burgman 400 and the Burgman 650. Suzuki states its belief 
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.''
    We are publishing this notice of receipt of the application in 
accordance with our regulations on the subject, and ask for public 
comment on Suzuki's application. This publication does not mean that we 
have made a judgment yet about the merits of the applications.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them not later than January 3, 2005.

ADDRESSES: You may submit your comments [identified by the DOT DMS 
Docket Number cited in the heading of this document] by any of the 
following methods:
    <bullet> Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
    <bullet> Federal eRulemaking Portal: Go to (http://www.regulations.gov.) Follow the online instructions for submitting 
comments.
    You may call the Docket at (202) 366-9324. You may visit the Docket 
from 10 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.

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

[[Page 70305]]

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 Section 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 motors that produce 5 
brake horsepower or less (see 49 CFR Section 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 Temporary Exemption From FMVSS No. 123

    NHTSA has received two applications for temporary exemption from 
S5.2.1 and Table 1, Item 11 from American Suzuki Motor Corporation, a 
motorcycle manufacturer. Suzuki asks for extensions of existing 
temporary exemptions for the Burgman 400 (also known as the AN 400) and 
the Burgman 650 (also known as the AN 650) for MYs 2005-2006. The 
Burgman 400 and 650 motorcycles are considered ``motor scooters.''
    Suzuki has applied to use the left handlebar as the location for 
the rear brake control on its Burgman scooters, whose engines produce 
more than 5 brake horsepower. The frame of the Burgman scooters have 
not been designed to mount a right foot operated brake pedal (i.e., 
each motor scooter has 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 the Petitioner Claims the Overall Level of Safety of the 
Motorcycles Equals or Exceeds That of Non-Exempted Motorcycles

    The applicant has argued that the overall level of safety of the 
motorcycles covered by their petitions equals or exceeds that of a non-
exempted 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 
location 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 Petitioner 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 motorcycle 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 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. Comments

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES.
    You may also submit your comments to the docket electronically by 
logging onto the Dockets Management System Web site at http://dms.dot.gov. Click on ``Help & Information'' or ``Help/Info'' to obtain 
instructions for filing the document electronically.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR Part 512.)

Will the agency consider late comments?

    We will consider all comments that Docket Management receives 
before the

[[Page 70306]]

close of business on the comment closing date indicated above under 
DATES. To the extent possible, we will also consider comments that 
Docket Management receives after that date.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location.
    You may also see the comments on the Internet. To read the comments 
on the Internet, take the following steps:
    1. Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (http://dms.dot.gov).
    2. On that page, click on ``search.''
    3. On the next page (http://dms.dot.gov/search/), type in the four-
digit docket number shown at the beginning of this document. Example: 
If the docket number were ``NHTSA-1998-1234,'' you would type ``1234.'' 
After typing the docket number, click on ``search.''
    4. On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may 
download the comments. Although the comments are imaged documents, 
instead of word processing documents, the ``pdf'' versions of the 
documents are word searchable.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

How does the Federal Privacy Act apply to my public comments?

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; pages 19477-78) or you may visit 
http://dms.dot.gov.

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

    Issued on: November 30, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-26632 Filed 12-2-04; 8:45 am]
BILLING CODE 4910-59-P