[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Notices]
[Page 31629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12556]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-7354; Notice 1]


Honda Motor Co., Ltd.; Receipt of Application for Temporary 
Exemption From Federal Motor Vehicle Safety Standard No. 123

    Honda Motor Co. Ltd. (``Honda''), a Japanese corporation, through 
American Honda Motor Co., Inc., of Torrance, California, 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.
    Honda has applied on behalf of its NSS250 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).
    Honda petitions that it be allowed to use the left handlebar as the 
control for the rear brakes of its NSS250, which is a motorcycle and 
not a motor driven cycle. The model features an automatic transmission 
that eliminates the left-hand clutch lever as well as any left-foot 
gearshift lever. This leaves the left hand of the rider free to operate 
a brake lever. In Honda's opinion, ``removal of the left-handlebar 
clutch lever, left-foot-controlled gearshift lever and right-foot-
controlled rear brake pedal result in simpler operation.'' Honda points 
out that NHTSA exempted three other motorcycle manufacturers from this 
requirement of S5.2.1. in 1999 (Aprilia, 64 FR 44262; Vectrix, 64 FR 
45585; and Italjet, 64 FR 58127).
    Honda 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. Unlike the other 
exempted motorcycles, the NSS250 is equipped with a ``combined brake 
system'' which ``provides single-point, front- and rear-wheel braking 
action.'' The vehicle meets the braking performance requirements ``of 
both FMVSS 122 and ECE78.'' The company submitted test results 
demonstrating that the braking performance of the NSS250 with its 
combined brake system is better than that of a scooter without the 
combined brake system. For the second effectiveness test, for example, 
the NSS250 stopped in shorter distances than a Honda model equipped 
with a foot brake, that is to say, from a maximum speed of 65.4 mph in 
165 feet (compared with 178 feet), and, from 30 mph, in 38 feet 
(compared with 40 feet).
    Honda has developed the NSS250 for the world market. In Europe, 
Japan, and other Asian countries, scooters are equipped with handlebar-
mounted front and rear brakes. Absent an exemption, then, Honda will be 
unable to sell the NSS250 in the United States. The cost to conform the 
NSS250 to comply with Standard No. 123 ``would add considerable cost to 
the product'' and result in a motorcycle that would not be competitive.
    Honda will not sell more than 2,500 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 ``the level of safety is equal to similar vehicles certified 
under FMVSS No. 123.''
    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: June 19, 2000.

(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 
501.8)

    Issued on May 11, 2000.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 00-12556 Filed 5-17-00; 8:45 am]
BILLING CODE 4910-59-P