[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Page 64741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27724]



[[Page 64741]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2000-7616; Notice 2]


Piaggio & c., S.p.A.; Grant of Application for Temporary 
Exemption From Federal Motor Vehicle Safety Standard No. 123

    This notice grants the application by Piaggo & c., S.p.A. 
(``Piaggio''), an Italian corporation, of Pontedera, Italy, 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. 30113(b)(3)(B)(iv).
    Notice of receipt of the application was published on July 17, 
2000, and an opportunity afforded for comment (65 FR 44093).
    Piaggio 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 petitioned 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 argued 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 averred 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 2001 and 
2002 vehicles. The company believes that an exemption would be 
consistent with the objectives of traffic safety because the vehicle 
provides ``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.''
    We received five comments, all supporting granting Piaggo's 
application.
    Piaggio's request is not a new one, as we have exempted three other 
motorcycle manufacturers from S5.2.1 (Aprilia, 64 FR 44262, re-issued 
at 65 FR 1225; Vectrix, 64 FR 45585; and Italjet, 64 FR 58127). Our 
concern about a lack of standardization of the rear brake control for 
scooter-type vehicles was addressed by Aprilia in its petition which 
included a report on ``Motorscooter Braking Control Study,'' available 
for examination in Docket No. NHTSA-99-4357. This report indicated that 
test subjects' brake reaction times using a vehicle configured like 
Piaggio's were approximately 20% quicker than their reaction times on 
the conventional motorcycle. We interpreted the report as indicating 
that a rider's braking response is not likely to be degraded by the 
different placement of brake controls, and cited it in granting the 
similar petition by Vectrix. In Piaggio's case, the favorable comments 
appear to sustain our previous conclusions. We intend to initiate 
rulemaking to amend Standard No. 123 to address the location of the 
brake control on vehicles with automatic transmissions, such as the 
petitioner manufactures.
    With respect to the public interest and the objectives of motor 
vehicle safety, the overall level of safety, as Piaggio argues, appears 
at least equal to that of vehicles certified to comply with Standard 
No. 123. We note that the vehicle meets the braking performance 
requirements of ECE 93/14 as well. The comments make convincing 
arguments that an exemption would be in the public interest by making 
available a compact, fuel-efficient vehicle for urban use that would 
not otherwise be available without an exemption.
    In consideration of the foregoing, we hereby find that Piaggio has 
met its burden of persuasion 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. We further find that a temporary exemption 
is in the public interest and consistent with the objectives of motor 
vehicle safety. Accordingly, Piaggio & c. S.p.A. is hereby granted 
NHTSA Temporary Exemption No. EX2000-3 from the requirements 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 the Vespa ET4 
and will expire on October 1, 2002.

    Issued on October 23, 2000.
Sue Bailey,
Administrator.
[FR Doc. 00-27724 Filed 10-27-00; 8:45 am]
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