Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Notices 64741

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 lefthand 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]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–55 (Sub–No. 581X)]

CSX Transportation, Inc.—

Abandonment Exemption—in Fayette

and Raleigh Counties, WV

CSX Transportation, Inc. (CSXT) has

filed a verified notice of exemption

under 49 CFR 1152 Subpart F—Exempt

Abandonments to abandon a line of

railroad between milepost CAX0.0, near

Mill Creek Junction, and milepost

CAX4.8, near Garden Ground, a distance

of approximately 4.8 miles, in Fayette

and Raleigh Counties, WV (line). The

line traverses United States Postal

Service Zip Code 25880 (and possibly

25906).

CSXT has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) there is no overhead

traffic on the line; (3) no formal

complaint filed by a user of rail service

on the line (or by a state or local

government agency acting on behalf of

64742 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Notices

1The Board will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Board’s Section of

Environmental Analysis in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any

request for a stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption’s effective date.

2Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

1Pursuant to 49 CFR 1150.50(d)(2), the railroad

must file a verified notice with the Board at least

50 days before the abandonment or discontinuance

is to be consummated. While the applicant initially

indicated a proposed consummation date of

November 28, 2000, because the verified notice was

filed on October 10, 2000, consummation may not

take place prior to November 29, 2000. Applicant’s

representative has subsequently confirmed that the

correct consummation date is on or after November

29, 2000.

2The Board will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Board’s Section of

Environmental Analysis in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any

request for a stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption’s effective date.

3Each offer of financial assistance must be

accompanied by the filing fee, which currently is

set at $1000. See 49 CFR 1002.2(f)(25).

such user) regarding cessation of service

over the line is either pending with the

Surface Transportation Board (Board) or

any U.S. District Court or has been

decided in favor of complainant within

the 2-year period; and (4) the

requirements at 49 CFR 1105.7

(environmental reports), 49 CFR 1105.8

(historic reports), 49 CFR 1105.11

(transmittal letter), 49 CFR 1105.12

(newspaper publication), and 49 CFR

1152.50(d)(1) (notice to governmental

agencies) have been met.

As a condition to this exemption, any

employee adversely affected by the

abandonment shall be protected under

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10502(d)

must be filed. Provided no formal

expression of intent to file an offer of

financial assistance (OFA) has been

received, this exemption will be

effective on November 29, 2000, unless

stayed pending reconsideration.

Petitions to stay that do not involve

environmental issues,1 formal

expressions of intent to file an OFA

under 49 CFR 1152.27(c)(2),2 and trail

use/rail banking requests under 49 CFR

1152.29 must be filed by November 9,

2000. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by November 20,

2000, with the Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, N.W.,

Washington, DC 20423–0001.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Natalie S. Rosenberg,

Esq., CSX Transportation, Inc., 500

Water Street, J150, Jacksonville, FL

32202. If the verified notice contains

false or misleading information, the

exemption is void ab initio.

CSXT has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by November 3, 2000.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 500,

Surface Transportation Board,

Washington, DC 20423–0001) or by

calling SEA, at (202) 565–1545.

Comments on environmental and

historic preservation matters must be

filed within 15 days after the EA

becomes available to the public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Pursuant to the provisions of 49 CFR

1152.29(e)(2), CSXT shall file a notice of

consummation with the Board to signify

that it has exercised the authority

granted and fully abandoned the line. If

consummation has not been effected by

CSXT’s filing of a notice of

consummation by October 30, 2001, and

there are no legal or regulatory barriers

to consummation, the authority to

abandon will automatically expire.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: October 19, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–27562 Filed 10–27–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB–183 (Sub–No. 3X)]

Union Railroad Company—

Abandonment Exemption—in

Allegheny County, PA

Union Railroad Company (URR) has

filed a notice of exemption under 49

CFR 1152 Subpart F—Exempt

Abandonments and Discontinuances to

abandon and discontinue service over

its line of railroad known as the Rankin

Branch extending from point of switch

Survey Station 158+50 of Turnout MU–

18, and extending from that point over

and across the Rankin Hot Metal Bridge

to a rail connection with the Railroad’s

so-called Wildcat Track at Survey

Station 48+35 in the Borough of Rankin,

Allegheny County, PA, a distance of

0.89 miles.1 The line traverses United

States Postal Service Zip Codes 15120

and 15104.

URR has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) there is no overhead

traffic on the line; (3) no formal

complaint filed by a user of rail service

on the line (or by a state or local

government entity acting on behalf of

such user) regarding cessation of service

over the line either is pending with the

Surface Transportation Board (Board) or

with any U.S. District Court or has been

decided in favor of complainant within

the 2-year period; and (4) the

requirements at 49 CFR 1105.7

(environmental reports), 49 CFR 1105.8

(historic reports), 49 CFR 1105.11

(transmittal letter), 49 CFR 1105.12

(newspaper publication), and 49 CFR

1152.50(d)(1) (notice to governmental

agencies) have been met.

As a condition to this exemption, any

employee adversely affected by the

abandonment shall be protected under

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10502(d)

must be filed. Provided no formal

expression of intent to file an offer of

financial assistance (OFA) has been

received, this exemption will be

effective on November 29, 2000, unless

stayed pending reconsideration.

Petitions to stay that do not involve

environmental issues,2 formal

expressions of intent to file an OFA

under 49 CFR 1152.27(c)(2),3 and trail

use/rail banking requests under 49 CFR

1152.29 must be filed by November 9,

2000. Petitions to reopen or requests for

public use conditions under 49 CFR

1152.28 must be filed by November 20,

2000, with: Surface Transportation

Board, Office of the Secretary, Case

Control Unit, 1925 K Street, NW.,

Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Christopher T. Como,

Attorney and Assistant Secretary, Union

Railroad Company, 135 Jamison Lane,

Monroeville, PA 15146.