73186 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 

1 70 FR 51286. 

why. Relevant information and 

comments will help FTA understand 

completely the facts surrounding the 

waiver requests and FTA’s proposal. 

In accordance with Section 70916(c) 

of the Build America, Buy America Act, 

FTA will also consult with the Hollings 

Manufacturing Extension Partnership 

before approving the proposed waiver. 

Veronica Vanterpool, 

Acting Administrator. 

[FR Doc. 2024–20257 Filed 9–6–24; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2024–0053] 

Damon Motors Inc.; Receipt of Petition 

for Temporary Exemption From a Rear 

Wheel Brake Requirement of FMVSS 

No. 123 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of receipt of a petition for 

a temporary exemption; request for 

comment. 

SUMMARY: Damon Motors Inc. (Damon) 

has petitioned the agency for a 

temporary exemption from a rear wheel 

brake control requirement of Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 123, Motorcycle controls and 

displays. The petitioner seeks to install 

the rear brake control on the left 

handlebar instead of the right foot 

control required by FMVSS No. 123. 

NHTSA is publishing this document in 

accordance with statutory and 

administrative provisions and requests 

comment on the merits of Damon’s 

exemption petition. NHTSA has made 

no judgment at this time on the merits 

of the petition. 

DATES: You should submit your 

comments not later than October 9, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Natasha Reed, Office of the Chief 

Counsel, NCC–200, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. Telephone: (202) 366–2992; Fax: 

(202) 366–3820. 

ADDRESSES: We invite you to submit 

comments on the application described 

above. You may submit comments 

identified by docket number in the 

heading of this notice by any of the 

following methods: 

• Fax: 1 (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE, West Building Ground 

Floor, Room W12–140, Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act discussion 

below. We will consider all comments 

received before the close of business on 

the comment closing date indicated 

above. To the extent possible, we will 

also consider comments filed after the 

closing date. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov at any time or to 

1200 New Jersey Avenue SE, West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. Telephone: 

(202) 366–9826. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, to 

www.regulations.gov, as described in 

the system of records notice, DOT/ALL– 

14 FDMS, accessible through 

www.dot.gov/privacy. To facilitate 

comment tracking and response, we 

encourage commenters to provide their 

name, or the name of their organization; 

however, submission of names is 

completely optional. Whether or not 

commenters identify themselves, all 

timely comments will be fully 

considered. If you wish to provide 

comments containing proprietary or 

confidential information, please contact 

the agency for alternate submission 

instructions. 

Confidential Business Information: If 

you wish to submit any information 

under a claim of confidentiality, submit 

these materials to NHTSA’s Office of the 

Chief Counsel in accordance with 49 

CFR part 512. All requests for 

confidential treatment must be 

submitted directly to the Office of the 

Chief Counsel. NHTSA is currently 

treating electronic submission as an 

acceptable method for submitting 

confidential business information to the 

agency under part 512. If you claim that 

any of the information or documents 

provided in your response constitutes 

confidential business information 

within the meaning of 5 U.S.C. 

552(b)(4), or are protected from 

disclosure pursuant to 18 U.S.C. 1905, 

you may submit your request via email 

to Dan Rabinovitz in the Office of the 

Chief Counsel at Daniel.Rabinovitz@

dot.gov. Do not send a hardcopy of a 

request for confidential treatment to 

NHTSA’s headquarters. 

SUPPLEMENTARY INFORMATION: 

I. The Motorcycle Rear Brake Control 

Requirement in FMVSS No. 123 and Its 

Purpose 

FMVSS No. 123, Motorcycle Controls 

and Displays, specifies requirements for 

the location, operation, identification, 

and illumination of motorcycle controls 

and displays. The purpose of FMVSS 

No. 123 is to minimize crashes caused 

by operator error in responding to the 

motoring environment by standardizing 

certain motorcycle controls and 

displays. Among other requirements, 

FMVSS No. 123 S5.2.1 (table 1) requires 

the control for a motorcycle’s rear 

brakes to be located on the right side of 

the motorcycle and to be operable by the 

rider’s right foot. 

In 2005, NHTSA issued a final rule 

amending FMVSS No. 123 to require 

scooter-type motorcycles with automatic 

transmissions (i.e., scooters without a 

clutch lever) to have a left-hand rear 

brake control.1 NHTSA chose not to 

allow the option of placing the rear 

brake control on either the left 

handlebar or right foot pedal, explaining 

it had concerns that permitting 

manufacturers to choose between two 

different arrangements could result in a 

loss of standardization, as similar or 

even identical clutchless motorcycles 

could have different rear brake controls. 

Further, NHTSA stated that while some 

commenters asserted such an outcome 

would not have any safety 

consequences, without probative data, 

the agency believed the goal of 

standardization was better served via 

FMVSS No. 123 specifically requiring 

one brake control location. Thus, the 

final rule made the left-hand rear brake 

control a requirement, not an option, on 

scooter-type motorcycles with automatic 

transmissions (i.e., without a clutch 

lever). The final rule continued to 

require non-scooter motorcycles with 

combined brake systems to have their 

single-point control located at the right 

foot, the required location for the rear 

brake control. For supplemental rear 

brake controls, the final rule continued 


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Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 73187 

2 49 U.S.C. 30113(b)(3)(B). 3 49 U.S.C. 30113(b)(3)(B)(ii). 

to require all non-scooter motorcycles to 

have a right foot pedal control for rear 

brakes, with supplemental rear brake 

control located on the left handlebar if 

no clutch lever is present. 

The subject of Damon’s petition is this 

motorcycle rear brake control. Per the 

requirements of table 1 of FMVSS No. 

123, as a motorcycle, rather than a 

motor-driven cycle or scooter, Damon’s 

HyperSport must have rear wheel brakes 

located on the vehicle’s right foot 

control. However, Damon explains in its 

petition that the rear brake control and 

advanced safety feature design aspects 

of its HyperSport motorcycle (including 

all variants) preclude the vehicle from 

meeting the requirement for a footoperated control. Damon indicates that 

the placement of the rear brake control 

solely on the left handlebar will provide 

at least an equivalent level of safety as 

that required by FMVSS No. 123, 

pointing to the findings of a motor 

scooter study and European regulations 

allowing the placement of the rear brake 

control on the left handlebar for motor 

scooters. Damon further states that the 

absence of a rear brake control at the 

right foot location does not significantly 

reduce the motorcycle’s level of safety, 

and that added safety features, 

including an advanced warning and 

anti-lock braking system (ABS), actually 

improve the overall safety of the 

motorcycle. Damon contends that 

granting its petition will benefit the 

public interest by allowing it to 

introduce for demonstration, 

development, and field evaluation a 

new zero emission vehicle with 

advanced safety features aimed at 

improving the overall level of safety 

within the motorcycling industry. 

II. Statutory Authority for Temporary 

Exemptions 

The National Traffic and Motor 

Vehicle Safety Act (Safety Act), codified 

at 49 U.S.C. chapter 301, provides the 

Secretary of Transportation authority to 

exempt, on a temporary basis and under 

specified circumstances, motor vehicles 

from a motor vehicle safety standard or 

bumper standard. This authority is set 

forth at 49 U.S.C. 30113. The Secretary 

has delegated the authority for 

implementing this section to NHTSA. 

The Act authorizes the Secretary to 

grant a temporary exemption to a 

vehicle manufacturer under certain 

conditions. The first relevant condition 

for this petition request requires a 

finding that the exemption would make 

easier the development or field 

evaluation of a new motor vehicle safety 

feature providing a safety level at least 

equal to the safety level of the standard. 

The second relevant condition for this 

petition request requires a finding that 

the exemption would make the 

development or field evaluation of a 

low-emission motor vehicle easier and 

would not unreasonably lower the 

safety level of the vehicle.2

NHTSA established 49 CFR part 555, 

Temporary Exemption from Motor 

Vehicle Safety and Bumper Standards, 

to implement the statutory provisions 

concerning temporary exemptions. The 

requirements in 49 CFR 555.5 state that 

the petitioner must set forth the basis of 

the petition by providing the 

information required under 49 CFR 

555.6, and the reasons why the 

exemption would be in the public 

interest and consistent with the 

objectives of the Safety Act. 

A petition on the basis that the 

exemption would make easier the 

development or field evaluation of a 

new motor vehicle safety or impact 

protection features must include the 

information specified in 49 CFR 

555.6(b). The main requirements of that 

section include: (1) a description of the 

safety or impact protection features 

along with research, development, and 

testing documentation establishing the 

innovative nature of such features; (2) 

an analysis establishing the level of 

safety or impact protection of the feature 

is equivalent to or exceeds the level of 

safety or impact protection established 

in the standard from which exemption 

is sought; (3) substantiation that a 

temporary exemption would facilitate 

the development or field evaluation of 

the vehicle; and (4) a statement of 

whether the manufacturer intends to 

conform to the standard at the end of 

the exemption period, apply for a 

further exemption, or petition for 

rulemaking to amend the standard to 

incorporate the safety or impact 

protection features. 

A petition on the basis that the 

exemption would make easier the 

development or field evaluation of a 

low-emission motor vehicle must 

include the information specified in 49 

CFR 555.6(c). The main requirements of 

that section include: (1) substantiation 

that the vehicle is a low-emission 

vehicle; (2) documentation establishing 

that a temporary exemption would not 

unreasonably degrade the safety of a 

vehicle; (3) substantiation that a 

temporary exemption would facilitate 

the development or field evaluation of 

the vehicle; and (4) a statement of 

whether the petitioner intends to 

conform to the standard at the end of 

the exemption period. 

III. Overview of Petition 

In accordance with 49 U.S.C. 30113 

and the procedures in 49 CFR part 555, 

Damon submitted a petition asking the 

agency for a temporary exemption from 

the motorcycle rear brake control 

requirement in FMVSS No. 123 S5.2.1 

(table 1). Damon states the requested 

two-year exemption will allow it to 

introduce for demonstration, 

development, and field evaluation the 

‘‘Hypersport,’’ a multi variant zeroemission motorcycle equipped with 

advanced safety features aimed at 

improving the overall level of safety 

within the motorcycle industry. Damon 

notes all HyperSport variants are 

designed to utilize the left handlebar 

position to control the rear brake, which 

prevent it from meeting the motorcycle 

rear brake location requirement in 

S5.2.1 (table 1) of FMVSS No. 123, 

which, as described above, requires 

motorcycle rear wheel brake controls to 

be located at the rider’s right foot. 

Damon requests the exemption for 2 

years, stating it will not produce more 

than 2,500 exempted motorcycles 

within any 12-month period during the 

exemption. Damon explains it intends 

to use data gathered through the grant 

of this petition to submit a petition for 

rulemaking to reduce the complexity of 

the regulation at issue and allow 

manufacturers the ability to locate rear 

wheel brake controls on either the right 

foot or left handlebar. 

Damon seeks exemption under two 

alternative bases. The first basis is that 

an exemption would make the 

development or field evaluation of a 

new motor vehicle safety feature easier 

while providing a safety level at least 

equal to the safety level of the 

standard.3 In support of this basis 

Damon states its design will incorporate 

several advanced safety features 

normally only found in the automotive 

industry to increase rider situational 

awareness, provide warnings of 

potential dangers around motorcyclists, 

and maximize the available rider 

response time. Damon explains these 

features include an advanced warning 

system, anti-lock braking (to reduce the 

chance of an accident caused by the 

user’s application of excessive braking 

force), and an adjustable ergonomics 

system. 

Damon states that many of these 

features are already commonplace in the 

automotive sector and studies have 

shown they save lives. However, Damon 

relays that integrating these systems into 

motorcycles presents new challenges 

because the dynamics of the vehicle are 


ddrumheller on DSK120RN23PROD with NOTICES1
73188 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Notices 

4 49 U.S.C. 30113(b)(3)(B)(iii). 

5The exemption would make easier the 

development or field evaluation of a new motor 

vehicle safety or impact protection features 

providing a safety or impact protection level at least 

equal to that of the standard. 

6The exemption would make the development or 

field evaluation of a low-emission vehicle easier 

and would not unreasonably lower the safety or 

impact protection level of that vehicle. 

distinct. For example, Damon states that 

unlike the fixed ergonomics of 

conventional motorcycles, its adjustable 

ergonomics system (SHIFT) provides the 

user more freedom and control for 

different riding styles. Damon explains 

that using the left handlebar rear brake 

position to accommodate and 

implement this adjustable ergonomics 

system will be less complex and avoid 

the challenges of having the foot brake 

also change position. Further, Damon 

states that locating SHIFT on the 

handlebar brake position will allow it 

more design freedom to optimize 

bodywork for the vehicle to reduce drag 

and increase the overall efficiency of the 

HyperSport. 

The second basis is that an exemption 

would make the development or field 

evaluation of a low-emission vehicle 

easier without unreasonably lowering 

the safety of that vehicle.4 In support of 

this basis, Damon states that its 

HyperSport qualifies as a low-emission 

vehicle because no emissions are 

produced during operation. Damon 

explains that the HyperSport has an allelectric powertrain. 

To demonstrate that the HyperSport 

meets the minimum safety levels 

required for an exemption under either 

49 CFR 555.6(b) 5 or 49 CFR 555.6(c),6

Damon states that the absence of a rear 

brake control at the right foot location 

does not significantly reduce the level of 

safety afforded to the user, and that the 

HyperSport’s added safety features, 

including an advanced warning system 

and ABS, improve the overall level of 

safety of the motorcycle. Damon states 

the HyperSport’s brake system is 

designed to surpass the performance 

requirements of FMVSS No. 122, which 

measures braking performance. Further, 

Damon points out that from 1999–2005 

NHTSA granted exemptions for motor 

scooters with rear brake controls on the 

left handlebar, and that a 2000 Carter 

Engineering study submitted with a 

similar petition for exemption found no 

response-time detriment in moving the 

rear brake control from the right foot 

location to the left handlebar. Damon 

states the study found operators 

responded 21 percent faster to the 

braking stimulus with handlebarmounted rear brake controls. 

Damon contends that based on this 

report there is likely no difference in the 

physical response time for operators of 

motorcycles compared to operators of 

scooters. Damon also points out that 

motor scooter manufacturers were 

afforded the opportunity to bring their 

vehicles to market in support of 

gathering future data, and that the 

granting of this petition would allow 

Damon’s HyperSport to do the same. 

Finally, Damon notes that although 

FMVSS No. 123 reserves the left 

handlebar for the clutch lever or as a 

supplemental position for the rear brake 

on motorcycles with an automatic 

transmission, other markets like Europe 

and Canada allow manufacturers to use 

the left handlebar for the rear brake 

control, and that this exemption would 

promote international harmonization. 

IV. Comment Period 

The agency seeks comment from the 

public on the merits of Damon’s 

application for a temporary exemption 

from the motorcycle rear brake control 

requirements in paragraph S5.2.1 (table 

1) of FMVSS No. 123. The agency has 

not made any judgment on the merits of 

the application and is placing a nonconfidential copy of the petition in the 

docket. We are providing a 30-day 

comment period. After considering 

public comments and other available 

information, we will publish a notice of 

final action on the application in the 

Federal Register. 

Authority: 49 U.S.C. 30113; delegation 

of authority at 49 CFR 1.95 and 501.5. 

Sophie Shulman, 

Deputy Administrator. 

[FR Doc. 2024–20195 Filed 9–6–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket ID Number: DOT–OST–2010–0140] 

Notice of Submission of Proposed 

Information Collection to OMB 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(PRA), as amended, this notice 

announces the Department of 

Transportation’s (Department or DOT) 

intention to reinstate Office of 

Management and Budget (OMB) Control 

Number 2105–0561 for the collection 

and posting of certain aviation 

consumer protection-related 

information from U.S. carriers and 

foreign carriers. The subject information 

collections relate to requirements in the 

Code of Federal Regulations (CFR) for 

the development and auditing of carrier 

customer service plans, reporting of 

tarmac delays, display of on-time 

performance, and the posting of various 

consumer protection documents on 

carrier websites. The Control Number 

expired on August 31, 2024. 

DATES: Comments on this notice must be 

received by October 9, 2024. Interested 

persons are invited to submit comments 

regarding this proposal. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection review (ICR) 

should be sent within 30 days of 

publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular ICR by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Alexa Strong or Hannah Cohen, Office 

of the Secretary, Office of Aviation 

Consumer Protection (C–70), U.S. 

Department of Transportation, 1200 

New Jersey Ave. SE, Washington, DC 

20590, at Alexa.Strong@dot.gov or 

Hannah.Cohen@dot.gov (Email). 

Arrangements to receive this document 

in an alternative format may be made by 

contacting the above-named 

individuals. 

SUPPLEMENTARY INFORMATION: Title: 

Submission of Miscellaneous 

Information Collection Systems as 

Required by the Department’s Rules to 

Enhance Airline Passenger Protections. 

OMB Control Number: 2105–0561. 

On December 30, 2009 and April 25, 

2011, the Department issued two rules 

to enhance airline passenger protections 

that, among other things, required U.S. 

and foreign carriers to adopt and audit 

a customer service plan, retain 

information regarding tarmac delays, 

submit data regarding tarmac delays, 

and post tarmac delay plans, customer 

service plans, and contracts of carriage 

on their websites. The 2009 rule also 

required U.S. carriers that file on-time 

performance reports under 14 CFR part 

234 (‘‘reporting carriers’’) to display the 

on-time performance of domestic flights 

on their websites. A 2016 rule then 

expanded the definition of U.S. carriers 

considered reporting carriers. 

On May 3, 2021, the Department 

issued a rule amending its tarmac delay 

requirements. Among other things, the 

rule narrowed the tarmac delay data 

reporting requirements in 14 CFR part 

244 to those delays considered 


ddrumheller on DSK120RN23PROD with NOTICES1