Motor vehicle safety standards; exemption petitions, etc.: Aprilia, SpA,

[Federal Register: August 28, 1998 (Volume 63, Number 167)]

[Notices]

[Page 46097-46098]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28au98-169]

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration Docket No. NHTSA 98-4357; Notice 1

Aprilia, SpA , Receipt of Application for Temporary Exemption From Federal Motor Vehicle Safety Standard No. 123

Aprilia SpA of Noale, Italy, has applied for a temporary exemption for calendar years 1999 and 2000 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 level of safety at least equal to the overall safety level of nonexempt vehicles,'' 49 U.S.C. Sec. 30113(b)(3)(iv).

This notice of receipt of an application is published in accordance with the requirements of 49 U.S.C. 30113(b)(2) and does not represent any judgment of the agency on the merits of the application.

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, though the left handlebar is permissible for motor driven cycles (Item 11, Table 1). Aprilia would like to use the left handlebar as the control for the rear brakes of its Leonardo 150 motorcycle, whose 150 cc engine produces more than the 5 hp maximum that separates motor driven cycles from motorcycles. The Aprilia can attain speeds up to 106 km/h (65.7 mph). The frame of the Leonardo ``has not been designed to mount a right foot operated brake pedal, which is a sensitive pressure point able to apply considerable stress to the frame, causing failure due to fatigue * * *'' Aprilia ``intends to begin sales

[[Page 46098]]

into the United States for market testing purposes during the 1999 sales year and would like to present a model line including the Leonardo 150 motorcycle.'' Absent an exemption, it would be unable to do so because the vehicle would not fully comply with Standard No. 123. It has requested an exemption for calendar years 1999 and 2000.

Aprilia argues that the overall level of safety of the Leonardo 150 equals or exceeds that of a non-exempted motor vehicle for the following reasons. The Leonardo 150 is equipped with an automatic transmission. 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.'' Thus, the Leonardo 150 can be operated without requiring special training or practice. In response to NHTSA's justification for standardization of motorcycle controls, Aprilia argues that ``any driver will not hesitate when confronted with an emergency'' because ``the use of a left hand lever for the rear brake is highly `intuitive' and easy to use * * *.''

Admitting that ``the human foot can apply much more force than can the hand,'' Aprilia believes that ``with the modern hydraulically activated disc brakes used on the Leonardo 150, more than enough brake actuation force is available from the hand of even the smallest rider.'' Further, ``it takes much longer for the rider's foot to be placed over the pedal, and the foot force applied, than it does for the rider to reach and squeeze the hand lever.'' Aprilia argues that ``reducing this `latency time' to a minimum, especially for inexperienced riders, has obvious safety benefits.'' Finally, the hand lever reduces the possibility of loss of control because of rear wheel locking in an emergency braking situation because of ``the increased sensitivity to brake feedback with the hand lever.''

Aprilia points out that European regulations allow motorcycle manufacturers the option of choosing rear brake application through either a right foot or left handlebar control, and that Australia permits the optional locations for motorcycles of any size with automatic transmissions.

An exemption would be consistent with objectives of motor vehicle safety, Aprilia argues, because it believes that its disc brake system provides ``better resistance to fade and better performance under wet conditions.'' The design of the vehicle ``has been tested by long use in Europe and the rest of the world'' without safety concerns being raised. An exemption would be in the public interest because the emissions ``of the small engines have been demonstrated to be lower than alternative means of transportation such as large motorcycles or automobiles.'' The introduction of ``this type of motor vehicle will provide the American consumer with a broader range of choice of low- cost transportation.''

Interested persons are invited to 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. It is requested but not required that 10 copies be submitted.

All comments received before the close of business on the comment closing date indicated below will be considered, and 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 filedafter the closing date will also be considered.

Notice of final action on the application will be published in the Federal Register pursuant to the authority indicated below.

Comment closing date: September 28, 1998.

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

Issued on August 25, 1998. L. Robert Shelton, Associate Administrator for Safety Performance Standards.

[FR Doc. 98-23241Filed8-27-98; 8:45 am]

BILLING CODE 4910-59-P