[Federal Register Volume 70, Number 54 (Tuesday, March 22, 2005)]
[Notices]
[Pages 14491-14492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5579]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA 2004-18745]
Grant of Application of American Suzuki Motorcycle Corporation
for Renewals of Temporary Exemptions From Federal Motor Vehicle Safety
Standard No. 123
AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.
ACTION: Grant of application for renewals of temporary exemptions from
a Federal motor vehicle safety standard.
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SUMMARY: This notice grants the application by a motorcycle
manufacturer, American Suzuki Motorcycle Corporation (Suzuki) for
renewals of temporary exemptions from a provision in the Federal motor
vehicle safety standard on motorcycle controls and displays specifying
that a motorcycle rear brake, if provided, must be controlled by a
right foot control. We are permitting Suzuki to use the left handlebar
as an alternative location for the rear brake control. Suzuki has
asserted 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.''
DATES: The grant of the application for renewals of temporary exemption
expires December 31, 2007.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may contact
Mr. Michael Pyne, Office of Crash Avoidance Standards at (202) 366-
4171. His FAX number is: (202) 493-2739.
For legal issues, you may contact Ms. Dorothy Nakama, Office of the
Chief Counsel at (202) 366-2992. Her FAX number is: (202) 366-3820.
You may send mail to these officials at: National Highway Traffic
Safety Administration, 400 Seventh St., SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
49 U.S.C. Section 30113(b) provides the Secretary of Transportation
the authority to exempt, on a temporary basis, motor vehicles from a
motor vehicle safety standard under certain circumstances. The
exemption may be renewed, if the vehicle manufacturer reapplies. The
Secretary has delegated the authority for Section 30113(b) to NHTSA.
NHTSA has established regulations at 49 CFR Part 555, Temporary
Exemption from Motor Vehicle Safety and Bumper Standards. Part 555
provides a means by which motor vehicle manufacturers may apply for
temporary exemptions from the Federal motor vehicle safety standards on
the basis of substantial economic hardship, facilitation of the
development of new motor vehicle safety or low-emission engine
features, or existence of an equivalent overall level of motor vehicle
safety.
Federal Motor Vehicle Safety Standard (FMVSS) No. 123, Motorcycle
controls and displays (49 CFR 571.123) specifies requirements for the
location, operation, identification, and illumination of motorcycle
controls and displays, and requirements for motorcycle stands and
footrests. Among other requirements, FMVSS No. 123 specifies that for
motorcycles with rear wheel brakes, the rear wheel brakes must be
operable through the right foot control, although the left handlebar is
permissible for motor-driven cycles (See S5.2.1, and Table 1, Item 11).
Motor-driven cycles are motorcycles with
[[Page 14492]]
motors that produce 5 brake horsepower or less (See 49 CFR 571.3,
Definitions).
On November 21, 2003, NHTSA published in the Federal Register (68
FR 65667) a notice proposing two regulatory alternatives to amend FMVSS
No. 123. Each alternative would require that for certain motorcycles
without a clutch control lever, the rear brakes must be controlled by a
lever located on the left handlebar. We also requested comment on
industry practices and plans regarding controls for motorcycles with
integrated brakes. If this proposed rule is made final, the left
handlebar would be permitted as an alternative location for the rear
brake control.
II. Applications for Renewals of Temporary Exemptions From FMVSS No.
123
NHTSA has received applications for renewals of temporary exemption
from S5.2.1 and Table 1, Item 11 from American Suzuki Motorcycle
Corporation (Suzuki), a motorcycle manufacturer. Suzuki asks for
extensions of existing temporary exemptions for the Burgman 400 (also
known as the AN 400)(for Model Years (MYs) 2005 and 2006), and the
Burgman 650 (also known as the AN 650)(for MYs 2005 and 2006). Both the
Burgman 400 and Burgman 650 motorcycles are considered ``motor
scooters.''
The safety issues are identical in the case of both of these
motorcycles. Suzuki has applied to use the left handlebar as the
location for the rear brake control on its motorcycles whose engines
produce more than 5 brake horsepower (both the Burgman 400 and the
Burgman 650). The frames of each of the motorcycles have not been
designed to mount a right foot operated brake pedal (i.e., these motor
scooters have a platform for the feet and operate only through hand
controls). Applying considerable stress to this sensitive pressure
point of the motor scooter frame by putting on a foot operated brake
control could cause failure due to fatigue, unless proper design and
testing procedures are performed.
III. Why Suzuki Claims the Overall Level of Safety of the Motorcycles
Equals or Exceeds That of Nonexempted Motorcycles
Suzuki has argued that the overall level of safety of the
motorcycles covered by its petitions equals or exceeds that of a
nonexempted motorcycle for the following reasons. Suzuki has stated
that the Burgman scooters are equipped with automatic transmissions. 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, and the vehicles can be operated without
requiring special training or practice.
Suzuki provided test data with its October 4, 2002 original
temporary exemption petition showing that the Burgman 400 ``can easily
meet'' the braking performance requirements in FMVSS No. 122,
Motorcycle brake systems. Suzuki provided similar test data with its
June 2, 2002 original temporary exemption petition for the Burgman 650,
which also showed that the Burgman 650 ``can easily meet FMVSS No.
122.''
Suzuki further stated that it will not sell more than 2,500
exempted vehicles in the U.S. in any 12-month period for which an
exemption may be granted. At the end of the exemption period, Suzuki
stated that it does not intend to comply with the rear brake control
requirements of FMVSS No. 123. Under previously granted exemptions,
Suzuki sold approximately 2,702 Burgman 400 scooters and approximately
2, 947 Burgman 650 scooters over a two-year period.
IV. Why Suzuki Claims an Exemption Would Be in the Public Interest and
Would Be Consistent With the Objectives of Motor Vehicle Safety
Suzuki offered the following reason why another temporary exemption
for its motorcycles would be in the public interest and would be
consistent with the objectives of motor vehicle safety. Suzuki asserted
that the level of safety of the Burgman scooters is ``at least equal to
similar vehicles that are certified to FMVSS No. 123.'' Suzuki further
asserted that scooters like the Burgman 400 and Burgman 650 are of
interest to the public, evidenced by the number of companies that have
previously requested exemptions to sell similar products in the U.S.,
the favorable public comment on the exemption requests, and the number
of scooters sold under the granted exemptions.
V. Notification of Receipt of Applications and Public Comments
On December 3, 2004 (69 FR 70304) [Docket No. NHTSA-2004-18745], we
published a Federal Register notice announcing the receipt of
applications for renewals of exemptions from Suzuki. We published
Suzuki's reasons why the overall safety of the motorcycles equals or
exceeds that of nonexempted motorcycles, and why Suzuki claimed an
exemption would be in the public interest and would be consistent with
the objectives of motor vehicle safety. We asked for public comment on
Suzuki's application.
We received no comments in response to the December 3, 2004
document.
VI. NHTSA's Decisions on the Applications
It is evident that, unless Standard No. 123 is amended to permit or
require the left handlebar brake control on motor scooters with more
than 5 hp, Suzuki will be unable to sell its motorcycles if it does not
receive a temporary exemption from the requirement that the right foot
pedal operate the brake control. It is also evident from the previous
grants of similar petitions that we have repeatedly found that the
motorcycles exempted from the brake control location requirement of
Standard No. 123 have an overall level of safety at least equal to that
of nonexempted motorcycles.
In consideration of the foregoing, we hereby find that Suzuki has
met its burden of persuasion that to require compliance with Standard
No. 123 would prevent Suzuki 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. Therefore:
1. NHTSA Temporary Exemption No. EX02-3, exempting American Suzuki
Motorcycle Corporation 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, is hereby extended to expire on December 31, 2007. This
exemption applies only to the Burgman 400 (also known as the AN 400).
2. NHTSA Temporary Exemption No. EX02-2 exempting American Suzuki
Motorcycle Corporation 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, is hereby extended to expire on December 31, 2007. This
exemption applies only to the Burgman 650 (also known as the AN 650).
Authority: 49 U.S.C. Section 30113; delegations of authority at
49 CFR 1.50 and 501.4.
Issued on: March 16, 2005.
Jeffrey W. Runge,
Administrator.
[FR Doc. 05-5579 Filed 3-21-05; 8:45 am]
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