Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Notices 64741
DEPARTMENT OF TRANSPORTATION performance requirements of ECE 93/14 argues, appears at least equal to that of as well. vehicles certified to comply with National Highway Traffic Safety Piaggio averred that no other country Standard No. 123. We note that the Administration in Europe, Japan, or elsewhere in Asia vehicle meets the braking performance [Docket No. NHTSA 2000±7616; Notice 2] requires scooters to be equipped with a requirements of ECE 93/14 as well. The right foot-operated brake control. Absent comments make convincing arguments Piaggio & c., S.p.A.; Grant of an exemption, then, Piaggio will be that an exemption would be in the Application for Temporary Exemption unable to sell the Vespa ET4 in the public interest by making available a From Federal Motor Vehicle Safety United States. Piaggio ‘‘is in the process compact, fuel-efficient vehicle for urban Standard No. 123 of introducing a complete modification use that would not otherwise be of the Vespa braking system to conform available without an exemption. This notice grants the application by with FMVSS 123,’’ and intends to In consideration of the foregoing, we Piaggo & c., S.p.A. (‘‘Piaggio’’), an Italian complete its development work during hereby find that Piaggio has met its corporation, of Pontedera, Italy, for a the two-year period that its exemption burden of persuasion that, to require temporary exemption of two years from would be in effect. compliance with Standard No. 123 a requirement of S5.2.1 (Table 1) of Piaggio will not sell more than 2,500 would prevent the manufacturer from Federal Motor Vehicle Safety Standard scooters a year while an exemption is in selling a motor vehicle with an overall No. 123 Motorcycle Controls and effect. The exemption would cover level of safety at least equal to the Displays. The basis of the request was Model Year 2001 and 2002 vehicles. overall safety level of nonexempt that ‘‘compliance with the standard The company believes that an vehicles. We further find that a would prevent the manufacturer from exemption would be consistent with the temporary exemption is in the public selling a motor vehicle with an overall objectives of traffic safety because the interest and consistent with the safety level at least equal to the overall vehicle provides ‘‘for much more objectives of motor vehicle safety. safety level of nonexempt vehicles,’’ 49 natural braking response by the rider Accordingly, Piaggio & c. S.p.A. is U.S.C. 30113(b)(3)(B)(iv). than non-exempt vehicles.’’ Extended Notice of receipt of the application hereby granted NHTSA Temporary use in Europe and the rest of the world Exemption No. EX2000–3 from the was published on July 17, 2000, and an has not resulted in either consumer opportunity afforded for comment (65 requirements of item 11, Column 2, groups or governmental authorities Table 1 of 49 CFR 571.123 Standard No. FR 44093). raising any safety concerns. The Piaggio applied on behalf of its Vespa 123 Motorcycle Controls and Displays, exemption would also be in the public that the rear wheel brakes be operable ET4 (125 and 150 cc) motor scooters. interest because it is ‘‘environmentally The scooters are defined as through the right foot control. This clean and fuel efficient * * * exemption applies only to the Vespa ‘‘motorcycles’’ for purposes of convenient urban transportation.’’ ET4 and will expire on October 1, 2002. compliance with the Federal motor We received five comments, all vehicle safety standards. If a motorcycle supporting granting Piaggo’s Issued on October 23, 2000. is produced with rear wheel brakes, application. Sue Bailey, S5.2.1 of Standard No. 123 requires that Piaggio’s request is not a new one, as Administrator. the brakes be operable through the right we have exempted three other [FR Doc. 00–27724 Filed 10–27–00; 8:45 am] foot control (the left handlebar is motorcycle manufacturers from S5.2.1 BILLING CODE 4910±59±P permissible only for a motor driven (Aprilia, 64 FR 44262, re-issued at 65 FR cycle (Item 11, Table 1), i.e., a 1225; Vectrix, 64 FR 45585; and Italjet, motorcycle with a motor that produces 64 FR 58127). Our concern about a lack DEPARTMENT OF TRANSPORTATION 5 brake horsepower or less). of standardization of the rear brake Piaggio petitioned that it be allowed control for scooter-type vehicles was Surface Transportation Board to use the left handlebar as the control addressed by Aprilia in its petition [STB Docket No. AB±55 (Sub±No. 581X)] for the rear brakes of its Vespa ET4, which included a report on which is a motorcycle and not a motor ‘‘Motorscooter Braking Control Study,’’ CSX Transportation, Inc.Ð driven cycle. The model features an available for examination in Docket No. Abandonment ExemptionÐin Fayette automatic clutch that eliminates the left- NHTSA–99–4357. This report indicated and Raleigh Counties, WV hand clutch lever as well as any left-foot that test subjects’ brake reaction times gearshift lever. According to Piaggio, using a vehicle configured like Piaggio’s CSX Transportation, Inc. (CSXT) has ‘‘the motor scooter is therefore very were approximately 20% quicker than filed a verified notice of exemption similar to a bicycle, both in ergonomic their reaction times on the conventional under 49 CFR 1152 Subpart F—Exempt stance and operation.’’ The model will motorcycle. We interpreted the report as Abandonments to abandon a line of feature a hand-actuated lever on the left indicating that a rider’s braking railroad between milepost CAX0.0, near handlebar that will actuate the rear response is not likely to be degraded by Mill Creek Junction, and milepost brake, and a hand-actuated lever on the the different placement of brake CAX4.8, near Garden Ground, a distance right handlebar that will control the controls, and cited it in granting the of approximately 4.8 miles, in Fayette front brake. similar petition by Vectrix. In Piaggio’s and Raleigh Counties, WV (line). The Piaggio argued that the overall level of case, the favorable comments appear to line traverses United States Postal safety of the scooters equals or exceeds sustain our previous conclusions. We Service Zip Code 25880 (and possibly that of a motorcycle that complies with intend to initiate rulemaking to amend 25906). the brake control location requirement Standard No. 123 to address the location CSXT has certified that: (1) No local of Standard No. 123. The Vespa ET4 is of the brake control on vehicles with traffic has moved over the line for at equipped with disc brakes on the front automatic transmissions, such as the least 2 years; (2) there is no overhead wheels, and ‘‘easily meets and exceeds petitioner manufactures. traffic on the line; (3) no formal all the performance requirements of With respect to the public interest and complaint filed by a user of rail service FMVSS 122’’ for motorcycle brake the objectives of motor vehicle safety, on the line (or by a state or local systems. The vehicle meets the braking the overall level of safety, as Piaggio government agency acting on behalf of
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