[Federal Register: April 26, 1999 (Volume 64, Number 79)]
[Notices]               
[Page 20353-20354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap99-150]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA 99-5541; Notice 1]

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

    Vectrix Corporation of New Bedford, Massachusetts, has applied 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 is that ``the exemption would 
make the development or field evaluation of a low-emission vehicle 
easier and would not unreasonably lower the safety level of that 
vehicle,'' 49 U.S.C. Sec. 30113(b)(3)(B)(iii).
    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.
    According to the application, the Vectrix Electric Scooter is 
``powered exclusively by an electric motor which draws current from ten 
12-volt lead-acid batteries wired in series,'' and is a ``low-emission 
vehicle'' within the meaning of the statute.
    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). Vectrix would like to use the left handlebar 
as the control for the rear

[[Page 20354]]

brakes of its Electric Scooter whose ``peak motor output of 26 
horsepower'' produces more than the 5 hp maximum that separates motor 
driven cycles from motorcycles. The Electric Scooter can attain speeds 
up to 60 mph. The gear ratio of the vehicle is fixed, and ``there is no 
need for the rider to shift gears, as on a standard motorcycle.'' 
Because of this, the Electric Scooter ``is equipped with neither a 
clutch nor a clutch lever, and the left hand of the rider is free to 
operate a brake lever.'' Vectrix states that it prefers this design, 
given its focus on European and Asian markets ``where rear brake 
controls for scooters of all horsepower ratings are typically mounted 
on the left handlebar.''
    Vectrix argues that a left handlebar rear-brake control ``will not 
`unreasonably degrade the safety of the vehicle,' compared to a fully 
compliant vehicle equipped with a right foot, rear brake pedal.'' It 
believes that ``vehicle safety might be somewhat enhanced with the left 
hand brake lever, as the hand (bare or gloved) is generally more 
capable of sensitive modulation of the braking force than the foot.'' 
It also argues that the prevalence of this design in other countries 
attests to the fact that this type of vehicle ``can be operated 
safely.''
    Vectrix intends to field test ``a small fleet'' of Electric 
Scooters, to assess ``any weaknesses in the design before production 
begins in summer, 1999.'' Requiring it to redesign the Electric Scooter 
to incorporate a rear brake foot pedal would delay the road test 
program by six months. While an exemption is in effect, Vectrix would 
consider whether the U.S. scooter market offered sufficient sales 
potential to justify creation of a U.S.-specific design incorporating a 
right foot brake pedal. Alternatively, it might petition NHTSA for 
rulemaking to ``allow the rear brake to be operated by a lever mounted 
on the left handlebar for all motorcycles designed without a clutch.''
    The applicant anticipates sales of 600 Electric Scooters while an 
exemption is in effect. It believes that an exemption would be in the 
public interest and consistent with the objectives of traffic safety 
``because it would maintain an acceptable level of safety while 
accelerating the advancement of an important new class of vehicles for 
use by consumers and businesses.''
    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 filed after 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: May 26, 1999.
(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 501.8)

    Issued on April 16, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-10315 Filed 4-23-99; 8:45 am]
BILLING CODE 4910-59-P