80 FR 21294 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Ford Motor Company
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 74 (April 17, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 74 (April 17, 2015)
| Page Range | 21294-21296 | |
| FR Document | 2015-08858 |
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)] [Notices] [Pages 21294-21296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08858] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0111] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Ford Motor Company AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA requests public comment on an application for exemption from Ford Motor Company (Ford) to allow motor carriers to operate Ford's Transit commercial motor vehicles (CMVs) that do not meet the exhaust system location requirements in the Federal Motor Carrier Safety Regulations (FMCSR). The FMCSRs require (1) the exhaust system of a bus powered by a gasoline engine to discharge to the atmosphere at or within 6 inches forward of the rearmost part of the bus and (2) the exhaust system of every truck and truck tractor to discharge to the atmosphere at a location to the rear of the cab or, if the exhaust projects above the cab, at a location near the rear of the cab. Based on the results of performance-based tests it has conducted to measure the concentration of carbon monoxide (CO) in the occupant compartment of the Transit-based CMVs, Ford believes that the location of the exhaust system on these vehicles, as currently designed, will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the [[Page 21295]] exemption. Ford is requesting the temporary exemption in advance of petitioning FMCSA to conduct a rulemaking to amend 49 CFR 393.83. DATES: Comments must be received on or before May 18, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2015-0111 using any of the following methods:Web site: http://www.regulations.gov. Follow the instructions for submitting comments on the Federal electronic docket site. Fax: 1-202-493-2251. Mail: Docket Management Facility, U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: Ground Floor, Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday-Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ``Public Participation'' heading below. 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'' heading for further information. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or to Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. Public participation: The http://www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You may find electronic submission and retrieval help and guidelines under the ``help'' section of the http://www.regulations.gov Web site as well as the DOT's http://docketsinfo.dot.gov Web site. If you would like notification that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Background Section 4007 of the Transportation Equity Act for the 21st Century (TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 2004, FMCSA published a final rule (69 FR 51589) implementing section 4007. Under this rule, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). Ford Application for Exemption Ford applied for an exemption from 49 CFR 393.83 to allow motor carriers to operate Ford-manufactured Transit-based CMVs that do not comply with the regulation's exhaust system location requirements. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.83 of the FMCSRs, ``Exhaust systems,'' includes requirements regarding the location of exhaust systems on CMVs to ensure that exhaust fumes will not affect the driver's alertness or health or the health of passengers. Specifically, section 393.83(c) states that ``The exhaust system of a bus powered by a gasoline engine shall discharge to the atmosphere at or within 6 inches forward of the rearmost part of the bus,'' and section 393.83(e) provides that ``The exhaust system of every truck and truck tractor shall discharge to the atmosphere at a location to the rear of the cab or, if the exhaust projects above the cab, at a location near the rear of the cab.'' However, the exhaust system on Ford Transit vehicles for Model Year 2015 and newer is located approximately (1) 20 inches forward of the rearmost part of the medium/long wheelbase bus or van (truck) configuration, and (2) 46 inches forward of the rearmost part of the extended length bus or van (truck) configuration. In its application, Ford notes that while its Transit-based CMVs may not satisfy the specific exhaust system location requirements in the FMCSRs, it has several internal requirements applicable to the design of the tailpipe system that ensure the system will provide high levels of safety for its customers. Specifically, Ford states: In particular, Ford's requirements address passenger compartment exhaust gas intrusion and management of high temperature components. These requirements include testing of the system and basic design requirements for the location of the tailpipe in relation to underbody components like the brake lines and fuel lines. Most significantly Ford uses internal performance based tests that demonstrate the system achieves a level of safety equivalent to or greater than, the level of safety that would be obtained by complying with the regulation. The main test of interest is the Carbon Monoxide Concentration test. This performance based test uses CO monitors at various locations in the vehicle to measure the concentration of CO ingress into the occupant compartment (from vehicles' own powertrain and exhaust system) under various driving conditions including idle and top speed. Ford tested the 2015 model year Transit in accordance with ``Ford global common engineering test procedures,'' which limits carbon monoxide (CO) levels to 27 parts-per-million (ppm) for a 30 minute Time Weighted Average (TWA) during continuous driving. Ford states that that limit is based on the Environmental Protection Agency's (EPA) Acute Exposure Guideline Level limits for CO exposure for 8 hour TWA, which is more severe than both the Occupational Safety & Health Administration's (OSHA) permissible [[Page 21296]] exposure limit of 50 ppm for an 8 hour TWA and the National Institute of Occupational Safety and Health's (NIOSH) permissible exposure limit of 35 ppm for a 10 hour TWA. Under ``worst-case conditions,'' Ford measured the CO level to be 17 ppm for the Model year 2015 Transit, well below the EPA, OSHA, and NIOSH limits. Additionally Ford states that it has internal requirements to establish the appropriate clearance required between a vehicle and the ground to meet a minimum level of on-road functionality. Ford has specific departure angle requirements for their vehicle to reduce tailpipe contact with the ground, curbs, ramps, etc., during various driving modes which may result in damage to the exhaust system that may adversely affect the exhaust function. Ford implied that the tailpipe placement used on its 2015 and future Transit-based passenger vehicles protects the exhaust system from operational damage that might expose passengers to dangerous levels of exhaust gases. The exemption application would apply to Model Year 2015 Transit- based gas bus models (all gross vehicle weight ratings), vans over 10,000 pounds gross vehicle weight rating, and corresponding future Transit-based production model years. Ford estimates the annual production of these vehicles to be similar to the current Ford Econoline vehicle, which is less than 50,000 vehicles annually. Ford acknowledges that the exhaust system location requirements in section 393.83 are intended to ensure that exhaust gases do not seep into the passenger compartment of the vehicle. However, Ford believes that the performance-based testing that it has conducted demonstrates that the design of the exhaust system for the Model Year 2015 and later Ford Transit CMVs (1) results in CO exposure limits that are well below EPA, OSHA, and NIOSH established thresholds, and (2) will maintain a level of safety that is equivalent to the level of safety achieved without the exemption. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on Ford's application for an exemption from 49 CFR 393.83. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will continue to file relevant information in the public docket that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: April 13, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-08858 Filed 4-16-15; 8:45 am] BILLING CODE 4910-EX-P
![21294 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices
Issued in Washington, DC, on April 10, information, and recommendations to NPOAG ARC as related to these issues
2015. the Administrator and the Director— and concerns. The term of service for
Mark W. Bury, (1) On the implementation of this title NPOAG ARC members is 3 years.
Assistant Chief Counsel for Regulations. [the Act] and the amendments made by Current members may re-apply for
[FR Doc. 2015–08927 Filed 4–16–15; 8:45 am] this title; another term.
BILLING CODE 4910–13–P
(2) On commonly accepted quiet On June 18, 2010, President Obama
aircraft technology for use in signed a Presidential Memorandum
commercial air tour operations over a directing agencies in the Executive
DEPARTMENT OF TRANSPORTATION national park or tribal lands, which will Branch not to appoint or re-appoint
receive preferential treatment in a given federally registered lobbyists to advisory
Federal Aviation Administration air tour management plan; committees and other boards and
(3) On other measures that might be commissions. Therefore, before
Membership in the National Parks taken to accommodate the interests of appointing an applicant to serve on the
Overflights Advisory Group Aviation visitors to national parks; and NPOAG, the FAA and NPS will require
Rulemaking Committee (4) At the request of the Administrator the prospective candidate to certify that
and the Director, safety, environmental, they are not a federally registered
AGENCY: Federal Aviation and other issues related to commercial lobbyist.
Administration, Department of air tour operations over a national park
Transportation. Issued in Hawthorne, CA, on April 9, 2015.
or tribal lands.’’
Keith Lusk,
ACTION: Notice.
Membership Program Manager, Special Programs Staff,
SUMMARY: The Federal Aviation The NPOAG ARC is made up of one Western-Pacific Region.
Administration (FAA) and the National member representing general aviation, [FR Doc. 2015–08767 Filed 4–16–15; 8:45 am]
Park Service (NPS) are inviting three members representing the BILLING CODE 4910–13–P
interested persons to apply to fill three commercial air tour industry, four
upcoming openings on the National members representing environmental
Parks Overflights Advisory Group concerns, and two members DEPARTMENT OF TRANSPORTATION
(NPOAG) Aviation Rulemaking representing Native American interests. Federal Motor Carrier Safety
Committee (ARC). The openings will Current members of the NPOAG ARC Administration
represent general aviation concerns, air are as follows:
tour operator concerns, and Native The current NPOAG consists of Heidi [Docket No. FMCSA–2015–0111]
American interests, respectively. Williams representing general aviation;
Selected members will each serve 3-year Alan Stephen, Mark Francis, and Parts and Accessories Necessary for
terms. Matthew Zuccaro representing Safe Operation; Application for an
commercial air tour operators; Michael Exemption From Ford Motor Company
DATES: Persons interested in applying
for the NPOAG openings need to apply Sutton, Mark Belles, Nicholas Miller, AGENCY: Federal Motor Carrier Safety
by May 29, 2015. and Dick Hingson representing Administration (FMCSA), DOT.
environmental interests; and Leigh ACTION: Notice of application for
FOR FURTHER INFORMATION CONTACT:
Kuwanwisiwma and Martin Begaye exemption; request for comments.
Keith Lusk, Special Programs Staff,
representing Native American interests.
Federal Aviation Administration, SUMMARY: FMCSA requests public
The 3-year membership terms of Ms.
Western-Pacific Region Headquarters, comment on an application for
Williams, Mr. Stephen, and Mr. Begaye
P.O. Box 92007, Los Angeles, CA exemption from Ford Motor Company
expire on October 9, 2015.
90009–2007, telephone: (310) 725–3808, (Ford) to allow motor carriers to operate
email: Keith.Lusk@faa.gov. Selection Ford’s Transit commercial motor
SUPPLEMENTARY INFORMATION: In order to retain balance within the vehicles (CMVs) that do not meet the
NPOAG ARC, the FAA and NPS are exhaust system location requirements in
Background
seeking candidates interested in filling the Federal Motor Carrier Safety
The National Parks Air Tour the three soon to be expiring seats. The Regulations (FMCSR). The FMCSRs
Management Act of 2000 (the Act) was three seats to be filled will represent require (1) the exhaust system of a bus
enacted on April 5, 2000, as Public Law general aviation concerns, air tour powered by a gasoline engine to
106–181. The Act required the operator concerns, and Native American discharge to the atmosphere at or within
establishment of the advisory group interests, respectively. The FAA and 6 inches forward of the rearmost part of
within 1 year after its enactment. The NPS invite persons interested in serving the bus and (2) the exhaust system of
NPOAG was established in March 2001. on the ARC to contact Mr. Keith Lusk every truck and truck tractor to
The advisory group is comprised of a (contact information is written above in discharge to the atmosphere at a
balanced group of representatives of FOR FURTHER INFORMATION CONTACT). location to the rear of the cab or, if the
general aviation, commercial air tour Requests to serve on the ARC must be exhaust projects above the cab, at a
operations, environmental concerns, made to Mr. Lusk in writing and location near the rear of the cab. Based
and Native American tribes. The postmarked or emailed on or before May on the results of performance-based
Administrator of the FAA and the 29, 2015. The request should indicate tests it has conducted to measure the
Director of NPS (or their designees) whether or not you are a member of an concentration of carbon monoxide (CO)
tkelley on DSK3SPTVN1PROD with NOTICES
serve as ex officio members of the association or group related to general in the occupant compartment of the
group. Representatives of the aviation or air tour operations or a Transit-based CMVs, Ford believes that
Administrator and Director serve member of a Native American tribe or the location of the exhaust system on
alternating 1-year terms as chairman of have another affiliation with issues these vehicles, as currently designed,
the advisory group. relating to aircraft flights over national will maintain a level of safety that is
In accordance with the Act, the parks. The request should also state equivalent to, or greater than, the level
advisory group provides ‘‘advice, what expertise you would bring to the of safety achieved without the
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![Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21295
exemption. Ford is requesting the addressed, stamped envelope or requirements regarding the location of
temporary exemption in advance of postcard or print the acknowledgment exhaust systems on CMVs to ensure that
petitioning FMCSA to conduct a page that appears after submitting exhaust fumes will not affect the
rulemaking to amend 49 CFR 393.83. comments online. driver’s alertness or health or the health
DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Mr. of passengers. Specifically, section
or before May 18, 2015. Luke W. Loy, Vehicle and Roadside 393.83(c) states that ‘‘The exhaust
ADDRESSES: You may submit comments Operations Division, Office of Bus and system of a bus powered by a gasoline
bearing the Federal Docket Management Truck Standards and Operations, MC– engine shall discharge to the
System (FDMS) Docket ID FMCSA– PSV, (202) 366–0676; Federal Motor atmosphere at or within 6 inches
2015–0111 using any of the following Carrier Safety Administration, 1200 forward of the rearmost part of the bus,’’
methods: New Jersey Avenue SE., Washington, and section 393.83(e) provides that
• Web site: http:// DC 20590–0001. ‘‘The exhaust system of every truck and
www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: truck tractor shall discharge to the
instructions for submitting comments atmosphere at a location to the rear of
Background the cab or, if the exhaust projects above
on the Federal electronic docket site.
• Fax: 1–202–493–2251. Section 4007 of the Transportation the cab, at a location near the rear of the
• Mail: Docket Management Facility, Equity Act for the 21st Century (TEA– cab.’’ However, the exhaust system on
U.S. Department of Transportation, 21) [Pub. L. 105–178, June 9, 1998, 112 Ford Transit vehicles for Model Year
Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and 2015 and newer is located
Avenue SE., Washington, DC 20590– 31136(e) to provide authority to grant approximately (1) 20 inches forward of
0001. exemptions from the Federal Motor the rearmost part of the medium/long
• Hand Delivery: Ground Floor, Room Carrier Safety Regulations (FMCSRs). wheelbase bus or van (truck)
W12–140, DOT Building, 1200 New On August 20, 2004, FMCSA published configuration, and (2) 46 inches forward
Jersey Avenue SE., Washington, DC, a final rule (69 FR 51589) implementing of the rearmost part of the extended
between 9 a.m. and 5 p.m. e.t., Monday– section 4007. Under this rule, FMCSA length bus or van (truck) configuration.
Friday, except Federal holidays. must publish a notice of each exemption In its application, Ford notes that
Instructions: All submissions must request in the Federal Register (49 CFR while its Transit-based CMVs may not
include the Agency name and docket 381.315(a)). The Agency must provide satisfy the specific exhaust system
number for this notice. For detailed the public with an opportunity to location requirements in the FMCSRs, it
inspect the information relevant to the has several internal requirements
instructions on submitting comments
application, including any safety applicable to the design of the tailpipe
and additional information on the
analyses that have been conducted. The system that ensure the system will
exemption process, see the ‘‘Public
Agency must also provide an provide high levels of safety for its
Participation’’ heading below. Note that
opportunity for public comment on the customers. Specifically, Ford states:
all comments received will be posted
request.
without change to http:// The Agency reviews the safety
In particular, Ford’s requirements address
www.regulations.gov, including any passenger compartment exhaust gas intrusion
analyses and the public comments and and management of high temperature
personal information provided. Please determines whether granting the
see the ‘‘Privacy Act’’ heading for components. These requirements include
exemption would likely achieve a level testing of the system and basic design
further information. of safety equivalent to or greater than requirements for the location of the tailpipe
Docket: For access to the docket to the level that would be achieved by the in relation to underbody components like the
read background documents or current regulation (49 CFR 381.305). brake lines and fuel lines.
comments received, go to http:// The decision of the Agency must be Most significantly Ford uses internal
www.regulations.gov or to Room W12– published in the Federal Register (49 performance based tests that demonstrate the
140, DOT Building, 1200 New Jersey system achieves a level of safety equivalent
CFR 381.315(b)). If the Agency denies to or greater than, the level of safety that
Avenue SE., Washington, DC, between 9 the request, it must state the reason for
a.m. and 5 p.m., Monday through would be obtained by complying with the
doing so. If the decision is to grant the regulation. The main test of interest is the
Friday, except Federal holidays. exemption, the notice must specify the Carbon Monoxide Concentration test. This
Privacy Act: In accordance with 5 person or class of persons receiving the performance based test uses CO monitors at
U.S.C. 553(c), DOT solicits comments exemption and the regulatory provision various locations in the vehicle to measure
from the public to better inform its or provisions from which an exemption the concentration of CO ingress into the
rulemaking process. DOT posts these is granted. The notice must specify the occupant compartment (from vehicles’ own
comments, without edit, including any powertrain and exhaust system) under
effective period of the exemption (up to
personal information the commenter various driving conditions including idle and
2 years) and explain the terms and top speed.
provides, to www.regulations.gov, as conditions of the exemption. The
described in the system of records exemption may be renewed (49 CFR Ford tested the 2015 model year
notice (DOT/ALL–14 FDMS), which can 381.315(c) and 49 CFR 381.300(b)). Transit in accordance with ‘‘Ford global
be reviewed at www.dot.gov/privacy. common engineering test procedures,’’
Public participation: The http:// Ford Application for Exemption which limits carbon monoxide (CO)
www.regulations.gov Web site is Ford applied for an exemption from levels to 27 parts-per-million (ppm) for
generally available 24 hours each day, 49 CFR 393.83 to allow motor carriers a 30 minute Time Weighted Average
365 days each year. You may find to operate Ford-manufactured Transit- (TWA) during continuous driving. Ford
tkelley on DSK3SPTVN1PROD with NOTICES
electronic submission and retrieval help based CMVs that do not comply with states that that limit is based on the
and guidelines under the ‘‘help’’ section the regulation’s exhaust system location Environmental Protection Agency’s
of the http://www.regulations.gov Web requirements. A copy of the application (EPA) Acute Exposure Guideline Level
site as well as the DOT’s http:// is included in the docket referenced at limits for CO exposure for 8 hour TWA,
docketsinfo.dot.gov Web site. If you the beginning of this notice. which is more severe than both the
would like notification that we received Section 393.83 of the FMCSRs, Occupational Safety & Health
your comments, please include a self- ‘‘Exhaust systems,’’ includes Administration’s (OSHA) permissible
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![21296 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices
exposure limit of 50 ppm for an 8 hour Comments received after the comment 1200 New Jersey Avenue SE.,
TWA and the National Institute of closing date will be filed in the public Washington, DC, between 9 a.m. and 5
Occupational Safety and Health’s docket and will be considered to the p.m., Monday through Friday, except
(NIOSH) permissible exposure limit of extent practicable. In addition to late Federal Holidays.
35 ppm for a 10 hour TWA. Under comments, FMCSA will continue to file • Fax: 1–202–493–2251.
‘‘worst-case conditions,’’ Ford measured relevant information in the public Each submission must include the
the CO level to be 17 ppm for the Model docket that becomes available after the Agency name and the docket ID for this
year 2015 Transit, well below the EPA, comment closing date. Interested Notice. Note that DOT posts all
OSHA, and NIOSH limits. persons should continue to examine the comments received without change to
Additionally Ford states that it has public docket for new material. www.regulations.gov, including any
internal requirements to establish the Issued on: April 13, 2015. personal information included in a
appropriate clearance required between Larry W. Minor,
comment. Please see the Privacy Act
a vehicle and the ground to meet a heading below.
Associate Administrator for Policy.
minimum level of on-road functionality. Docket: For access to the docket to
[FR Doc. 2015–08858 Filed 4–16–15; 8:45 am] read background documents or
Ford has specific departure angle
BILLING CODE 4910–EX–P comments, go to www.regulations.gov,
requirements for their vehicle to reduce
tailpipe contact with the ground, curbs, at any time or Room W12–140 on the
ramps, etc., during various driving ground level of the West Building, 1200
DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., Washington,
modes which may result in damage to
the exhaust system that may adversely Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., Monday
affect the exhaust function. Ford Administration through Friday, except Federal holidays.
implied that the tailpipe placement The FDMS is available 24 hours each
used on its 2015 and future Transit- [Docket No. FMCSA–2014–0373] day, 365 days each year. If you want
based passenger vehicles protects the acknowledgment that we received your
Qualification of Drivers; Exemption comments, please include a self-
exhaust system from operational
Applications; Narcolepsy addressed, stamped envelope or
damage that might expose passengers to
dangerous levels of exhaust gases. AGENCY: Federal Motor Carrier Safety postcard or print the acknowledgement
The exemption application would Administration (FMCSA), DOT. page that appears after submitting
apply to Model Year 2015 Transit-based ACTION: Notice of applications for comments on-line.
gas bus models (all gross vehicle weight exemption; request for comments. Privacy Act: In accordance with 5
ratings), vans over 10,000 pounds gross U.S.C. 553(c), DOT solicits comments
vehicle weight rating, and SUMMARY: FMCSA announces receipt of from the public to better inform its
corresponding future Transit-based applications from three individuals for rulemaking process. DOT posts these
production model years. Ford estimates an exemption from the prohibitions comments, without edit, including any
the annual production of these vehicles against operating a commercial motor personal information the commenter
to be similar to the current Ford vehicle (CMV) in interstate commerce provides, to www.regulations.gov, as
Econoline vehicle, which is less than by persons with either a clinical described in the system records notice
50,000 vehicles annually. diagnosis of a condition that is likely to (DOT/ALL–14 FDMS), which can be
Ford acknowledges that the exhaust cause a loss of consciousness or any loss reviewed at www.dot.gov/privacy.
system location requirements in section of ability to operate a CMV safely, [49 FOR FURTHER INFORMATION CONTACT:
393.83 are intended to ensure that CFR 391.41(b)(8)], or a mental, nervous, Charles A. Horan, III, Director, Office of
exhaust gases do not seep into the organic, or functional disease or Carrier, Driver and Vehicle Safety, (202)
passenger compartment of the vehicle. psychiatric disorder likely to interfere 366–4001, or via email at
However, Ford believes that the with his/her ability to drive a fmcsamedical@dot.gov, or by letter to
performance-based testing that it has commercial motor vehicle safely, [49 FMCSA, Room W64–113, Department of
conducted demonstrates that the design CFR391.41(b)(9)]. If granted, the Transportation, 1200 New Jersey
of the exhaust system for the Model exemption would enable these Avenue SE., Washington, DC 20590–
Year 2015 and later Ford Transit CMVs individuals who have been diagnosed 0001. Office hours are from 8:30 a.m. to
(1) results in CO exposure limits that are with narcolepsy and are receiving 5 p.m., Monday through Friday, except
well below EPA, OSHA, and NIOSH medical treatment to operate CMVs for Federal holidays.
established thresholds, and (2) will 2 years in interstate commerce. SUPPLEMENTARY INFORMATION:
maintain a level of safety that is DATES: Comments must be received on
equivalent to the level of safety or before May 18, 2015. Background
achieved without the exemption. ADDRESSES: You may submit comments FMCSA has authority under 49 U.S.C.
bearing the Federal Docket Management 31136(e) and 31315 to grant exemptions
Request for Comments
System (FDMS) Docket ID FMCSA– from certain parts of the Federal Motor
In accordance with 49 U.S.C. 31315 2012–0081 using any of the following Carrier Safety Regulations. FMCSA must
and 31136(e), FMCSA requests public methods: publish a notice of each exemption
comment from all interested persons on • Federal eRulemaking Portal: Go to request in the Federal Register [49 CFR
Ford’s application for an exemption www.regulations.gov. Follow the on-line 381.315(a)]. The Agency must provide
from 49 CFR 393.83. All comments instructions for submitting comments. the public an opportunity to inspect the
• Mail: Docket Management Facility;
tkelley on DSK3SPTVN1PROD with NOTICES
received before the close of business on information relevant to the application,
the comment closing date indicated at U.S. Department of Transportation, 1200 including any safety analyses that have
the beginning of this notice will be New Jersey Avenue SE., West Building been conducted. The Agency must also
considered and will be available for Ground Floor, Room W12–140, provide an opportunity for public
examination in the docket at the Washington, DC 20590–0001. comment on the request.
location listed under the ADDRESSES • Hand Delivery or Courier: West The Agency reviews safety analyses
section of this notice. Building Ground Floor, Room W12–140, and public comments submitted, and
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Document Created: 2015-12-18 11:20:31
Document Modified: 2015-12-18 11:20:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before May 18, 2015. | |
| Contact | Mr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 80 FR 21294 |
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