80_FR_79059 80 FR 78817 - Columbia Body Manufacturing Co.; Receipt of Petition for Temporary Exemption From FMVSS No. 224

80 FR 78817 - Columbia Body Manufacturing Co.; Receipt of Petition for Temporary Exemption From FMVSS No. 224

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 80, Issue 242 (December 17, 2015)

Page Range78817-78819
FR Document2015-31709

In accordance with 49 CFR part 555, NHTSA seeks comments on a petition for exemption from Federal Motor Vehicle Safety Standard (FMVSS) No. 224, Rear impact protection by Columbia Body Manufacturing Co. (``Columbia Body'' or ``petitioner'') of Clackamas, Oregon. Columbia Body is seeking a three year exemption from the standard, asserting that compliance with the standard would cause substantial economic hardship to a manufacturer that has tried in good faith to comply with the standard. We are publishing this notice of receipt of the application in accordance with our exemption regulations. This action does not mean that we have made a judgment about the merits of the application.

Federal Register, Volume 80 Issue 242 (Thursday, December 17, 2015) 
[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78817-78819]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31709]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0125]


Columbia Body Manufacturing Co.; Receipt of Petition for 
Temporary Exemption From FMVSS No. 224

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of receipt of petition for temporary exemption from 
FMVSS No. 224, Rear Impact Protection; request for comment.

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SUMMARY: In accordance with 49 CFR part 555, NHTSA seeks comments on a 
petition for exemption from Federal Motor Vehicle Safety Standard 
(FMVSS) No. 224, Rear impact protection by Columbia Body Manufacturing 
Co. (``Columbia Body'' or ``petitioner'') of Clackamas, Oregon. 
Columbia Body is seeking a three year exemption from the standard, 
asserting that compliance with the standard would cause substantial 
economic hardship to a manufacturer that has tried in good faith to 
comply with the standard. We are publishing this notice of receipt of 
the application in accordance with our exemption regulations. This 
action does not mean that we have made a judgment about the merits of 
the application.

DATES: Comments on this petition must be submitted by January 4, 2016.

FOR FURTHER INFORMATION CONTACT: For legal questions, contact Mr. Ryan 
Hagen, Office of the Chief Counsel, NCC-112, National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue SE., West Building 4th 
Floor, Washington, DC 20590. Telephone: (202) 366-2992; Fax: (202) 366-
3820. For technical questions, contact Mr. Robert Mazurowski, Office of 
Crashworthiness Standards, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., West Building 4th Floor, 
Washington, DC 20590. Telephone: (202) 366-1012; Fax: (202) 493-2990.

ADDRESSES: You may submit your comment, identified by the docket number 
in the heading of this document, by any of the following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the electronic docket site by 
clicking on ``Help and Information'' or ``Help/Info.''
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590.
     Hand Delivery: 1200 New Jersey Avenue SE., West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number. 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 discussion below. We 
will consider all comments received before the close of business on the 
comment closing date indicated above. To the extent possible, we will 
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays. Telephone: (202) 366-9826.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://www.dot.gov/privacy.html.
    Confidential Business Information: If you wish to submit any 
information under a claim of confidentiality, you should submit three 
copies of your complete submission, including the information you claim 
to be confidential business information, to the Chief Counsel, NHTSA, 
at the address given under FOR FURTHER INFORMATION CONTACT. In 
addition, you should submit a copy, from which you have deleted the 
claimed confidential business information, to the Docket at the address 
given above. When you send a comment containing information claimed to 
be confidential business information, you should include a cover letter 
setting forth the information specified in our confidential business 
information regulation (49 CFR part 512).

SUPPLEMENTARY INFORMATION:

A. Statutory Authority for Temporary Exemptions

    The National Traffic and Motor Vehicle Safety Act (Safety Act), 
codified at 49 U.S.C. Chapter 301, provides the Secretary of 
Transportation authority to exempt, on a temporary basis and under 
specified circumstances, motor vehicles from a motor vehicle safety 
standard or bumper standard. This authority is set forth at 49 U.S.C. 
30113. The Secretary of Transportation has delegated the authority for 
implementing this section to NHTSA.
    In recognition of the more limited resources and capabilities of 
small manufacturers, authority to grant exemptions based on substantial 
economic hardship and good faith efforts is provided in the Safety Act 
to enable the agency to give those manufacturers additional time to 
comply with the Federal safety standards. The Safety Act authorizes the 
Secretary to grant a temporary exemption to a manufacturer whose total 
motor vehicle production in the most recent year of production is not 
more than 10,000 motor vehicles, on such terms as the Secretary deems 
appropriate, if the exemption would be consistent with the public 
interest and the Safety Act and ``compliance with the standard would 
cause substantial economic hardship to a manufacturer that has tried to 
comply with the standard in good faith.'' (49 U.S.C. Sec.  
30113(b)(3)(B)(i)).
    NHTSA established 49 CFR part 555, Temporary Exemption from Motor 
Vehicle Safety and Bumper Standards, to implement the statutory 
provisions concerning temporary exemptions. Under Part 555, a 
petitioner must provide specified information in submitting a petition 
for exemption. These requirements are specified in 49 CFR 555.5, and 
include a number of items. Foremost among them are that the petitioner 
must set forth the basis of the application under Sec.  555.6, and the 
reasons why the exemption would be in the public interest and 
consistent with the objectives of the Safety Act (49

[[Page 78818]]

U.S.C. Chapter 301).\1\ A manufacturer is eligible to apply for a 
hardship exemption if its total motor vehicle production in its most 
recent year of production did not exceed 10,000 vehicles, as determined 
by the NHTSA Administrator (49 U.S.C. 30113).
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    \1\ While 49 U.S.C. 30113(b) states that exemptions from a 
Safety Act standard are to be granted on a ``temporary basis,'' (49 
U.S.C. 30113(b)(1)) the statute also expressly provides for renewal 
of an exemption on reapplication. Manufacturers are nevertheless 
cautioned that the agency's decision to grant an initial petition in 
no way predetermines that the agency will repeatedly grant renewal 
petitions, thereby imparting semi-permanent status to an exemption 
from a safety standard. Exempted manufacturers seeking renewal must 
bear in mind that the agency is directed to consider financial 
hardship as but one factor, along with the manufacturer's ongoing 
good faith efforts to comply with the regulation, the public 
interest, consistency with the Safety Act, generally, as well as 
other such matters provided in the statute.
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B. Rear Impact Protection

    FMVSS No. 224, Rear impact protection,\2\ requires that all 
trailers with a gross vehicle weight rating (GVWR) of 4,536 kilograms 
(kg) (10,000 pounds (lb)) or more be fitted with a rear impact guard 
that conforms to FMVSS No. 223, Rear impact guards.\3\ This 
requirement, however, has presented problems for certain specialized 
vehicles, such as road construction vehicles where interaction between 
the rear impact guard and the specialized paving or dumping equipment 
can cause engineering challenges. In 2004, NHTSA finalized a rule that 
excludes road construction controlled horizontal discharge semitrailers 
(RCC horizontal discharge trailers), which discharge asphalt to a 
paving machine by use of a mechanical drive and conveyor belt.\4\ In 
that final rule, NHTSA concluded that the installation of rear impact 
guards would interfere with the intended function of the trailers and 
were impractical, given the design and mission of these trailers.
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    \2\ 49 CFR 571.224.
    \3\ 49 CFR 571.223.
    \4\ 69 FR 67663 (November 19, 2004). Available at: https://www.federalregister.gov/articles/2004/11/19/04-25703/federal-motor-vehicle-safety-standards-rear-impact-guards-final-rule (last 
accessed on November 5, 2015).
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    The 2004 final rule decided against a regulatory exemption for 
gravity feed dump trailers, which do not have the mechanical drive and 
conveyor belt as discussed above, because gravity feed dump trailers 
can be versatile vehicles used for a wide variety of tasks. Creating an 
exemption in the regulation itself for gravity feed dump trailers could 
potentially permit a large vehicle population with greater exposure 
than RCC horizontal discharge trailers to be exempted from the 
standard. Instead, NHTSA anticipated dealing with gravity feed dump 
trailers through the exemption process.\5\ Prior to that final rule, 
NHTSA had granted an exemption to gravity feed dump trailers 
manufactured by Columbia Body.\6\ Since that final rule, NHTSA has 
continued to grant exemptions to manufacturers of gravity feed dump 
trailer manufacturers through the procedures in 49 CFR part 555.\7\
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    \5\ Id. at 67666.
    \6\ 68 FR 7406 (February 13, 2003). Available at: http://www.regulations.gov/contentStreamer?documentId=NHTSA-2002-13955-0004&disposition=attachment&contentType=pdf (last accessed on 
November 6, 2015).
    \7\ See: 69 FR 30989 (June 1, 2004), available at: https://www.federalregister.gov/articles/2004/06/01/04-12334/reliance-trailer-co-llc-grant-of-application-for-renewal-of-temporary-exemption-from-federal-motor (last accessed on November 6, 2015), 
and 74 FR 42142 (August 20, 2009), available at: https://www.federalregister.gov/articles/2009/08/20/E9-19956/beall-corporation-grant-of-application-for-a-temporary-exemption-from-fmvss-no-224 (last accessed on November 9, 2015).
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C. Overview of Columbia Body's Petition

    In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR 
part 555, Columbia Body of Clackamas, Oregon, a trailer manufacturer, 
has petitioned the agency for a three year temporary exemption from the 
rear impact protection requirements in FMVSS No. 224 based on 
substantial economic hardship.
    Columbia Body is a small business that currently employs 40 full 
time employees and has annual sales of $5-6,000,000. It produces two, 
three, and four axle ``dump style'' trailers that use a hydraulic hoist 
to raise the front end of the trailer and discharge its load through 
the tailgate. Columbia Body has produced an average of 17 non-gravity 
feed dump trailers a year over the last three years. Recently, many of 
Columbia Body's gravity feed dump body competitors have gone bankrupt, 
leading purchasers to request the trailers from Columbia Body. Given 
the recent requests, Columbia Body seeks to ensure it is able to fill 
any potential orders. If the exemption were granted, Columbia Body 
projects that it would sell no more than 50 of the exempted trailers 
per year. Columbia Body states that the trailers in question are 
designed specifically for use with paving machines. Without an 
exemption, Columbia Body states it will suffer substantial economic 
hardship, projecting it will have to lay off seven or eight of its 40 
employees starting in 2016.
    In its application, Columbia Body provides specific financial 
information from the last three years. In 2012, Columbia Body posted a 
net loss of $108,000, followed by a $215,000 loss in 2013. In 2014, it 
posted a net profit of $302,000. If an exemption is not granted, 
Columbia Body projects it will post a $169,000 net profit for 2016, in 
comparison to $1 million net profit if an exemption is granted.
    Columbia Body states that it has put forth a good faith effort to 
comply with FMVSS No. 224, however, is not possible for the company to 
do so at a price, and with the utility its customers require. 
Specifically, the rear end of the type of trailer in question 
interfaces with the front end of an asphalt paving machine, dumping hot 
asphalt into the paving machine's receiver. To establish this 
connection, the paving machine hooks to the rear wheels of the dump 
trailer. In order to prevent asphalt from spilling out while being 
transferred from the dump trailer to the paving machine, the paving 
machine fits 16 to 18 inches beneath the bottom of the dump trailer. 
The interaction between the dump trailer and paving machine occurs in 
the space where an underride guard would otherwise reside.
    Columbia Body states that it has looked into possible solutions to 
this problem, including $50,000 in research in 2005 and 2006 to 
evaluate solutions to comply with FMVSS No. 224. One solution included 
adding removable underride guards. Columbia Body states, however, that 
``[e]ven if we could install a removable underride guard it will put 
equipment operators in an unsafe situation installing and removing the 
guard.'' The petitioner states that the area where a removable 
underride guard would be installed is often covered in asphalt buildup. 
Additionally, Columbia Body believes that the cleaning, maintenance, 
and heavy impacts on the underride guard and the area immediately 
around it when contacting the paving machine would affect the 
structural integrity of the underride guard.
    Another solution Columbia Body states it looked into involved 
constructing a sub-frame ``with the ability to slide the dump body 
forward when in transit and slide it to the rear to provide the proper 
over hang [sic] when paving.'' Columbia Body states that although this 
design is possible, conversations with prospective customers indicate 
the design ``would not be acceptable'' because of the added cost and 
weight associated with building such a structure.
    Columbia Body states that so long as the paving industry continues 
to use the same method of paving roads, it remains a physical 
impossibility to manufacture

[[Page 78819]]

this type of trailer and comply with FMVSS No. 224.
    In support of its petition for exemption, Columbia Body notes that 
gravity feed dump trailers see limited highway exposure due to their 
function. Specifically, the trailers themselves are on the road for 
short periods of time. ``Asphalt batch plants are typically set close 
to the paving activity to limit time traveling between the two paving 
activities.'' Additionally, the petitioner states that in many 
instances, these paving machines are often performing their transport 
tasks away from the driving public in restricted access construction 
areas.
    Finally, Columbia Body believes its ability to obtain an exemption 
is in the public interest. Columbia Body has informed NHTSA that 
customers requesting its gravity feed dump trailers are doing so in 
order to pave local roadways. Many purchasers are local municipalities, 
or companies that support local municipalities in creating and 
maintaining roads for the traveling public. Therefore, the petitioner 
believes supplying gravity feed dump trailers is in the public 
interest.

D. Completeness and Comment Period

    Upon receiving a petition, NHTSA conducts an initial review of the 
petition with respect to whether the petition is complete and whether 
the petitioner appears to be eligible to apply for the requested 
exemption. The agency has concluded that Columbia Body's petition is 
complete and that it is eligible to apply for a temporary exemption. 
The agency has not made any judgment on the merits of the application. 
NHTSA has placed a non-confidential copy of the petition in the docket.
    The agency seeks comment from the public on the merits of Columbia 
Body's petition for a temporary exemption from FMVSS No. 224. After 
considering public comments and other available information, we will 
publish a notice of final action on the petition in the Federal 
Register.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-31709 Filed 12-16-15; 8:45 am]
 BILLING CODE 4910-59-P

Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices 78817 Authority: 23 U.S.C. 315; 49 CFR 1.48. document, by any of the following submit a copy, from which you have Issued on: December 10, 2015. methods: deleted the claimed confidential Mark J. Clausen, • Web site: http:// business information, to the Docket at www.regulations.gov. Follow the the address given above. When you send Engineering and Operations Supervisor, Federal Highway Administration, Pierre, instructions for submitting comments a comment containing information South Dakota. on the electronic docket site by clicking claimed to be confidential business [FR Doc. 2015–31698 Filed 12–16–15; 8:45 am] on ‘‘Help and Information’’ or ‘‘Help/ information, you should include a cover Info.’’ letter setting forth the information BILLING CODE 4910–22–P • Fax: 1–202–493–2251. specified in our confidential business • Mail: U.S. Department of information regulation (49 CFR part Transportation, Docket Operations, M– 512). DEPARTMENT OF TRANSPORTATION 30, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: National Highway Traffic Safety Administration • Hand Delivery: 1200 New Jersey A. Statutory Authority for Temporary Avenue SE., West Building Ground [Docket No. NHTSA–2015–0125] Exemptions Floor, Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., Monday The National Traffic and Motor Columbia Body Manufacturing Co.; through Friday, except Federal Vehicle Safety Act (Safety Act), codified Receipt of Petition for Temporary Holidays. at 49 U.S.C. Chapter 301, provides the Exemption From FMVSS No. 224 • Federal eRulemaking Portal: Go to Secretary of Transportation authority to AGENCY: National Highway Traffic http://www.regulations.gov. Follow the exempt, on a temporary basis and under Safety Administration (NHTSA), online instructions for submitting specified circumstances, motor vehicles Department of Transportation (DOT). comments. from a motor vehicle safety standard or Instructions: All submissions must bumper standard. This authority is set ACTION: Notice of receipt of petition for include the agency name and docket forth at 49 U.S.C. 30113. The Secretary temporary exemption from FMVSS No. number. Note that all comments 224, Rear Impact Protection; request for of Transportation has delegated the received will be posted without change authority for implementing this section comment. to http://www.regulations.gov, including to NHTSA. SUMMARY: In accordance with 49 CFR any personal information provided. In recognition of the more limited part 555, NHTSA seeks comments on a Please see the Privacy Act discussion resources and capabilities of small petition for exemption from Federal below. We will consider all comments manufacturers, authority to grant Motor Vehicle Safety Standard (FMVSS) received before the close of business on exemptions based on substantial No. 224, Rear impact protection by the comment closing date indicated economic hardship and good faith Columbia Body Manufacturing Co. above. To the extent possible, we will efforts is provided in the Safety Act to (‘‘Columbia Body’’ or ‘‘petitioner’’) of also consider comments filed after the enable the agency to give those Clackamas, Oregon. Columbia Body is closing date. manufacturers additional time to seeking a three year exemption from the Docket: For access to the docket to comply with the Federal safety standard, asserting that compliance with read background documents or standards. The Safety Act authorizes the the standard would cause substantial comments received, go to http:// Secretary to grant a temporary economic hardship to a manufacturer www.regulations.gov at any time or to exemption to a manufacturer whose that has tried in good faith to comply 1200 New Jersey Avenue SE., West total motor vehicle production in the with the standard. We are publishing Building Ground Floor, Room W12–140, most recent year of production is not this notice of receipt of the application Washington, DC 20590, between 9 a.m. more than 10,000 motor vehicles, on in accordance with our exemption and 5 p.m., Monday through Friday, such terms as the Secretary deems regulations. This action does not mean except Federal Holidays. Telephone: appropriate, if the exemption would be that we have made a judgment about the (202) 366–9826. Privacy Act: Anyone is able to search consistent with the public interest and merits of the application. the Safety Act and ‘‘compliance with the electronic form of all comments DATES: Comments on this petition must received into any of our dockets by the the standard would cause substantial be submitted by January 4, 2016. name of the individual submitting the economic hardship to a manufacturer FOR FURTHER INFORMATION CONTACT: For comment (or signing the comment, if that has tried to comply with the legal questions, contact Mr. Ryan Hagen, submitted on behalf of an association, standard in good faith.’’ (49 U.S.C. Office of the Chief Counsel, NCC–112, business, labor union, etc.). You may § 30113(b)(3)(B)(i)). National Highway Traffic Safety review DOT’s complete Privacy Act NHTSA established 49 CFR part 555, Administration, 1200 New Jersey Statement in the Federal Register Temporary Exemption from Motor Avenue SE., West Building 4th Floor, published on April 11, 2000 (Volume Vehicle Safety and Bumper Standards, Washington, DC 20590. Telephone: 65, Number 70; Pages 19477–78) or you to implement the statutory provisions (202) 366–2992; Fax: (202) 366–3820. may visit http://www.dot.gov/ concerning temporary exemptions. For technical questions, contact Mr. privacy.html. Under Part 555, a petitioner must Robert Mazurowski, Office of Confidential Business Information: If provide specified information in Crashworthiness Standards, National you wish to submit any information submitting a petition for exemption. asabaliauskas on DSK5VPTVN1PROD with NOTICES Highway Traffic Safety Administration, under a claim of confidentiality, you These requirements are specified in 49 1200 New Jersey Avenue SE., West should submit three copies of your CFR 555.5, and include a number of Building 4th Floor, Washington, DC complete submission, including the items. Foremost among them are that 20590. Telephone: (202) 366–1012; Fax: information you claim to be confidential the petitioner must set forth the basis of (202) 493–2990. business information, to the Chief the application under § 555.6, and the ADDRESSES: You may submit your Counsel, NHTSA, at the address given reasons why the exemption would be in comment, identified by the docket under FOR FURTHER INFORMATION the public interest and consistent with number in the heading of this CONTACT. In addition, you should the objectives of the Safety Act (49 VerDate Sep<11>2014 16:53 Dec 16, 2015 Jkt 238001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1

78818 Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices U.S.C. Chapter 301).1 A manufacturer is NHTSA anticipated dealing with gravity Columbia Body posted a net loss of eligible to apply for a hardship feed dump trailers through the $108,000, followed by a $215,000 loss in exemption if its total motor vehicle exemption process.5 Prior to that final 2013. In 2014, it posted a net profit of production in its most recent year of rule, NHTSA had granted an exemption $302,000. If an exemption is not production did not exceed 10,000 to gravity feed dump trailers granted, Columbia Body projects it will vehicles, as determined by the NHTSA manufactured by Columbia Body.6 post a $169,000 net profit for 2016, in Administrator (49 U.S.C. 30113). Since that final rule, NHTSA has comparison to $1 million net profit if an continued to grant exemptions to exemption is granted. B. Rear Impact Protection manufacturers of gravity feed dump Columbia Body states that it has put FMVSS No. 224, Rear impact trailer manufacturers through the forth a good faith effort to comply with protection,2 requires that all trailers procedures in 49 CFR part 555.7 FMVSS No. 224, however, is not with a gross vehicle weight rating possible for the company to do so at a (GVWR) of 4,536 kilograms (kg) (10,000 C. Overview of Columbia Body’s Petition price, and with the utility its customers pounds (lb)) or more be fitted with a require. Specifically, the rear end of the rear impact guard that conforms to In accordance with 49 U.S.C. 30113 type of trailer in question interfaces FMVSS No. 223, Rear impact guards.3 and the procedures in 49 CFR part 555, with the front end of an asphalt paving This requirement, however, has Columbia Body of Clackamas, Oregon, a machine, dumping hot asphalt into the presented problems for certain trailer manufacturer, has petitioned the paving machine’s receiver. To establish specialized vehicles, such as road agency for a three year temporary this connection, the paving machine construction vehicles where interaction exemption from the rear impact hooks to the rear wheels of the dump between the rear impact guard and the protection requirements in FMVSS No. trailer. In order to prevent asphalt from specialized paving or dumping 224 based on substantial economic spilling out while being transferred from equipment can cause engineering hardship. the dump trailer to the paving machine, challenges. In 2004, NHTSA finalized a Columbia Body is a small business the paving machine fits 16 to 18 inches rule that excludes road construction that currently employs 40 full time beneath the bottom of the dump trailer. controlled horizontal discharge employees and has annual sales of $5– The interaction between the dump semitrailers (RCC horizontal discharge 6,000,000. It produces two, three, and four axle ‘‘dump style’’ trailers that use trailer and paving machine occurs in the trailers), which discharge asphalt to a space where an underride guard would paving machine by use of a mechanical a hydraulic hoist to raise the front end of the trailer and discharge its load otherwise reside. drive and conveyor belt.4 In that final through the tailgate. Columbia Body has Columbia Body states that it has rule, NHTSA concluded that the produced an average of 17 non-gravity looked into possible solutions to this installation of rear impact guards would feed dump trailers a year over the last problem, including $50,000 in research interfere with the intended function of three years. Recently, many of Columbia in 2005 and 2006 to evaluate solutions the trailers and were impractical, given Body’s gravity feed dump body to comply with FMVSS No. 224. One the design and mission of these trailers. competitors have gone bankrupt, solution included adding removable The 2004 final rule decided against a leading purchasers to request the trailers underride guards. Columbia Body states, regulatory exemption for gravity feed from Columbia Body. Given the recent however, that ‘‘[e]ven if we could install dump trailers, which do not have the requests, Columbia Body seeks to ensure a removable underride guard it will put mechanical drive and conveyor belt as it is able to fill any potential orders. If equipment operators in an unsafe discussed above, because gravity feed the exemption were granted, Columbia situation installing and removing the dump trailers can be versatile vehicles Body projects that it would sell no more guard.’’ The petitioner states that the used for a wide variety of tasks. Creating than 50 of the exempted trailers per area where a removable underride guard an exemption in the regulation itself for year. Columbia Body states that the would be installed is often covered in gravity feed dump trailers could trailers in question are designed asphalt buildup. Additionally, potentially permit a large vehicle specifically for use with paving Columbia Body believes that the population with greater exposure than machines. Without an exemption, cleaning, maintenance, and heavy RCC horizontal discharge trailers to be Columbia Body states it will suffer impacts on the underride guard and the exempted from the standard. Instead, substantial economic hardship, area immediately around it when 1 While 49 U.S.C. 30113(b) states that exemptions projecting it will have to lay off seven contacting the paving machine would from a Safety Act standard are to be granted on a or eight of its 40 employees starting in affect the structural integrity of the ‘‘temporary basis,’’ (49 U.S.C. 30113(b)(1)) the 2016. underride guard. statute also expressly provides for renewal of an In its application, Columbia Body Another solution Columbia Body exemption on reapplication. Manufacturers are nevertheless cautioned that the agency’s decision to provides specific financial information states it looked into involved grant an initial petition in no way predetermines from the last three years. In 2012, constructing a sub-frame ‘‘with the that the agency will repeatedly grant renewal ability to slide the dump body forward petitions, thereby imparting semi-permanent status 5 Id. at 67666. when in transit and slide it to the rear to an exemption from a safety standard. Exempted 6 68 FR 7406 (February 13, 2003). Available at: manufacturers seeking renewal must bear in mind to provide the proper over hang [sic] http://www.regulations.gov/ that the agency is directed to consider financial contentStreamer?documentId=NHTSA-2002-13955- when paving.’’ Columbia Body states hardship as but one factor, along with the 0004&disposition=attachment&contentType=pdf that although this design is possible, manufacturer’s ongoing good faith efforts to comply conversations with prospective asabaliauskas on DSK5VPTVN1PROD with NOTICES (last accessed on November 6, 2015). with the regulation, the public interest, consistency with the Safety Act, generally, as well as other such 7 See: 69 FR 30989 (June 1, 2004), available at: customers indicate the design ‘‘would https://www.federalregister.gov/articles/2004/06/ not be acceptable’’ because of the added matters provided in the statute. 01/04-12334/reliance-trailer-co-llc-grant-of- 2 49 CFR 571.224. application-for-renewal-of-temporary-exemption- cost and weight associated with 3 49 CFR 571.223. from-federal-motor (last accessed on November 6, building such a structure. 4 69 FR 67663 (November 19, 2004). Available at: 2015), and 74 FR 42142 (August 20, 2009), available Columbia Body states that so long as https://www.federalregister.gov/articles/2004/11/ at: https://www.federalregister.gov/articles/2009/08/ 19/04-25703/federal-motor-vehicle-safety- 20/E9-19956/beall-corporation-grant-of- the paving industry continues to use the standards-rear-impact-guards-final-rule (last application-for-a-temporary-exemption-from-fmvss- same method of paving roads, it remains accessed on November 5, 2015). no-224 (last accessed on November 9, 2015). a physical impossibility to manufacture VerDate Sep<11>2014 16:53 Dec 16, 2015 Jkt 238001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1

Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices 78819 this type of trailer and comply with DEPARTMENT OF TRANSPORTATION By the Board, Chairman Elliott, Vice FMVSS No. 224. Chairman Begeman, and Commissioner Surface Transportation Board Miller. In support of its petition for Tia Delano, exemption, Columbia Body notes that [Docket No. FD 35963 (Sub–No. 1)] Clearance Clerk. gravity feed dump trailers see limited highway exposure due to their function. BNSF Railway Company—Temporary [FR Doc. 2015–31726 Filed 12–16–15; 8:45 am] Specifically, the trailers themselves are Trackage Rights Exemption—Union BILLING CODE 4915–01–P Pacific Railroad Company on the road for short periods of time. ‘‘Asphalt batch plants are typically set AGENCY: Surface Transportation Board, close to the paving activity to limit time DOT. DEPARTMENT OF THE TREASURY traveling between the two paving ACTION: Partial revocation of exemption. Financial Crimes Enforcement Network activities.’’ Additionally, the petitioner states that in many instances, these SUMMARY: Under 49 U.S.C. 10502, the Bank Secrecy Act Advisory Group; Board revokes the class exemption as it paving machines are often performing Solicitation of Application for pertains to the local trackage rights their transport tasks away from the Membership described in Docket No. FD 35963 to driving public in restricted access permit the temporary trackage rights to AGENCY: Financial Crimes Enforcement construction areas. expire at midnight on December 31, Network (‘‘FinCEN’’), Treasury. Finally, Columbia Body believes its 2018, in accordance with the agreement ACTION: Notice and request for ability to obtain an exemption is in the of the parties,1 subject to the employee nominations. public interest. Columbia Body has protective conditions set forth in Oregon informed NHTSA that customers Short Line Railroad—Abandonment SUMMARY: FinCEN is inviting the public requesting its gravity feed dump trailers Portion Goshen Branch Between Firth & to nominate financial institutions and are doing so in order to pave local Ammon, in Bingham & Bonneville trade groups for membership on the roadways. Many purchasers are local Counties, Idaho (Oregon Short Line), Bank Secrecy Act Advisory Group. New municipalities, or companies that 360 I.C.C. 91 (1979). members will be selected for three-year support local municipalities in creating DATES: This decision is effective on membership terms. and maintaining roads for the traveling January 16, 2016. Petitions to stay must DATES: Nominations must be received public. Therefore, the petitioner be filed by December 28, 2015. Petitions by January 19, 2016. believes supplying gravity feed dump for reconsideration must be filed by ADDRESSES: Applications must be trailers is in the public interest. January 6, 2016. emailed to BSAAG@fincen.gov. ADDRESSES: Send an original and 10 FOR FURTHER INFORMATION CONTACT: D. Completeness and Comment Period copies of all pleadings, referring to FinCEN Resource Center at 800–767– Docket No. FD 35963 (Sub-No. 1) to: 2825. Upon receiving a petition, NHTSA Surface Transportation Board, 395 E conducts an initial review of the Street SW., Washington, DC 20423– SUPPLEMENTARY INFORMATION: The petition with respect to whether the 0001. In addition, a copy of each Annunzio-Wylie Anti-Money petition is complete and whether the pleading must be served on BNSF’s Laundering Act of 1992 required the petitioner appears to be eligible to apply representative: Karl Morell, Karl Morell Secretary of the Treasury to establish a for the requested exemption. The agency & Associates, 655 15th Street NW., Suite Bank Secrecy Act Advisory Group has concluded that Columbia Body’s 225, Washington, DC 20005. (BSAAG) consisting of representatives petition is complete and that it is FOR FURTHER INFORMATION CONTACT: from federal regulatory and law eligible to apply for a temporary Amy Ziehm (202) 245–0391. [Assistance enforcement agencies, financial exemption. The agency has not made for the hearing impaired is available institutions, and trade groups with any judgment on the merits of the through the Federal Information Relay members subject to the requirements of application. NHTSA has placed a non- Service (FIRS) at 1–800–877–8339.] the Bank Secrecy Act, 31 CFR 1000– confidential copy of the petition in the SUPPLEMENTARY INFORMATION: 1099 et seq. or Section 6050I of the docket. Additional information is contained in Internal Revenue Code of 1986. The the Board’s decision. Board decisions BSAAG is the means by which the The agency seeks comment from the Treasury receives advice on the public on the merits of Columbia Body’s and notices are available on our Web site at http://www.stb.dot.gov. operations of the Bank Secrecy Act. As petition for a temporary exemption from chair of the BSAAG, the Director of FMVSS No. 224. After considering Decided: December 11, 2015. FinCEN is responsible for ensuring that public comments and other available relevant issues are placed before the 1 In that docket, on October 30, 2015, BNSF information, we will publish a notice of Railway Company (BNSF) filed a verified notice of BSAAG for review, analysis, and final action on the petition in the exemption under the Board’s class exemption discussion. Federal Register. procedures at 49 CFR 1180.2(d)(7). The notice BSAAG membership is open to covered the agreement by Union Pacific Railroad financial institutions and trade groups. Raymond R. Posten, Company (UP) to grant restricted local trackage rights to BNSF over UP’s lines as follows: (1) New members will be selected to serve Associate Administrator for Rulemaking. a three-year term and must designate asabaliauskas on DSK5VPTVN1PROD with NOTICES Between UP milepost 93.2 at Stockton, Cal., on UP’s [FR Doc. 2015–31709 Filed 12–16–15; 8:45 am] Oakland Subdivision, and UP milepost 219.4 at one individual to represent that member Elsey, Cal., on UP’s Canyon Subdivision, a distance BILLING CODE 4910–59–P of 126.2 miles; and (2) between UP milepost 219.4 at plenary meetings. The designated at Elsey and UP milepost 280.7 at Keddie, Cal., on representative should be knowledgeable UP’s Canyon Subdivision, a distance of 61.3 miles. about Bank Secrecy Act requirements BNSF submits that, while the trackage rights are and must be able and willing to make only temporary rights, because they are ‘‘local’’ rather than ‘‘overhead’’ rights, they do not qualify the necessary time commitment to for the Board’s class exemption for temporary participate on committees throughout trackage rights under 49 CFR 1180.2(d)(8). the year by phone and attend biannual VerDate Sep<11>2014 16:53 Dec 16, 2015 Jkt 238001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1


Document Created: 2018-03-02 09:18:46
Document Modified: 2018-03-02 09:18:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of receipt of petition for temporary exemption from FMVSS No. 224, Rear Impact Protection; request for comment.
DatesComments on this petition must be submitted by January 4, 2016.
ContactFor legal questions, contact Mr. Ryan Hagen, Office of the Chief Counsel, NCC-112, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West Building 4th Floor, Washington, DC 20590. Telephone: (202) 366-2992; Fax: (202) 366- 3820. For technical questions, contact Mr. Robert Mazurowski, Office of Crashworthiness Standards, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West Building 4th Floor, Washington, DC 20590. Telephone: (202) 366-1012; Fax: (202) 493-2990.
FR Citation80 FR 78817 
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