81 FR 11902 - Columbia Body Manufacturing Co.; Grant of Petition for Temporary Exemption From FMVSS No. 224
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 44 (March 7, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 44 (March 7, 2016)
| Page Range | 11902-11904 | |
| FR Document | 2016-04971 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Notices] [Pages 11902-11904] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04971] [[Page 11902]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2015-0125] Columbia Body Manufacturing Co.; Grant of Petition for Temporary Exemption From FMVSS No. 224 AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of grant of petition for temporary exemption from FMVSS No. 224, Rear Impact Protection. ----------------------------------------------------------------------- SUMMARY: In accordance with 49 U.S.C. 30113 and 49 CFR part 555, NHTSA is granting a petition from Columbia Body Manufacturing Co. (``Columbia Body'' or ``petitioner''), a small volume manufacturer, for a temporary exemption from Federal Motor Vehicle Safety Standard (FMVSS) No. 224, Rear impact protection, for certain gravity feed dump body trailers (``dump body trailers''). This exemption is based on the agency's determination that compliance with FMVSS No. 224 would cause substantial economic hardship to a manufacturer that has tried to comply in good faith with the standard, and that such an exemption is consistent with the public interest. Columbia Body must affix certification labels to the exempted trailers stating they have been exempted from FMVSS No. 224. DATES: The subject vehicles manufactured by Columbia Body are exempted from FMVSS No. 224, Rear Impact Protection until March 7, 2019. FOR FURTHER INFORMATION CONTACT: For legal questions, contact Mr. Ryan Hagen, Office of the Chief Counsel, NCC-200, 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. SUPPLEMENTARY INFORMATION: In accordance with 49 U.S.C. 30113 and 49 CFR part 555, NHTSA is granting a petition from Columbia Body, a small volume manufacturer, for a temporary exemption from FMVSS No. 224, Rear impact protection, for dump body trailers. The agency is granting this petition because compliance with the standard would cause substantial economic hardship to a small volume manufacturer that has tried to comply with the standard in good faith. NHTSA believes Columbia Body has put forth a good faith effort to research and explore potential options to comply with FMVSS No. 224. As discussed below, NHTSA also believes that, because dump body trailers help build and maintain public infrastructure, and because the safety implications of this grant are minimal, granting this exemption is consistent with the public interest and the National Traffic and Motor Vehicle Safety Act. Additionally, NHTSA received no public comments on this petition. The petitioner's exemption will be limited to 210 dump body trailers over the next three years. Columbia Body must include language on the certification labels it affixes to the exempted dump body trailers it manufactures notifying the public that the vehicle has been exempted from FMVSS No. 224. 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 motor vehicle 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. 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 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). --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- [[Page 11903]] 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. NHTSA was concerned that 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- C. Overview of Columbia Body's Petition Consistent with 49 U.S.C. 30113 and the procedures in 49 CFR part 555, Columbia Body of Clackamas, Oregon, a small volume trailer manufacturer, 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 manufacturer that currently employs 40 full time employees and has annual sales of $5-6 million. 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 trailers that do not require an exemption per year over the last three years. Columbia Body states that recently, many of its 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 70 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 produce a trailer at a reasonable price and with the utility its customers require for paving. 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 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 have 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. Notice of Receipt and Summary of Comments On December 17, 2015, NHTSA sought comment on Columbia Body's petition by publishing a notice of receipt in the Federal Register.\8\ NHTSA received no comments on the petition. --------------------------------------------------------------------------- \8\ See: 80 FR 78817 (December 17, 2015), available at: https://www.federalregister.gov/articles/2015/12/17/2015-31709/columbia-body-manufacturing-co-receipt-of-petition-for-temporary-exemption-from-fmvss-no-224 (last accessed on January 2016). --------------------------------------------------------------------------- E. Final Decision Columbia Body petitioned NHTSA for a temporary exemption from FMVSS No. 224 under 49 U.S.C. 30113(b)(3), and in accordance with NHTSA's regulations at 49 CFR 555.6. NHTSA may grant such a petition if it finds that compliance with the standard would [[Page 11904]] cause substantial economic hardship to a small volume manufacturer \9\ that has tried to comply with the standard in good faith, and that granting such an exemption is consistent with the public interest. NHTSA believes these exemption criteria are satisfied. --------------------------------------------------------------------------- \9\ ``A manufacturer is eligible for an exemption . . . only if the Secretary determines that the manufacturer's total motor vehicle production in the most recent year of production is not more than 10,000.'' 49 U.S.C. 30113(d). --------------------------------------------------------------------------- First, based on the detailed financial documentation Columbia Body has provided the agency, NHTSA believes Columbia Body would suffer substantial economic hardship without an exemption for its dump body trailers. Columbia Body posted a cumulative net loss over the last three years. Looking forward, Columbia Body would have to lay off seven to eight of its 40 employees in 2016. Second, Columbia Body has demonstrated that it has made good faith efforts to comply with FMVSS No. 224. The dump body trailers subject to this petition are designed to attach to a paving machine that secures to the rear end of the dump body trailer. When attached to the dump body trailer, the paving machine hooks to the rear wheels of the trailer and tucks underneath the rear end of the dump body trailer. This interaction between the dump body trailer and a paving machine thwarts the installation of an underride guard. Despite the known design challenges, Columbia Body invested a significant amount of time and money investigating a way to comply with FMVSS No. 224 while maintaining the dump body trailer's paving utility. It developed potential solutions to the compliance challenges, and invested in a finite element analysis of the situation. Further, Columbia Body discussed the resulting potentially compliant design with prospective paving customers, who responded that an increase in cost and loss of payload capability were not acceptable for their business needs. From its research, Columbia Body reasonably concluded that it could not produce its dump body trailers with compliant guards unless paving machines are modified to no longer hook to the rear wheels of the dump body trailer. Such redesign of paving machines was not practical. In the 2004 final rule amending FMVSS No. 224, NHTSA stated that ``[i]n certain limited circumstances, the agency [will grant] temporary exemption to gravity feed dump trailer manufacturers based, in part, on impracticability of compliance.'' \10\ We have closely evaluated the petition and conclude that practicability problems posed by Columbia Body's dump body trailers support a grant of the petition. --------------------------------------------------------------------------- \10\ 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 January 7, 2016). --------------------------------------------------------------------------- Third, NHTSA believes it is consistent with the public interest to grant Columbia Body this exemption. The overhang required by these trailers, while not exclusive to paving applications, is specifically manufactured to attach to a paving machine. These trailers serve as a tool for paving asphalt surfaces, most commonly, public roads; they are needed for that public function. Given the few remaining companies that produce dump trailers for paving, we believe that the exemption would result in more dump trailers being available for paving and other purposes, which would facilitate construction projects. Further, because these trailers are used primarily in road construction applications, their exposure to the traveling public is reduced. In many instances, these trailers are traveling in restricted area construction zones or with a paving machine attached to the rear end. Moreover, the impact on safety by this exemption is further limited by the fact that relatively few vehicles would be affected. The number of exempted trailers allowed under this exemption is tailored to Columbia Body's projected production over the next three years, meaning that a maximum of only 210 trailers in total will be exempted. NHTSA also considered the impacts of not granting the exemption. Columbia Body states that the failure to receive an exemption could cause it to lay off seven to eight of its 40 employees starting in 2016. Given the practicability problems the petitioner faces in meeting FMVSS No. 224 and the efforts made to comply, the negligible safety impacts of an exemption, and the increased availability of dump trailers as a result of an exemption, we do not believe that the potential job losses would be warranted. Taking all of these things into consideration, NHTSA believes this exemption is in the public interest. Based on the exemption requirements and the information before the agency, NHTSA is issuing a temporary exemption to Columbia Body from FMVSS No. 224 for a period of three years for the dump body trailers it manufactures for paving applications.\11\ This exemption is limited to 210 trailers during the temporary exemption period. Further, dump body trailers that are exempted from FMVSS No. 224 must display certification labels noting this exemption as required by 49 CFR 555.9(c). --------------------------------------------------------------------------- \11\ As noted previously in this notice, the gravity dump body trailers Columbia Body seeks an exemption for require 16 to 18 inches of clearance rearward of the rear wheels. --------------------------------------------------------------------------- Columbia Body is granted NHTSA Temporary Exemption No. EX 16-01, from FMVSS No. 224. Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR 1.95. Issued on: February 29, 2016. Mark R. Rosekind, Administrator. [FR Doc. 2016-04971 Filed 3-4-16; 8:45 am] BILLING CODE 4910-59-P
![11902 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
DEPARTMENT OF TRANSPORTATION economic hardship to a small volume concerning temporary exemptions.
manufacturer that has tried to comply Under Part 555, a petitioner must
National Highway Traffic Safety with the standard in good faith. NHTSA provide specified information in
Administration believes Columbia Body has put forth a submitting a petition for exemption.
[Docket No. NHTSA–2015–0125] good faith effort to research and explore These requirements are specified in 49
potential options to comply with CFR 555.5, and include a number of
Columbia Body Manufacturing Co.; FMVSS No. 224. As discussed below, items. Foremost among them are that
Grant of Petition for Temporary NHTSA also believes that, because the petitioner must set forth the basis of
Exemption From FMVSS No. 224 dump body trailers help build and the application under § 555.6, and the
maintain public infrastructure, and reasons why the exemption would be in
AGENCY: National Highway Traffic because the safety implications of this the public interest and consistent with
Safety Administration (NHTSA), grant are minimal, granting this the objectives of the Safety Act (49
Department of Transportation (DOT). exemption is consistent with the public U.S.C. Chapter 301).1 A manufacturer is
ACTION: Notice of grant of petition for interest and the National Traffic and eligible to apply for a hardship
temporary exemption from FMVSS No. Motor Vehicle Safety Act. Additionally, exemption if its total motor vehicle
224, Rear Impact Protection. NHTSA received no public comments production in its most recent year of
on this petition. production did not exceed 10,000
SUMMARY: In accordance with 49 U.S.C. The petitioner’s exemption will be vehicles, as determined by the NHTSA
30113 and 49 CFR part 555, NHTSA is limited to 210 dump body trailers over Administrator (49 U.S.C. 30113).
granting a petition from Columbia Body the next three years. Columbia Body
Manufacturing Co. (‘‘Columbia Body’’ or must include language on the B. Rear Impact Protection
‘‘petitioner’’), a small volume certification labels it affixes to the
manufacturer, for a temporary exempted dump body trailers it FMVSS No. 224, Rear impact
exemption from Federal Motor Vehicle manufactures notifying the public that protection,2 requires that all trailers
Safety Standard (FMVSS) No. 224, Rear the vehicle has been exempted from with a gross vehicle weight rating
impact protection, for certain gravity FMVSS No. 224. (GVWR) of 4,536 kilograms (kg) (10,000
feed dump body trailers (‘‘dump body pounds (lb)) or more be fitted with a
A. Statutory Authority for Temporary rear impact guard that conforms to
trailers’’). This exemption is based on
Exemptions FMVSS No. 223, Rear impact guards.3
the agency’s determination that
compliance with FMVSS No. 224 would The National Traffic and Motor This requirement, however, has
cause substantial economic hardship to Vehicle Safety Act (Safety Act), codified presented problems for certain
a manufacturer that has tried to comply at 49 U.S.C. Chapter 301, provides the specialized vehicles, such as road
in good faith with the standard, and that Secretary of Transportation authority to construction vehicles where interaction
such an exemption is consistent with exempt, on a temporary basis and under between the rear impact guard and the
the public interest. Columbia Body must specified circumstances, motor vehicles specialized paving or dumping
affix certification labels to the exempted from a motor vehicle safety standard or equipment can cause engineering
trailers stating they have been exempted bumper standard. This authority is set challenges. In 2004, NHTSA finalized a
from FMVSS No. 224. forth at 49 U.S.C. 30113. The Secretary rule that excludes road construction
DATES: The subject vehicles
of Transportation has delegated the controlled horizontal discharge
authority for implementing this section semitrailers (RCC horizontal discharge
manufactured by Columbia Body are
to NHTSA. trailers), which discharge asphalt to a
exempted from FMVSS No. 224, Rear
In recognition of the more limited paving machine by use of a mechanical
Impact Protection until March 7, 2019.
resources and capabilities of small drive and conveyor belt.4 In that final
FOR FURTHER INFORMATION CONTACT: For manufacturers, authority to grant rule, NHTSA concluded that the
legal questions, contact Mr. Ryan Hagen, exemptions based on substantial installation of rear impact guards would
Office of the Chief Counsel, NCC–200, economic hardship and good faith interfere with the intended function of
National Highway Traffic Safety efforts is provided in the Safety Act to the trailers and were impractical, given
Administration, 1200 New Jersey enable the agency to give those the design and mission of these trailers.
Avenue SE., West Building 4th Floor, manufacturers additional time to
Washington, DC 20590. Telephone: comply with motor vehicle safety 1 While 49 U.S.C. 30113(b) states that exemptions
(202) 366–2992; Fax: (202) 366–3820. standards. The Safety Act authorizes the from a Safety Act standard are to be granted on a
For technical questions, contact Mr. Secretary to grant a temporary ‘‘temporary basis,’’ (49 U.S.C. 30113(b)(1)) the
Robert Mazurowski, Office of exemption to a manufacturer whose statute also expressly provides for renewal of an
Crashworthiness Standards, National exemption on reapplication. Manufacturers are
total motor vehicle production in the nevertheless cautioned that the agency’s decision to
Highway Traffic Safety Administration, most recent year of production is not grant an initial petition in no way predetermines
1200 New Jersey Avenue SE., West more than 10,000 motor vehicles, on that the agency will repeatedly grant renewal
Building 4th Floor, Washington, DC such terms as the Secretary deems petitions, thereby imparting semi-permanent status
20590. Telephone: (202) 366–1012; Fax: to an exemption from a safety standard. Exempted
appropriate, if the exemption would be manufacturers seeking renewal must bear in mind
(202) 493–2990. consistent with the public interest and that the agency is directed to consider financial
SUPPLEMENTARY INFORMATION: In the Safety Act and ‘‘compliance with hardship as but one factor, along with the
accordance with 49 U.S.C. 30113 and 49 manufacturer’s ongoing good faith efforts to comply
the standard would cause substantial
asabaliauskas on DSK3SPTVN1PROD with NOTICES
with the regulation, the public interest, consistency
CFR part 555, NHTSA is granting a economic hardship to a manufacturer with the Safety Act, generally, as well as other such
petition from Columbia Body, a small that has tried to comply with the matters provided in the statute.
volume manufacturer, for a temporary standard in good faith.’’ (49 U.S.C. 2 49 CFR 571.224.
exemption from FMVSS No. 224, Rear 30113(b)(3)(B)(i)). 3 49 CFR 571.223.
4 69 FR 67663 (November 19, 2004). Available at:
impact protection, for dump body NHTSA established 49 CFR part 555,
https://www.federalregister.gov/articles/2004/11/
trailers. The agency is granting this Temporary Exemption from Motor 19/04-25703/federal-motor-vehicle-safety-
petition because compliance with the Vehicle Safety and Bumper Standards, standards-rear-impact-guards-final-rule (last
standard would cause substantial to implement the statutory provisions accessed on November 5, 2015).
VerDate Sep<11>2014 18:37 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1](https://thefederalregister.org/doc/81_FR_11946/page/1.svg)
![Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices 11903
The 2004 final rule decided against a it is able to fill any potential orders. If Another solution Columbia Body
regulatory exemption for gravity feed the exemption were granted, Columbia states it looked into involved
dump trailers, which do not have the Body projects that it would sell no more constructing a sub-frame ‘‘with the
mechanical drive and conveyor belt as than 70 of the exempted trailers per ability to slide the dump body forward
discussed above, because gravity feed year. Columbia Body states that the when in transit and slide it to the rear
dump trailers can be versatile vehicles trailers in question are designed to provide the proper over hang [sic]
used for a wide variety of tasks. NHTSA specifically for use with paving when paving.’’ Columbia Body states
was concerned that creating an machines. Without an exemption, that although this design is possible,
exemption in the regulation itself for Columbia Body states it will suffer conversations with prospective
gravity feed dump trailers could substantial economic hardship, customers indicate the design ‘‘would
potentially permit a large vehicle projecting it will have to lay off seven not be acceptable’’ because of the added
population with greater exposure than or eight of its 40 employees starting in cost and weight associated with
RCC horizontal discharge trailers to be 2016. building such a structure.
exempted from the standard. Instead, In its application, Columbia Body Columbia Body states that so long as
NHTSA anticipated dealing with gravity provides specific financial information the paving industry continues to use the
feed dump trailers through the from the last three years. In 2012, same method of paving roads, it remains
exemption process.5 Prior to that final Columbia Body posted a net loss of a physical impossibility to manufacture
rule, NHTSA had granted an exemption $108,000, followed by a $215,000 loss in this type of trailer and comply with
to gravity feed dump trailers 2013. In 2014, it posted a net profit of FMVSS No. 224.
manufactured by Columbia Body.6 $302,000. If an exemption is not In support of its petition for
Since that final rule, NHTSA has granted, Columbia Body projects it will exemption, Columbia Body notes that
continued to grant exemptions to post a $169,000 net profit for 2016, in gravity feed dump trailers have limited
manufacturers of gravity feed dump comparison to $1 million net profit if an highway exposure due to their function.
trailer manufacturers through the exemption is granted. Specifically, the trailers themselves are
procedures in 49 CFR part 555.7 on the road for short periods of time.
Columbia Body states that it has put
‘‘Asphalt batch plants are typically set
C. Overview of Columbia Body’s forth a good faith effort to comply with
close to the paving activity to limit time
Petition FMVSS No. 224, however, is not traveling between the two paving
Consistent with 49 U.S.C. 30113 and possible for the company to produce a activities.’’ Additionally, the petitioner
the procedures in 49 CFR part 555, trailer at a reasonable price and with the states that in many instances, these
Columbia Body of Clackamas, Oregon, a utility its customers require for paving. paving machines are often performing
small volume trailer manufacturer, Specifically, the rear end of the type of their transport tasks away from the
petitioned the agency for a three year trailer in question interfaces with the driving public in restricted access
temporary exemption from the rear front end of an asphalt paving machine, construction areas.
impact protection requirements in dumping hot asphalt into the paving Finally, Columbia Body believes its
FMVSS No. 224 based on substantial machine’s receiver. To establish this ability to obtain an exemption is in the
economic hardship. connection, the paving machine hooks public interest. Columbia Body has
Columbia Body is a small to the rear wheels of the dump trailer. informed NHTSA that customers
manufacturer that currently employs 40 In order to prevent asphalt from spilling requesting its gravity feed dump trailers
full time employees and has annual out while being transferred from the are doing so in order to pave local
sales of $5–6 million. It produces two, dump trailer to the paving machine, the roadways. Many purchasers are local
three, and four axle ‘‘dump style’’ paving machine fits 16 to 18 inches municipalities, or companies that
trailers that use a hydraulic hoist to beneath the bottom of the dump trailer. support local municipalities in creating
raise the front end of the trailer and The interaction between the dump and maintaining roads for the traveling
discharge its load through the tailgate. trailer and paving machine occurs in the public. Therefore, the petitioner
Columbia Body has produced an space where an underride guard would believes supplying gravity feed dump
average of 17 trailers that do not require otherwise reside. trailers is in the public interest.
an exemption per year over the last Columbia Body states that it has
three years. looked into possible solutions to this D. Notice of Receipt and Summary of
Columbia Body states that recently, problem, including $50,000 in research Comments
many of its gravity feed dump body in 2005 and 2006 to evaluate solutions On December 17, 2015, NHTSA
competitors have gone bankrupt, to comply with FMVSS No. 224. One sought comment on Columbia Body’s
leading purchasers to request the trailers solution included adding removable petition by publishing a notice of
from Columbia Body. Given the recent underride guards. Columbia Body states, receipt in the Federal Register.8 NHTSA
requests, Columbia Body seeks to ensure however, that ‘‘[e]ven if we could install received no comments on the petition.
a removable underride guard it will put
E. Final Decision
5 Id. at 67666. equipment operators in an unsafe
6 68 FR 7406 (February 13, 2003). Available at: situation installing and removing the Columbia Body petitioned NHTSA for
http://www.regulations.gov/ a temporary exemption from FMVSS
contentStreamer?documentId=NHTSA-2002-13955-
guard.’’ The petitioner states that the
0004&disposition=attachment&contentType=pdf area where a removable underride guard No. 224 under 49 U.S.C. 30113(b)(3),
would be installed is often covered in and in accordance with NHTSA’s
asabaliauskas on DSK3SPTVN1PROD with NOTICES
(last accessed on November 6, 2015).
7 See: 69 FR 30989 (June 1, 2004), available at:
asphalt buildup. Additionally, regulations at 49 CFR 555.6. NHTSA
https://www.federalregister.gov/articles/2004/06/ may grant such a petition if it finds that
01/04-12334/reliance-trailer-co-llc-grant-of-
Columbia Body believes that the
application-for-renewal-of-temporary-exemption- cleaning, maintenance, and heavy compliance with the standard would
from-federal-motor (last accessed on November 6, impacts on the underride guard and the
2015), and 74 FR 42142 (August 20, 2009), available 8 See: 80 FR 78817 (December 17, 2015), available
area immediately around it when
at: https://www.federalregister.gov/articles/2009/08/ at: https://www.federalregister.gov/articles/2015/12/
20/E9-19956/beall-corporation-grant-of-
contacting the paving machine would 17/2015-31709/columbia-body-manufacturing-co-
application-for-a-temporary-exemption-from-fmvss- affect the structural integrity of the receipt-of-petition-for-temporary-exemption-from-
no-224 (last accessed on November 9, 2015). underride guard. fmvss-no-224 (last accessed on January 2016).
VerDate Sep<11>2014 18:37 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1](https://thefederalregister.org/doc/81_FR_11946/page/2.svg)
![11904 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
cause substantial economic hardship to have closely evaluated the petition and during the temporary exemption period.
a small volume manufacturer 9 that has conclude that practicability problems Further, dump body trailers that are
tried to comply with the standard in posed by Columbia Body’s dump body exempted from FMVSS No. 224 must
good faith, and that granting such an trailers support a grant of the petition. display certification labels noting this
exemption is consistent with the public Third, NHTSA believes it is exemption as required by 49 CFR
interest. NHTSA believes these consistent with the public interest to 555.9(c).
exemption criteria are satisfied. grant Columbia Body this exemption. Columbia Body is granted NHTSA
First, based on the detailed financial The overhang required by these trailers, Temporary Exemption No. EX 16–01,
documentation Columbia Body has while not exclusive to paving from FMVSS No. 224.
provided the agency, NHTSA believes applications, is specifically Authority: 49 U.S.C. 30113; delegation of
Columbia Body would suffer substantial manufactured to attach to a paving authority at 49 CFR 1.95.
economic hardship without an machine. These trailers serve as a tool
exemption for its dump body trailers. for paving asphalt surfaces, most Issued on: February 29, 2016.
Columbia Body posted a cumulative net commonly, public roads; they are Mark R. Rosekind,
loss over the last three years. Looking needed for that public function. Given Administrator.
forward, Columbia Body would have to the few remaining companies that [FR Doc. 2016–04971 Filed 3–4–16; 8:45 am]
lay off seven to eight of its 40 employees produce dump trailers for paving, we BILLING CODE 4910–59–P
in 2016. believe that the exemption would result
Second, Columbia Body has in more dump trailers being available
demonstrated that it has made good for paving and other purposes, which DEPARTMENT OF THE TREASURY
faith efforts to comply with FMVSS No. would facilitate construction projects.
224. The dump body trailers subject to Further, because these trailers are used Office of the Comptroller of the
this petition are designed to attach to a primarily in road construction Currency
paving machine that secures to the rear applications, their exposure to the
end of the dump body trailer. When traveling public is reduced. In many Agency Information Collection
attached to the dump body trailer, the instances, these trailers are traveling in Activities: Information Collection
paving machine hooks to the rear restricted area construction zones or Revision; Submission for OMB
wheels of the trailer and tucks with a paving machine attached to the Review; Domestic First Lien
underneath the rear end of the dump rear end. Residential Mortgage Data
body trailer. This interaction between Moreover, the impact on safety by this
the dump body trailer and a paving exemption is further limited by the fact AGENCY: Office of the Comptroller of the
machine thwarts the installation of an that relatively few vehicles would be Currency (OCC), Treasury.
underride guard. Despite the known affected. The number of exempted ACTION: Notice and request for comment.
design challenges, Columbia Body trailers allowed under this exemption is SUMMARY: The OCC, as part of its
invested a significant amount of time tailored to Columbia Body’s projected continuing effort to reduce paperwork
and money investigating a way to production over the next three years,
and respondent burden, invites the
comply with FMVSS No. 224 while meaning that a maximum of only 210
general public and other Federal
maintaining the dump body trailer’s trailers in total will be exempted.
agencies to take this opportunity to
paving utility. It developed potential NHTSA also considered the impacts
comment on a revision to an
solutions to the compliance challenges, of not granting the exemption. Columbia
information collection, as required by
and invested in a finite element analysis Body states that the failure to receive an
the Paperwork Reduction Act of 1995
of the situation. Further, Columbia Body exemption could cause it to lay off
(PRA).
discussed the resulting potentially seven to eight of its 40 employees
Under the PRA, Federal agencies are
compliant design with prospective starting in 2016. Given the practicability
required to publish notice in the
paving customers, who responded that problems the petitioner faces in meeting
Federal Register concerning each
an increase in cost and loss of payload FMVSS No. 224 and the efforts made to
proposed collection of information,
capability were not acceptable for their comply, the negligible safety impacts of
including each proposed extension of or
business needs. From its research, an exemption, and the increased
revision to an existing collection of
Columbia Body reasonably concluded availability of dump trailers as a result
information, and to allow 60 days for
that it could not produce its dump body of an exemption, we do not believe that
public comment in response to the
trailers with compliant guards unless the potential job losses would be
notice.
paving machines are modified to no warranted. Taking all of these things
In accordance with the requirements
longer hook to the rear wheels of the into consideration, NHTSA believes this
of the PRA, the OCC may not conduct
dump body trailer. Such redesign of exemption is in the public interest.
or sponsor, and a respondent is not
paving machines was not practical. Based on the exemption requirements
required to respond to, an information
In the 2004 final rule amending and the information before the agency,
collection unless it displays a currently
FMVSS No. 224, NHTSA stated that NHTSA is issuing a temporary
valid Office of Management and Budget
‘‘[i]n certain limited circumstances, the exemption to Columbia Body from
(OMB) control number.
agency [will grant] temporary FMVSS No. 224 for a period of three
The OCC is soliciting comment
exemption to gravity feed dump trailer years for the dump body trailers it
concerning a revision to its information
asabaliauskas on DSK3SPTVN1PROD with NOTICES
manufacturers based, in part, on manufactures for paving applications.11
collection titled, ‘‘Domestic First Lien
impracticability of compliance.’’ 10 We This exemption is limited to 210 trailers
Residential Mortgage Data.’’
9 ‘‘A manufacturer is eligible for an exemption 19/04-25703/federal-motor-vehicle-safety- DATES: You should submit written
. . . only if the Secretary determines that the standards-rear-impact-guards-final-rule (last comments by: April 6, 2016.
manufacturer’s total motor vehicle production in accessed on January 7, 2016). ADDRESSES: Because paper mail in the
the most recent year of production is not more than 11 As noted previously in this notice, the gravity
10,000.’’ 49 U.S.C. 30113(d). dump body trailers Columbia Body seeks an
Washington, DC area and at the OCC is
10 69 FR 67663 (November 19, 2004). Available at: exemption for require 16 to 18 inches of clearance subject to delay, commenters are
https://www.federalregister.gov/articles/2004/11/ rearward of the rear wheels. encouraged to submit comments by
VerDate Sep<11>2014 18:37 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 E:\FR\FM\07MRN1.SGM 07MRN1](https://thefederalregister.org/doc/81_FR_11946/page/3.svg)
Document Created: 2018-02-02 15:07:54
Document Modified: 2018-02-02 15:07:54
| 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 grant of petition for temporary exemption from FMVSS No. 224, Rear Impact Protection. | |
| Dates | The subject vehicles manufactured by Columbia Body are exempted from FMVSS No. 224, Rear Impact Protection until March 7, 2019. | |
| Contact | For legal questions, contact Mr. Ryan Hagen, Office of the Chief Counsel, NCC-200, 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 Citation | 81 FR 11902 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR