82 FR 53556 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Ford Motor Company
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 220 (November 16, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53556-53558 | |
| FR Document | 2017-24826 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Notices] [Pages 53556-53558] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24826] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0111] Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Ford Motor Company AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption, request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew for a period of 5 years Ford Motor Company's (Ford) current exemption allowing motor carriers to operate Ford's Transit-based commercial motor vehicles (CMV) 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. Although the Ford Transit does not meet these requirements, it has undergone performance-based testing that demonstrates that the exhaust system achieves a level of safety equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation. Ford performed carbon monoxide (CO) concentration tests, which used CO monitors at various locations within the vehicle to measure the concentration of CO ingress into the occupant compartment (from the vehicles' own powertrain and exhaust system), under various driving conditions including idle and top speed. The tests showed that the resulting CO concentration is below every threshold used by Federal Agencies. The Agency has concluded that granting this exemption renewal will maintain a level of safety equivalent to, or greater than, the level of safety provided by the rule restricting 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. DATES: The renewal outlined in this notice extends the exemption from August 15, 2017, through August 15, 2022. Comments on the decision must be received on or before December 18, 2017. 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 Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, 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 [[Page 53557]] 31136(e) to provide authority to grant exemptions from certain portions of 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 5 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's Application for Exemption On December 1, 2014, 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 exhaust system location requirements. Section 393.83, ``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, Sec. 393.83(c) states that ``[t]he 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 Sec. 393.83(e) states that ``[t]he 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.'' According to the 2014 exemption application: Although Ford Transit vehicles may not satisfy the exhaust system location requirements of Sec. 393.83, Ford 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. 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 CO levels to 27 parts-per-million (ppm) for a 30 minute Time Weighted Average (TWA) during continuous driving. Ford stated that the 27 ppm 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 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 stated 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 the vehicle to reduce tailpipe contact with the ground, curbs, ramps, etc., during various driving modes, thus avoiding damage to the exhaust system that may adversely affect the exhaust function. FMCSA published a notice of the application in the Federal Register on April 17, 2015, and asked for public comment (80 FR 21294). FMCSA granted the exemption on August 12, 2015 (80 FR 48408). The Agency concluded that granting the temporary exemption to allow the operation of model year 2015 Ford Transit-based gas bus models (of all gross vehicle weight ratings), vans over 10,000 pounds gross vehicle weight rating, and corresponding future Transit-based models of the same design produced during the effective period of the exemption will provide a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. Ford conducted performance-based testing that demonstrates that the design of the exhaust system for the model year 2015 and later Fort 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. The exemption was granted for a 2-year period, beginning August 12, 2015 and ending August 14, 2017. Ford's Request To Renew the Exemption At the time the exemption was granted, the term of temporary exemptions was limited by statute to a maximum of 2 years. However, on December 4, 2015, President Obama signed the Fixing America's Surface Transportation (FAST) Act, which now allows an exemption to be granted for a period of 5 years (49 U.S.C. 31315(b)(2)) if FMCSA finds ``such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption'' (31315(b)(1)). Ford has requested a 5-year extension for the exemption from 49 CFR 393.83 to allow motor carriers to operate model year 2015 Ford-manufactured Transit-based CMVs, and later model year Transit-based models that do not comply with the exhaust system location requirements. Basis for Renewing Exemption FMCSA is not aware of any evidence showing that the operation of model year 2015, 2016, or 2017 Ford Transit-based gas bus models (all gross vehicle weight ratings), vans over 10,000 pounds gross vehicle weight rating, and Transit-based models of the same design produced during the current exemption has resulted in any degradation of safety. The Agency believes that extending the exemption for a period of 5 years will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. Performance-based testing conducted by Ford has demonstrated 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 [[Page 53558]] equivalent to the level of safety achieved without the exemption. The renewal outlined in this notice extends the exemption from August 12, 2017 through August 12, 2022, and requests public comment. The exemption will be valid for 5 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or commercial motor vehicles fail to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Preemption In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. Request for Comments FMCSA requests comments from parties with data concerning the safety record of motor carriers operating Model Year 2015 Ford- manufactured Transit based CMVs, and corresponding future Transit-based models of the same design in accordance with the conditions of the exemption. The Agency will evaluate adverse evidence submitted during the comment period and at any time during the 5-year period of the exemption. If safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA will take immediate steps to revoke the Ford exemption. Issued on: November 8, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-24826 Filed 11-15-17; 8:45 am] BILLING CODE 4910-EX-P
![53556 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
degrees 37 minutes 11 seconds West, ACTION: Notice of renewal of exemption, Avenue SE., Washington, DC 20590–
608.13 feet to the Point of Beginning, request for comments. 0001.
containing 26.67 acres, more or less. • Hand Delivery: Ground Floor, Room
SUMMARY: FMCSA announces its W12–140, DOT Building, 1200 New
Parcels 10–2 & 11–2—Subject Portion of decision to renew for a period of 5 years Jersey Avenue SE., Washington, DC,
Parcels 10 & 11 (Legal Description) Ford Motor Company’s (Ford) current between 9 a.m. and 5 p.m. e.t., Monday–
exemption allowing motor carriers to Friday, except Federal holidays.
Part of the Northeast Quarter of
operate Ford’s Transit-based Instructions: All submissions must
Section 18, Township 38 North, Range
commercial motor vehicles (CMV) that include the Agency name and docket
7 East of the Fourth Principal Meridian,
do not meet the exhaust system location number for this notice. For detailed
Kane County, IL.
requirements in the Federal Motor instructions on submitting comments
Commencing at the Northwest Corner Carrier Safety Regulations (FMCSR).
of said Northeast Quarter of Section 18; and additional information on the
The FMCSRs require (1) the exhaust exemption process, see the ‘‘Public
thence North 89 degrees 34 minutes 19 system of a bus powered by a gasoline
seconds East along the North Line of Participation’’ heading below. Note that
engine to discharge to the atmosphere at all comments received will be posted
said Northeast Quarter, a distance of or within 6 inches forward of the
133.53 feet to the Point of Beginning; without change to http://
rearmost part of the bus and (2) the www.regulations.gov, including any
thence North 89 degrees 34 minutes 19 exhaust system of every truck and truck
seconds East along said North Line, a personal information provided. Please
tractor to discharge to the atmosphere at see the ‘‘Privacy Act’’ heading for
distance of 868.30 feet; thence 75.00 feet a location to the rear of the cab or, if the
along a curve concave to the Southeast, further information.
exhaust projects above the cab, at a Docket: For access to the docket to
having a radius of 508.72 feet, a central location near the rear of the cab.
angle of 8 degrees 26 minutes 50 read background documents or
Although the Ford Transit does not comments received, go to http://
seconds and the long chord of said bears meet these requirements, it has
South 63 degrees 42 minutes 36 seconds www.regulations.gov or to Room W12–
undergone performance-based testing
West, a chord distance of 74.93 feet; 140, DOT Building, 1200 New Jersey
that demonstrates that the exhaust
thence South 59 degrees 29 minutes 12 Avenue SE., Washington, DC, between 9
system achieves a level of safety
seconds West, a distance of 204.31 feet; a.m. and 5 p.m., Monday through
equivalent to, or greater than, the level
thence South 30 degrees 30 minutes 48 Friday, except Federal holidays.
of safety that would be obtained by
seconds East, a distance of 1.00 foot; Privacy Act: In accordance with 5
complying with the regulation. Ford
thence South 59 degrees 29 minutes 12 U.S.C. 553(c), DOT solicits comments
performed carbon monoxide (CO)
seconds West, a distance of 16.00 feet; from the public to better inform its
concentration tests, which used CO
thence North 30 degrees 30 minutes 48 rulemaking process. DOT posts these
monitors at various locations within the
seconds West, a distance of 1.00 foot; comments, without edit, including any
vehicle to measure the concentration of
thence South 59 degrees 29 minutes 12 personal information the commenter
CO ingress into the occupant
seconds West, a distance of 28.95 feet; provides, to www.regulations.gov, as
compartment (from the vehicles’ own
thence 650.32 feet along a curve described in the system of records
powertrain and exhaust system), under
concave to the North, having a radius of various driving conditions including notice (DOT/ALL–14 FDMS), which can
426.72 feet, a central angle of 87 degrees idle and top speed. The tests showed be reviewed at www.dot.gov/privacy.
Public participation: The http://
19 minutes 08 seconds and the long that the resulting CO concentration is
www.regulations.gov Web site is
chord of said curve bears North 76 below every threshold used by Federal
Agencies. The Agency has concluded generally available 24 hours each day,
degrees 51 minutes 15 seconds West, a
that granting this exemption renewal 365 days each year. You may find
chord distance of 589.19 feet; thence
will maintain a level of safety electronic submission and retrieval help
North 33 degrees 11 minutes 41 seconds
equivalent to, or greater than, the level and guidelines under the ‘‘help’’ section
West, a distance of 23.02 feet to the
of safety provided by the rule restricting of the http://www.regulations.gov Web
Point of Beginning, containing 2.759
the location of exhaust systems on site as well as the DOT’s http://
acres, more or less.
CMVs to ensure that exhaust fumes will docketsinfo.dot.gov Web site. If you
Issued in Des Plaines, IL, on November 1, would like notification that we received
2017. not affect the driver’s alertness or health
or the health of passengers. your comments, please include a self-
Deb Bartell, addressed, stamped envelope or
Manager, Chicago Airports District Office, DATES: The renewal outlined in this
postcard or print the acknowledgment
FAA, Great Lakes Region. notice extends the exemption from
page that appears after submitting
August 15, 2017, through August 15,
[FR Doc. 2017–24867 Filed 11–15–17; 8:45 am] comments online.
2022. Comments on the decision must
BILLING CODE 4910–13–P
be received on or before December 18, FOR FURTHER INFORMATION CONTACT: Mr.
2017. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier,
DEPARTMENT OF TRANSPORTATION ADDRESSES: You may submit comments
Driver, and Vehicle Safety, MC–PSV,
bearing the Federal Docket Management
Federal Motor Carrier Safety (202) 366–0676, Federal Motor Carrier
System (FDMS) Docket ID FMCSA–
Administration Safety Administration, 1200 New Jersey
2015–0111 using any of the following
Avenue SE., Washington, DC 20590–
asabaliauskas on DSKBBXCHB2PROD with NOTICES
methods:
• Web site: http:// 0001.
[Docket No. FMCSA–2015–0111]
www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION:
Parts and Accessories Necessary for instructions for submitting comments
Background
Safe Operation; Exemption Renewal on the Federal electronic docket site.
for Ford Motor Company • Fax: 1–202–493–2251. Section 4007 of the Transportation
• Mail: Docket Management Facility, Equity Act for the 21st Century (TEA–
AGENCY:Federal Motor Carrier Safety U.S. Department of Transportation, 21) [Pub. L. 105–178, June 9, 1998, 112
Administration (FMCSA), DOT. Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and
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![Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 53557
31136(e) to provide authority to grant system will provide high levels of safety for models of the same design produced
exemptions from certain portions of the its customers. Ford’s requirements address during the effective period of the
Federal Motor Carrier Safety passenger compartment exhaust gas intrusion exemption will provide a level of safety
Regulations (FMCSRs). On August 20, and management of high temperature that is equivalent to, or greater than, the
components. These requirements include
2004, FMCSA published a final rule (69 testing of the system and basic design
level of safety achieved without the
FR 51589) implementing section 4007. requirements for the location of the tailpipe exemption. Ford conducted
Under this rule, FMCSA must publish a in relation to underbody components like the performance-based testing that
notice of each exemption request in the brake lines and fuel lines. Most significantly demonstrates that the design of the
Federal Register (49 CFR 381.315(a)). Ford uses internal performance based tests exhaust system for the model year 2015
The Agency must provide the public that demonstrate the system achieves a level and later Fort Transit CMVs (1) results
with an opportunity to inspect the of safety equivalent to or greater than, the in CO exposure limits that are well
information relevant to the application, level of safety that would be obtained by below EPA, OSHA, and NIOSH
including any safety analyses that have complying with the regulation. The main test established thresholds, and (2) will
been conducted. The Agency must also of interest is the Carbon Monoxide maintain a level of safety that is
Concentration test. This performance based
provide an opportunity for public test uses CO monitors at various locations in
equivalent to the level of safety
comment on the request. the vehicle to measure the concentration of achieved without the exemption. The
The Agency reviews the safety CO ingress into the occupant compartment exemption was granted for a 2-year
analyses and the public comments and (from vehicles’ own powertrain and exhaust period, beginning August 12, 2015 and
determines whether granting the system) under various driving conditions ending August 14, 2017.
exemption would likely achieve a level including idle and top speed.
of safety equivalent to or greater than Ford’s Request To Renew the
Ford tested the 2015 model year Exemption
the level that would be achieved by the
Transit in accordance with ‘‘Ford global At the time the exemption was
current regulation (49 CFR 381.305).
The decision of the Agency must be common engineering test procedures,’’ granted, the term of temporary
published in the Federal Register (49 which limits CO levels to 27 parts-per- exemptions was limited by statute to a
CFR 381.315(b)). If the Agency denies million (ppm) for a 30 minute Time maximum of 2 years. However, on
the request, it must state the reason for Weighted Average (TWA) during December 4, 2015, President Obama
doing so. If the decision is to grant the continuous driving. Ford stated that the signed the Fixing America’s Surface
exemption, the notice must specify the 27 ppm limit is based on the Transportation (FAST) Act, which now
person or class of persons receiving the Environmental Protection Agency’s allows an exemption to be granted for a
exemption and the regulatory provision (EPA) Acute Exposure Guideline Level period of 5 years (49 U.S.C. 31315(b)(2))
or provisions from which an exemption limits for CO exposure for 8 hour TWA, if FMCSA finds ‘‘such exemption would
is granted. The notice must specify the which is more severe than both the likely achieve a level of safety that is
effective period of the exemption (up to Occupational Safety & Health equivalent to, or greater than, the level
5 years) and explain the terms and Administration’s (OSHA) permissible that would be achieved absent such
conditions of the exemption. The exposure limit of 50 ppm for an 8 hour exemption’’ (31315(b)(1)). Ford has
exemption may be renewed (49 CFR TWA and the National Institute of requested a 5-year extension for the
381.315(c) and 49 CFR 381.300(b)). Occupational Safety and Health’s exemption from 49 CFR 393.83 to allow
(NIOSH) permissible exposure limit of motor carriers to operate model year
Ford’s Application for Exemption 35 ppm for a 10 hour TWA. Under 2015 Ford-manufactured Transit-based
On December 1, 2014, Ford applied ‘‘worst-case conditions,’’ Ford measured CMVs, and later model year Transit-
for an exemption from 49 CFR 393.83 to the CO level to be 17 ppm for the model based models that do not comply with
allow motor carriers to operate Ford- year 2015 Transit, well below the EPA, the exhaust system location
manufactured Transit-based CMVs that OSHA, and NIOSH limits. requirements.
do not comply with the exhaust system Additionally, Ford stated that it has
internal requirements to establish the Basis for Renewing Exemption
location requirements. Section 393.83,
‘‘Exhaust systems,’’ includes appropriate clearance required between FMCSA is not aware of any evidence
requirements regarding the location of a vehicle and the ground to meet a showing that the operation of model
exhaust systems on CMVS to ensure that minimum level of on-road functionality. year 2015, 2016, or 2017 Ford Transit-
exhaust fumes will not affect the Ford has specific departure angle based gas bus models (all gross vehicle
driver’s alertness or health or the health requirements for the vehicle to reduce weight ratings), vans over 10,000
of passengers. Specifically, § 393.83(c) tailpipe contact with the ground, curbs, pounds gross vehicle weight rating, and
states that ‘‘[t]he exhaust system of a bus ramps, etc., during various driving Transit-based models of the same design
powered by a gasoline engine shall modes, thus avoiding damage to the produced during the current exemption
discharge to the atmosphere at or within exhaust system that may adversely has resulted in any degradation of
6 inches forward of the rearmost part of affect the exhaust function. safety. The Agency believes that
the bus’’; and § 393.83(e) states that FMCSA published a notice of the extending the exemption for a period of
‘‘[t]he exhaust system of every truck and application in the Federal Register on 5 years will likely achieve a level of
truck tractor shall discharge to the April 17, 2015, and asked for public safety that is equivalent to, or greater
atmosphere at a location to the rear of comment (80 FR 21294). FMCSA than, the level of safety achieved
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the cab or, if the exhaust projects above granted the exemption on August 12, without the exemption. Performance-
the cab, at a location near the rear of the 2015 (80 FR 48408). The Agency based testing conducted by Ford has
cab.’’ According to the 2014 exemption concluded that granting the temporary demonstrated that the design of the
application: exemption to allow the operation of exhaust system for the model year 2015
model year 2015 Ford Transit-based gas and later Ford Transit CMVs (1) results
Although Ford Transit vehicles may not
satisfy the exhaust system location bus models (of all gross vehicle weight in CO exposure limits that are well
requirements of § 393.83, Ford has several ratings), vans over 10,000 pounds gross below EPA, OSHA, and NIOSH
internal requirements applicable to the vehicle weight rating, and established thresholds, and (2) will
design of the tailpipe system that ensure the corresponding future Transit-based maintain a level of safety that is
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![53558 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
equivalent to the level of safety DEPARTMENT OF TRANSPORTATION ADDRESSES: Interested persons are
achieved without the exemption. invited to submit written data, views,
National Highway Traffic Safety and arguments regarding this petition
The renewal outlined in this notice
Administration for inconsequentiality. Comments must
extends the exemption from August 12,
2017 through August 12, 2022, and refer to the docket and notice number
[Docket No. NHTSA–2017–0092; Notice 1] cited in the title of this notice and be
requests public comment. The
submitted by one of the following
exemption will be valid for 5 years Mazda Motor Corporation, Receipt of
methods:
unless rescinded earlier by FMCSA. The Petition for Determination of
Inconsequentiality of Takata’s Defect • Internet: Go to http://
exemption will be rescinded if: (1)
Information Report Filing Under www.regulations.gov and follow the
Motor carriers and/or commercial motor online instructions for submitting
vehicles fail to comply with the terms NHTSA Campaign Number 17E–034 for
PSDI–5 Desiccated Driver Air Bag comments.
and conditions of the exemption; (2) the • Mail: Docket Management Facility,
exemption has resulted in a lower level Inflators and Decision Denying
Request for Deferral of Determination M–30, U.S. Department of
of safety than was maintained before it Transportation, 1200 New Jersey
was granted; or (3) continuation of the AGENCY: National Highway Traffic Avenue SE., West Building, Room W12–
exemption would not be consistent with Safety Administration (NHTSA), 140, Washington, DC 20590.
the goals and objectives of 49 U.S.C. Department of Transportation. • Hand Delivery or Courier: U.S.
31136(e) and 31315. ACTION: Notice of receipt of petition; Department of Transportation, 1200
Preemption notice of receipt of request for deferral New Jersey Avenue SE., West Building,
and of decision denying request for Room W12–140, Washington, DC 20590
In accordance with 49 U.S.C. deferral. between 9 a.m. and 5 p.m. Eastern Time,
31313(d), as implemented by 49 CFR Monday through Friday, except Federal
381.600, during the period this SUMMARY: On July 10, 2017, Takata holidays.
exemption is in effect, no State shall Corporation (‘‘Takata’’) filed a defect • Facsimile: (202) 493–2251.
enforce any law or regulation applicable information report (‘‘DIR’’) in which it You may call the Docket at (202) 366–
determined that a safety-related defect 9324.
to interstate commerce that conflicts
exists in certain phase-stabilized Note that all comments received will
with or is inconsistent with this
ammonium nitrate (‘‘PSAN’’) driver-side be posted without change to http://
exemption with respect to a firm or
airbag inflators that it manufactured www.regulations.gov, including any
person operating under the exemption. with a calcium sulfate desiccant,
States may, but are not required to, personal information provided. Thus,
including inflators that it supplied to submitting such information makes it
adopt the same exemption with respect Ford Motor Company (‘‘Ford’’), Mazda
to operations in intrastate commerce. public. You may wish to read the
North American Operations (‘‘Mazda’’), Privacy Act notice, which can be
Request for Comments and Nissan North America Inc. viewed by clicking on the ‘‘Privacy and
(‘‘Nissan’’) for use in certain vehicles. Security Notice’’ link in the footer of
FMCSA requests comments from Mazda’s vehicles identified by Takata’s http://www.regulations.gov. DOT’s
parties with data concerning the safety DIR were designed by Ford and were complete Privacy Act Statement is
record of motor carriers operating Model built on the same platform and using the available for review in the Federal
Year 2015 Ford-manufactured Transit same airbag inflators as the affected Register published on April 11, 2000
based CMVs, and corresponding future Ford vehicles. Mazda has petitioned the (65 FR 19477–78).
Transit-based models of the same design Agency—in part through a purported
The petition, supporting materials,
in accordance with the conditions of the joint petition with Ford (see DOCKET
and all comments received before the
exemption. The Agency will evaluate NO. NHTSA–2017–0093)—for a
close of business on the closing date
adverse evidence submitted during the decision that because analysis of
indicated above will be filed in the
comment period and at any time during inflators installed in certain Ford
docket and will be considered.
the 5-year period of the exemption. If vehicles does not demonstrate
Comments and supporting materials
safety is being compromised or if propellant-tablet density degradation or
received after the closing date will also
increased inflation pressure, and
continuation of the exemption would be filed and will be considered to the
because there are design differences
not be consistent with the goals and extent possible. When the petition is
between the inflators installed in Ford
objectives of 49 U.S.C. 31136(e) and granted or denied, notice of the decision
and Mazda vehicles and an inflator
31315(b)(1), FMCSA will take will also be published in the Federal
variant installed in Nissan vehicles, the
immediate steps to revoke the Ford Register pursuant to the authority
equipment defect determined to exist by
exemption. indicated at the end of this notice.
Takata is inconsequential as it relates to
Issued on: November 8, 2017. motor vehicle safety in the Mazda FOR FURTHER INFORMATION CONTACT:
Larry W. Minor, vehicles affected by Takata’s DIR. For legal issues: Stephen Hench,
Mazda requests relief from its Office of the Chief Counsel, NCC–100,
Associate Administrator for Policy.
notification and remedy obligations National Highway Traffic Safety
[FR Doc. 2017–24826 Filed 11–15–17; 8:45 am] Administration, 1200 New Jersey
under the National Traffic and Motor
asabaliauskas on DSKBBXCHB2PROD with NOTICES
BILLING CODE 4910–EX–P Vehicle Safety Act of 1966 and its Avenue SE., Washington, DC 20590
applicable regulations, and further (telephone: (202) 366–5263).
requests that the Agency defer a For general information regarding
decision on the petition until March 31, NHTSA’s investigation into Takata
2018 to allow Ford to complete certain airbag inflator ruptures and the related
analysis and testing. recalls, visit https://www.nhtsa.gov/
DATES: The closing date for comments is recall-spotlight/takata-air-bags.
December 18, 2017. SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1](https://thefederalregister.org/doc/82_FR_53776/page/3.svg)
Document Created: 2017-11-16 03:53:41
Document Modified: 2017-11-16 03:53:41
| 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 renewal of exemption, request for comments. | |
| Dates | The renewal outlined in this notice extends the exemption from August 15, 2017, through August 15, 2022. Comments on the decision must be received on or before December 18, 2017. | |
| Contact | Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 82 FR 53556 |
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