Dailey Body Company; Application for Temporary Exemption From Federal Motor Vehicle Safety Standard No. 121

[Federal Register Volume 64, Number 54 (Monday, March 22, 1999)]
[Notices]
[Pages 13843-13844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6845]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA 99-5287; Notice 1]


Dailey Body Company; Application for Temporary Exemption From 
Federal Motor Vehicle Safety Standard No. 121

    We are asking comments from the public on the application by Dailey 
Body Company of Oakland, California, that five trailers be exempted 
from Motor Vehicle Safety Standard No. 121 Air Brake Systems. The 
statutory basis for this request is that ``compliance would cause 
substantial economic hardship to a manufacturer that has tried in good 
faith to comply with the standard.'' 49 U.S.C. 30113.
    We are publishing this notice of receipt of the application in 
accordance with our regulations on temporary exemptions. This does not 
represent any judgment by us about the merits of the application.
    The discussion below is based upon the information that Dailey 
provided in its application.

Why Dailey Needs an Exemption

    Dailey is requesting an exemption for five ``special reel hauling'' 
trailers that it was unable to complete before March 1, 1998, because 
of changes requested by its customer, Pacific Gas & Electric Co., 
(PG&E) during construction of the trailers. On March 1, 1998, an 
amendment to Federal Motor Vehicle Safety Standard No. 121 Air Brake

[[Page 13844]]

Systems became effective, requiring these trailers to be equipped with 
an anti-lock brake system. According to the company, there is no after 
market kit available to convert the air-over-hydraulic brake system to 
meet the new requirements of S5.1.6.

Why Compliance Would Cause Dailey Substantial Economic Hardship

    Since there is no aftermarket kit available to convert the trailers 
to a conforming brake system, Dailey would be unable to sell them 
absent an exemption. It has $250,000 of its operating capital tied up 
in the trailers, and would have to absorb the loss. This figure is 
almost equal to its combined net income for the years 1996 and 1997, 
$252,519.

How Dailey Tried in Good Faith to Comply With Standard No. 121

    Dailey's total trailer production in the 12-month period preceding 
the filing of its application was 43. It was also the final-stage 
manufacturer and certifier of 938 ``chassis with bodies.'' Other than 
the five trailers for which it requests exemption, its trailers 
manufactured since March 1, 1998, comply with Standard No. 121.

Why an Exemption for Dailey Would Be in the Public Interest and 
Consistent With the Objectives of Motor Vehicle Safety

    Dailey believes that it would be in the public interest ``to keep 
from imposing a hardship, that could adversely affect employment, on a 
company that has been successfully building truck body equipment for 
over 50 years.'' Because only five trailers will be exempted, the risk 
to the public will be small. The trailers were manufactured to conform 
with regulations that existed at the time production was scheduled.

How To Comment on Dailey's Application

    We invite written comments on Dailey's application. Please send 
them in two copies, referring to the docket and notice number, to: 
Docket Management, National Highway Traffic Safety Administration, room 
PL-401, 400 Seventh Street, SW, Washington, DC 20590. We shall consider 
all comments received before the close of business on the comment 
closing date below. Comments will be available for examination in the 
docket at the above address both before and after that date, between 
the hours of 10 a.m. and 5 p.m. To the extent possible, we will also 
consider comments filed after the closing date. When the Administrator 
has made a decision, we shall publish it in the Federal Register.
    Comment closing date: April 21, 1999.

    Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR 
1.50 and 501.4.

    Issued on: March 16, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-6845 Filed 3-19-99; 8:45 am]
BILLING CODE 4910-59-P