Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Ford Motor Company, 21294-21296 [2015-08858]

Download as PDF 21294 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices Issued in Washington, DC, on April 10, 2015. Mark W. Bury, Assistant Chief Counsel for Regulations. [FR Doc. 2015–08927 Filed 4–16–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Membership in the National Parks Overflights Advisory Group Aviation Rulemaking Committee Federal Aviation Administration, Department of Transportation. ACTION: Notice. AGENCY: The Federal Aviation Administration (FAA) and the National Park Service (NPS) are inviting interested persons to apply to fill three upcoming openings on the National Parks Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC). The openings will represent general aviation concerns, air tour operator concerns, and Native American interests, respectively. Selected members will each serve 3-year terms. DATES: Persons interested in applying for the NPOAG openings need to apply by May 29, 2015. FOR FURTHER INFORMATION CONTACT: Keith Lusk, Special Programs Staff, Federal Aviation Administration, Western-Pacific Region Headquarters, P.O. Box 92007, Los Angeles, CA 90009–2007, telephone: (310) 725–3808, email: Keith.Lusk@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: tkelley on DSK3SPTVN1PROD with NOTICES Background The National Parks Air Tour Management Act of 2000 (the Act) was enacted on April 5, 2000, as Public Law 106–181. The Act required the establishment of the advisory group within 1 year after its enactment. The NPOAG was established in March 2001. The advisory group is comprised of a balanced group of representatives of general aviation, commercial air tour operations, environmental concerns, and Native American tribes. The Administrator of the FAA and the Director of NPS (or their designees) serve as ex officio members of the group. Representatives of the Administrator and Director serve alternating 1-year terms as chairman of the advisory group. In accordance with the Act, the advisory group provides ‘‘advice, VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 information, and recommendations to the Administrator and the Director— (1) On the implementation of this title [the Act] and the amendments made by this title; (2) On commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour management plan; (3) On other measures that might be taken to accommodate the interests of visitors to national parks; and (4) At the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national park or tribal lands.’’ Membership The NPOAG ARC is made up of one member representing general aviation, three members representing the commercial air tour industry, four members representing environmental concerns, and two members representing Native American interests. Current members of the NPOAG ARC are as follows: The current NPOAG consists of Heidi Williams representing general aviation; Alan Stephen, Mark Francis, and Matthew Zuccaro representing commercial air tour operators; Michael Sutton, Mark Belles, Nicholas Miller, and Dick Hingson representing environmental interests; and Leigh Kuwanwisiwma and Martin Begaye representing Native American interests. The 3-year membership terms of Ms. Williams, Mr. Stephen, and Mr. Begaye expire on October 9, 2015. Selection In order to retain balance within the NPOAG ARC, the FAA and NPS are seeking candidates interested in filling the three soon to be expiring seats. The three seats to be filled will represent general aviation concerns, air tour operator concerns, and Native American interests, respectively. The FAA and NPS invite persons interested in serving on the ARC to contact Mr. Keith Lusk (contact information is written above in FOR FURTHER INFORMATION CONTACT). Requests to serve on the ARC must be made to Mr. Lusk in writing and postmarked or emailed on or before May 29, 2015. The request should indicate whether or not you are a member of an association or group related to general aviation or air tour operations or a member of a Native American tribe or have another affiliation with issues relating to aircraft flights over national parks. The request should also state what expertise you would bring to the PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 NPOAG ARC as related to these issues and concerns. The term of service for NPOAG ARC members is 3 years. Current members may re-apply for another term. On June 18, 2010, President Obama signed a Presidential Memorandum directing agencies in the Executive Branch not to appoint or re-appoint federally registered lobbyists to advisory committees and other boards and commissions. Therefore, before appointing an applicant to serve on the NPOAG, the FAA and NPS will require the prospective candidate to certify that they are not a federally registered lobbyist. Issued in Hawthorne, CA, on April 9, 2015. Keith Lusk, Program Manager, Special Programs Staff, Western-Pacific Region. [FR Doc. 2015–08767 Filed 4–16–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0111] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Ford Motor Company Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA requests public comment on an application for exemption from Ford Motor Company (Ford) to allow motor carriers to operate Ford’s Transit commercial motor vehicles (CMVs) that do not meet the exhaust system location requirements in the Federal Motor Carrier Safety Regulations (FMCSR). The FMCSRs require (1) the exhaust system of a bus powered by a gasoline engine to discharge to the atmosphere at or within 6 inches forward of the rearmost part of the bus and (2) the exhaust system of every truck and truck tractor to discharge to the atmosphere at a location to the rear of the cab or, if the exhaust projects above the cab, at a location near the rear of the cab. Based on the results of performance-based tests it has conducted to measure the concentration of carbon monoxide (CO) in the occupant compartment of the Transit-based CMVs, Ford believes that the location of the exhaust system on these vehicles, as currently designed, will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the SUMMARY: E:\FR\FM\17APN1.SGM 17APN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices exemption. Ford is requesting the temporary exemption in advance of petitioning FMCSA to conduct a rulemaking to amend 49 CFR 393.83. DATES: Comments must be received on or before May 18, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2015–0111 using any of the following methods: • Web site: https:// 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 https:// 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 https:// 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 https:// 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 https://www.regulations.gov Web site as well as the DOT’s https:// docketsinfo.dot.gov Web site. If you would like notification that we received your comments, please include a self- VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC– PSV, (202) 366–0676; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: Background Section 4007 of the Transportation Equity Act for the 21st Century (TEA– 21) [Pub. L. 105–178, June 9, 1998, 112 Stat. 401] amended 49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 2004, FMCSA published a final rule (69 FR 51589) implementing section 4007. Under this rule, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). Ford Application for Exemption Ford applied for an exemption from 49 CFR 393.83 to allow motor carriers to operate Ford-manufactured Transitbased CMVs that do not comply with the regulation’s exhaust system location requirements. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.83 of the FMCSRs, ‘‘Exhaust systems,’’ includes PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 21295 requirements regarding the location of exhaust systems on CMVs to ensure that exhaust fumes will not affect the driver’s alertness or health or the health of passengers. Specifically, section 393.83(c) states that ‘‘The exhaust system of a bus powered by a gasoline engine shall discharge to the atmosphere at or within 6 inches forward of the rearmost part of the bus,’’ and section 393.83(e) provides that ‘‘The exhaust system of every truck and truck tractor shall discharge to the atmosphere at a location to the rear of the cab or, if the exhaust projects above the cab, at a location near the rear of the cab.’’ However, the exhaust system on Ford Transit vehicles for Model Year 2015 and newer is located approximately (1) 20 inches forward of the rearmost part of the medium/long wheelbase bus or van (truck) configuration, and (2) 46 inches forward of the rearmost part of the extended length bus or van (truck) configuration. In its application, Ford notes that while its Transit-based CMVs may not satisfy the specific exhaust system location requirements in the FMCSRs, it has several internal requirements applicable to the design of the tailpipe system that ensure the system will provide high levels of safety for its customers. Specifically, Ford states: In particular, Ford’s requirements address passenger compartment exhaust gas intrusion and management of high temperature components. These requirements include testing of the system and basic design requirements for the location of the tailpipe in relation to underbody components like the brake lines and fuel lines. Most significantly Ford uses internal performance based tests that demonstrate the system achieves a level of safety equivalent to or greater than, the level of safety that would be obtained by complying with the regulation. The main test of interest is the Carbon Monoxide Concentration test. This performance based test uses CO monitors at various locations in the vehicle to measure the concentration of CO ingress into the occupant compartment (from vehicles’ own powertrain and exhaust system) under various driving conditions including idle and top speed. Ford tested the 2015 model year Transit in accordance with ‘‘Ford global common engineering test procedures,’’ which limits carbon monoxide (CO) levels to 27 parts-per-million (ppm) for a 30 minute Time Weighted Average (TWA) during continuous driving. Ford states that that limit is based on the Environmental Protection Agency’s (EPA) Acute Exposure Guideline Level limits for CO exposure for 8 hour TWA, which is more severe than both the Occupational Safety & Health Administration’s (OSHA) permissible E:\FR\FM\17APN1.SGM 17APN1 21296 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices exposure limit of 50 ppm for an 8 hour TWA and the National Institute of Occupational Safety and Health’s (NIOSH) permissible exposure limit of 35 ppm for a 10 hour TWA. Under ‘‘worst-case conditions,’’ Ford measured the CO level to be 17 ppm for the Model year 2015 Transit, well below the EPA, OSHA, and NIOSH limits. Additionally Ford states that it has internal requirements to establish the appropriate clearance required between a vehicle and the ground to meet a minimum level of on-road functionality. Ford has specific departure angle requirements for their vehicle to reduce tailpipe contact with the ground, curbs, ramps, etc., during various driving modes which may result in damage to the exhaust system that may adversely affect the exhaust function. Ford implied that the tailpipe placement used on its 2015 and future Transitbased passenger vehicles protects the exhaust system from operational damage that might expose passengers to dangerous levels of exhaust gases. The exemption application would apply to Model Year 2015 Transit-based gas bus models (all gross vehicle weight ratings), vans over 10,000 pounds gross vehicle weight rating, and corresponding future Transit-based production model years. Ford estimates the annual production of these vehicles to be similar to the current Ford Econoline vehicle, which is less than 50,000 vehicles annually. Ford acknowledges that the exhaust system location requirements in section 393.83 are intended to ensure that exhaust gases do not seep into the passenger compartment of the vehicle. However, Ford believes that the performance-based testing that it has conducted demonstrates that the design of the exhaust system for the Model Year 2015 and later Ford Transit CMVs (1) results in CO exposure limits that are well below EPA, OSHA, and NIOSH established thresholds, and (2) will maintain a level of safety that is equivalent to the level of safety achieved without the exemption. tkelley on DSK3SPTVN1PROD with NOTICES Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on Ford’s application for an exemption from 49 CFR 393.83. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will continue to file relevant information in the public docket that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: April 13, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–08858 Filed 4–16–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0373] Qualification of Drivers; Exemption Applications; Narcolepsy Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from three individuals for an exemption from the prohibitions against operating a commercial motor vehicle (CMV) in interstate commerce by persons with either a clinical diagnosis of a condition that is likely to cause a loss of consciousness or any loss of ability to operate a CMV safely, [49 CFR 391.41(b)(8)], or a mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely, [49 CFR391.41(b)(9)]. If granted, the exemption would enable these individuals who have been diagnosed with narcolepsy and are receiving medical treatment to operate CMVs for 2 years in interstate commerce. DATES: Comments must be received on or before May 18, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2012–0081 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, SUMMARY: PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket ID for this Notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov, at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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 records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366–4001, or via email at fmcsamedical@dot.gov, or by letter to FMCSA, Room W64–113, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register [49 CFR 381.315(a)]. The Agency must provide the public 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 safety analyses and public comments submitted, and E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21294-21296]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08858]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0111]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Ford Motor Company

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA requests public comment on an application for exemption 
from Ford Motor Company (Ford) to allow motor carriers to operate 
Ford's Transit commercial motor vehicles (CMVs) that do not meet the 
exhaust system location requirements in the Federal Motor Carrier 
Safety Regulations (FMCSR). The FMCSRs require (1) the exhaust system 
of a bus powered by a gasoline engine to discharge to the atmosphere at 
or within 6 inches forward of the rearmost part of the bus and (2) the 
exhaust system of every truck and truck tractor to discharge to the 
atmosphere at a location to the rear of the cab or, if the exhaust 
projects above the cab, at a location near the rear of the cab. Based 
on the results of performance-based tests it has conducted to measure 
the concentration of carbon monoxide (CO) in the occupant compartment 
of the Transit-based CMVs, Ford believes that the location of the 
exhaust system on these vehicles, as currently designed, will maintain 
a level of safety that is equivalent to, or greater than, the level of 
safety achieved without the

[[Page 21295]]

exemption. Ford is requesting the temporary exemption in advance of 
petitioning FMCSA to conduct a rulemaking to amend 49 CFR 393.83.

DATES: Comments must be received on or before May 18, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0111 using any of the 
following methods:
     Web site: https://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 https://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 https://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 https://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 https://www.regulations.gov Web site as well as 
the DOT's https://docketsinfo.dot.gov Web site. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 
2004, FMCSA published a final rule (69 FR 51589) implementing section 
4007. Under this rule, FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The Agency must 
provide the public with an opportunity to inspect the information 
relevant to the application, including any safety analyses that have 
been conducted. The Agency must also provide an opportunity for public 
comment on the request.
    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption is 
granted. The notice must specify the effective period of the exemption 
(up to 2 years) and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

Ford Application for Exemption

    Ford applied for an exemption from 49 CFR 393.83 to allow motor 
carriers to operate Ford-manufactured Transit-based CMVs that do not 
comply with the regulation's exhaust system location requirements. A 
copy of the application is included in the docket referenced at the 
beginning of this notice.
    Section 393.83 of the FMCSRs, ``Exhaust systems,'' includes 
requirements regarding the location of exhaust systems on CMVs to 
ensure that exhaust fumes will not affect the driver's alertness or 
health or the health of passengers. Specifically, section 393.83(c) 
states that ``The exhaust system of a bus powered by a gasoline engine 
shall discharge to the atmosphere at or within 6 inches forward of the 
rearmost part of the bus,'' and section 393.83(e) provides that ``The 
exhaust system of every truck and truck tractor shall discharge to the 
atmosphere at a location to the rear of the cab or, if the exhaust 
projects above the cab, at a location near the rear of the cab.'' 
However, the exhaust system on Ford Transit vehicles for Model Year 
2015 and newer is located approximately (1) 20 inches forward of the 
rearmost part of the medium/long wheelbase bus or van (truck) 
configuration, and (2) 46 inches forward of the rearmost part of the 
extended length bus or van (truck) configuration.
    In its application, Ford notes that while its Transit-based CMVs 
may not satisfy the specific exhaust system location requirements in 
the FMCSRs, it has several internal requirements applicable to the 
design of the tailpipe system that ensure the system will provide high 
levels of safety for its customers. Specifically, Ford states:

    In particular, Ford's requirements address passenger compartment 
exhaust gas intrusion and management of high temperature components. 
These requirements include testing of the system and basic design 
requirements for the location of the tailpipe in relation to 
underbody components like the brake lines and fuel lines.
    Most significantly Ford uses internal performance based tests 
that demonstrate the system achieves a level of safety equivalent to 
or greater than, the level of safety that would be obtained by 
complying with the regulation. The main test of interest is the 
Carbon Monoxide Concentration test. This performance based test uses 
CO monitors at various locations in the vehicle to measure the 
concentration of CO ingress into the occupant compartment (from 
vehicles' own powertrain and exhaust system) under various driving 
conditions including idle and top speed.

    Ford tested the 2015 model year Transit in accordance with ``Ford 
global common engineering test procedures,'' which limits carbon 
monoxide (CO) levels to 27 parts-per-million (ppm) for a 30 minute Time 
Weighted Average (TWA) during continuous driving. Ford states that that 
limit is based on the Environmental Protection Agency's (EPA) Acute 
Exposure Guideline Level limits for CO exposure for 8 hour TWA, which 
is more severe than both the Occupational Safety & Health 
Administration's (OSHA) permissible

[[Page 21296]]

exposure limit of 50 ppm for an 8 hour TWA and the National Institute 
of Occupational Safety and Health's (NIOSH) permissible exposure limit 
of 35 ppm for a 10 hour TWA. Under ``worst-case conditions,'' Ford 
measured the CO level to be 17 ppm for the Model year 2015 Transit, 
well below the EPA, OSHA, and NIOSH limits.
    Additionally Ford states that it has internal requirements to 
establish the appropriate clearance required between a vehicle and the 
ground to meet a minimum level of on-road functionality. Ford has 
specific departure angle requirements for their vehicle to reduce 
tailpipe contact with the ground, curbs, ramps, etc., during various 
driving modes which may result in damage to the exhaust system that may 
adversely affect the exhaust function. Ford implied that the tailpipe 
placement used on its 2015 and future Transit-based passenger vehicles 
protects the exhaust system from operational damage that might expose 
passengers to dangerous levels of exhaust gases.
    The exemption application would apply to Model Year 2015 Transit-
based gas bus models (all gross vehicle weight ratings), vans over 
10,000 pounds gross vehicle weight rating, and corresponding future 
Transit-based production model years. Ford estimates the annual 
production of these vehicles to be similar to the current Ford 
Econoline vehicle, which is less than 50,000 vehicles annually.
    Ford acknowledges that the exhaust system location requirements in 
section 393.83 are intended to ensure that exhaust gases do not seep 
into the passenger compartment of the vehicle. However, Ford believes 
that the performance-based testing that it has conducted demonstrates 
that the design of the exhaust system for the Model Year 2015 and later 
Ford Transit CMVs (1) results in CO exposure limits that are well below 
EPA, OSHA, and NIOSH established thresholds, and (2) will maintain a 
level of safety that is equivalent to the level of safety achieved 
without the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Ford's application for an 
exemption from 49 CFR 393.83. All comments received before the close of 
business on the comment closing date indicated at the beginning of this 
notice will be considered and will be available for examination in the 
docket at the location listed under the ADDRESSES section of this 
notice.
    Comments received after the comment closing date will be filed in 
the public docket and will be considered to the extent practicable. In 
addition to late comments, FMCSA will continue to file relevant 
information in the public docket that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

    Issued on: April 13, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08858 Filed 4-16-15; 8:45 am]
 BILLING CODE 4910-EX-P