Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Ford Motor Company, 21294-21296 [2015-08858]
Download as PDF
<![CDATA[
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
