Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Ford Motor Company, 50911-50913 [2022-17774]
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Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Notices
Number of
respondents
Modality of completion
Frequency of
response
Average
burden per
response
(minutes)
Estimated total
annual burden
(hours)
Average
theoretical
hourly cost
amount
(dollars) **
Average wait
time in field
office
(minutes)
***
50911
Total annual
opportunity cost
(dollars) ****
Electronic Disability Collect System
(EDCS) ..................................................
i454 (Internet) ............................................
270,500
81,150
1
1
* 480
* 480
2,164,000
649,200
** 11.70
** 11.70
*** 24
........................
**** 26,584,740
**** 7,595,640
Totals .................................................
541,000
........................
........................
4,328,000
........................
........................
**** 52,789,698
* The estimated time of 480 minutes to complete Form SSA–454–BK is an average for the respondents, who are Title II or Title XVI disability recipients or their representatives. Some of these respondents may take longer to complete the forms and submit the information, while others will complete the forms faster, which is why
we use average time estimates to calculate time burdens for these information collections. These estimates were originally developed, and are still based on, our current management information data. In addition, we increased this estimate based on public comments.
** We based this figure on the average DI payments based on SSA’s current FY 2022 data (https://www.ssa.gov/legislation/2022factsheet.pdf).
*** We based this figure on the average FY 2022 wait times for field offices, based on SSA’s current management information data.
**** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the
application.
Dated: August 12, 2022.
Naomi Sipple,
Reports Clearance Officer, Social Security
Administration.
[FR Doc. 2022–17732 Filed 8–17–22; 8:45 am]
BILLING CODE 4191–02–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of
exemption; request for comments.
AGENCY:
FMCSA announces its
decision to provisionally renew the
Ford Motor Company’s (Ford)
exemption which allows motor carriers
to operate commercial motor vehicles
(CMV) based on the Ford Transit model
that do not meet the exhaust system
location requirements in the Federal
Motor Carrier Safety Regulations
(FMCSRs). The exemption is renewed
for 5 years.
DATES: This renewed exemption is
effective August 16, 2022, through
August 16, 2027, unless rescinded
earlier. Comments must be received on
or before September 19, 2022.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2015–0111 using any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• Mail: Docket Operations, U.S.
Department of Transportation, 1200
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SUMMARY:
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17:42 Aug 17, 2022
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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, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number for
this notice (FMCSA–2015–0111). 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 heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit 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., ET,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49
U.S.C. 31315(b), DOT solicits comments
from the public to better inform its
exemption 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, the
comments are searchable by the name of
the submitter.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, FMCSA,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001; (202) 366–
0676; MCPSV@dot.gov.
SUPPLEMENTARY INFORMATION:
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I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2015–0111), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2015–0111’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b)(2) and 49 CFR
381.300(b) to renew an exemption from
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Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Notices
the FMCSRs for a 5-year period if it
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.’’
III. Background
Current Regulation(s) Requirements
Under 49 CFR 393.83, (1) the exhaust
system of a bus powered by a gasoline
engine must 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 must 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. These requirements ensure
that exhaust fumes will not affect the
driver’s alertness or health or the health
of passengers.
Application for Renewal of Exemption
Ford has requested a 5-year renewal
of its exemption from 49 CFR 393.83,
Exhaust systems, previously granted on
August 12, 2015,1 and renewed on
August 15, 2017 2 for Fordmanufactured CMVs based on the Ford
Transit model. Ford requested the
exemption to allow motor carriers to
continue to operate Transit-based
CMVs, stating that the vehicle design
and performance of the Transit
emissions system achieves a level of
safety that is equivalent to, or greater
than, the level of safety that would be
obtained by complying with 49 CFR
393.83. The exemption covers gaspowered Transit-based CMVs with gross
vehicle weight ratings (GVWR) over
10,000 lb.
khammond on DSKJM1Z7X2PROD with NOTICES
Original Application for Exemption and
Operations Under Exemption
In its original application, Ford stated
that although the Transit CMV did not
meet these Agency’s exhaust
requirements, it conducted
performance-based testing which
demonstrated that the exhaust system
achieved a level of safety equivalent to
or greater than, the level of safety that
would be obtained by complying with
the existing regulation. Ford used
monitors to measure the concentration
of CO from the power train and exhaust
system at locations in the vehicle’s
passenger compartment under various
driving conditions, including idle and
top speed. The tests showed that CO
concentration levels were below every
safety threshold used by Federal
1 See
2 See
80 FR 48408.
82 FR 53556.
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17:42 Aug 17, 2022
Jkt 256001
Agencies as an allowable performance
metric.
Ford applied for an exemption from
49 CFR 393.83 on December 1, 2014, to
allow motor carriers to operate Transitbased CMVs that do not comply with
the exhaust system location
requirements. Based on Ford’s
application, FMCSA granted a two year
exemption on August 12, 2015 (80 FR
48408), and subsequently renewed that
exemption from August 15, 2017 to
August 15, 2022 (82 FR 53556).
IV. Equivalent Level of Safety Analysis
FMCSA is not aware of any evidence
showing that model year 2015 and later
Ford Transit-based gas-powered CMVs
equipped with exhaust systems allowed
by the previous exemption have
resulted in any degradation of safety.
Ford conducted performance-based
testing demonstrating that the design of
the exhaust system for the model year
2015 and later Ford Transit CMVs (1)
resulted in CO exposure limits well
below thresholds established by the
Environmental Protection Agency
(EPA), Occupational Safety and Health
Administration (OSHA), and National
Institute of Occupational Safety and
Health (NIOSH), and (2) maintained a
level of safety that is equivalent to the
level of safety achieved without the
exemption.
Ford noted in its renewal application
that the exhaust systems for the Transitbased CMVs were modified starting
with the model year 2020 vehicles, but
that neither the model year 2015–2019
design nor the model year 2020 and
later design met the requirements of
section 393.83. Ford stated that while its
Transit-based CMVs may not satisfy the
specific exhaust system location
requirements of section 393.83, its
internal requirements applicable to the
design of the tailpipe system ensure the
system will provide an equivalent level
of safety for its customers. According to
the original application:
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
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Frm 00087
Fmt 4703
Sfmt 4703
powertrain and exhaust system) under
various driving conditions including idle and
top speed.
In its renewal application, Ford
outlined its internal CO cabin
concentration requirements, and how
those requirements meet or exceed
existing CO exposure limits set by EPA,
OSHA, and NIOSH. Ford further stated
that modifications to the exhaust design
to make it compliant with section
393.83 would result in encroachment of
required clearances for vehicle
departure angles. Failure to comply
with the departure angles may result in
damage to the exhaust systems from
ground contact during normal usage and
may adversely affect the function of the
exhaust system.
The Agency believes that extending
the exemption for a period of five years
will likely achieve a level of safety that
is equivalent to, or greater than, the
level of safety achieved without the
exemption because Ford’s performancebased testing demonstrated that the
design of the exhaust system for the
model year 2015 and later 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.
V. Exemption Decision
FMCSA is provisionally renewing the
exemption for a period of five years
subject to the terms and conditions of
this decision and the absence of public
comments that would cause the Agency
to terminate the exemption under Sec.
V.D below. The exemption from the
requirements of 49 CFR 393.83, is
otherwise effective from August 16,
2022, through August 16, 2027, 11:59
p.m. EST unless rescinded.
A. Applicability of Exemption
The exemption is restricted to motor
carriers operating model year 2015 and
later Ford-manufactured Transit-based
CMVs with GVWRs of 10,000 lb. or
greater that do not meet the exhaust
system location requirements in the 49
CFR 393.83.
B. Terms and Conditions
Drivers operating under the
exemption must comply with all other
applicable Federal Motor Carrier Safety
Regulations (49 CFR 350–399).
C. 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
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Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Notices
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.
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D. Termination
The exemption will be valid for five
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
objects of 49 U.S.C. 31136(e) and 31315.
Interested parties possessing
information that would demonstrate
that companies operating under this
exemption are not achieving the
requisite statutory level of safety should
immediately notify FMCSA. Such
information may be reported via email
to MCPSV@dot.gov. The Agency will
evaluate any such information and, if
safety is being compromised or if the
continuation of the exemption is not
consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to
revoke the exemption.
VI. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
Ford’s application for renewal of its
exemption from the requirement in 49
CFR 393.83 relating to the exhaust
system location requirements for model
year 2015 and later Ford-manufactured
Transit-based CMVs. The exemption
renewal is for 5 years.
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 also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022–17774 Filed 8–17–22; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0085]
Agency Information Collection
Activities; Renewal of an Approved
Information Collection:
Acknowledgement of Use of COVID–19
Emergency Declaration Relief
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval. This notice invites
comment on the information collection
titled ‘‘Acknowledgement of Use of
COVID–19 Emergency Declaration
Relief,’’ which is currently approved on
an emergency basis and allows FMCSA
to collect information from motor
carriers engaged in providing direct
assistance in response to certain
emergency declarations issued by the
Agency to provide regulatory relief for
such carriers in continued support of
the Nation’s coronavirus disease 2019
(COVID–19) recovery efforts. OMB
approved this collection on an
emergency basis and subsequently
extended that emergency approval. The
extension of the emergency approval
expires on August 31, 2022. No
comments were received in response to
the 60-day Federal Register notice.
DATES: Comments on this notice must be
received on or before September 19,
2022.
SUMMARY:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
William Bannister, Office of Analysis,
Research and Technology, DOT,
FMCSA, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC
20590–0001; 202–385–2388;
William.Bannister@dot.gov.
SUPPLEMENTARY INFORMATION:
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50913
Title: Acknowledgement of use of
COVID–19 Emergency Declaration
Relief.
OMB Control Number: 2126–0074.
Type of Request: Renewal of an
approved emergency collection.
Respondents: Motor carriers and
drivers that operate under the terms of
the extended COVID–19 Emergency
Declaration No. 2020–002.
Estimated Number of Respondents:
477 per month.
Estimated Time per Response: 15
minutes per response.
Expiration Date: August 31, 2022.
Frequency of Response: Monthly.
Estimated Total Annual Burden:
1,431 hours.
Background
FMCSA issued Emergency
Declaration No. 2020–002 in response to
the March 13, 2020, declaration of a
national emergency under 42 U.S.C.
519(b) related to the danger COVID–19
presents to public health and welfare.
FMCSA modified Emergency
Declaration 2020–002 to expand and
remove categories of supplies,
equipment, and persons covered by the
Emergency Declaration to respond to
changing needs for emergency relief.
The modified Emergency Declaration
was subsequently extended on June 15,
2020, August 15, 2020, December 1,
2020, August 31, 2021, and November
29, 2021, in accordance with 49 CFR
390.25, because the Presidentially
declared emergency remained in place
and because a continued exemption was
needed to support direct emergency
assistance for some supply chains.
In accordance with the expanded,
modified Emergency Declaration No.
2020–002, motor carriers and drivers
providing direct assistance in support of
relief efforts related to the COVID–19
public health emergency are granted
emergency relief from certain portions
of 49 CFR parts 390 through 399 of the
Federal Motor Carrier Safety
Regulations, except as restricted in the
Emergency Declaration. Direct
assistance means transportation and
other relief services provided by a motor
carrier or its driver(s) incident to the
immediate restoration of essential
services (such as medical care) or
essential supplies related to COVID–19
during the emergency. The notice
extending the declaration provides a list
of relief services and essential supplies.
Prior to September 1, 2021, neither
the Emergency Declaration nor the
regulations covering Emergency
Declarations (found in §§ 390.23 and
390.25) required that motor carriers or
drivers operating under the Emergency
Declaration report their operation to
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]]>Agencies
[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Notices]
[Pages 50911-50913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17774]
=======================================================================
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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 provisional renewal of exemption; request for
comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to provisionally renew the Ford
Motor Company's (Ford) exemption which allows motor carriers to operate
commercial motor vehicles (CMV) based on the Ford Transit model that do
not meet the exhaust system location requirements in the Federal Motor
Carrier Safety Regulations (FMCSRs). The exemption is renewed for 5
years.
DATES: This renewed exemption is effective August 16, 2022, through
August 16, 2027, unless rescinded earlier. Comments must be received on
or before September 19, 2022.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0111 using any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Docket Operations, 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, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2015-0111). 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 heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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, the comments are searchable by the name of the
submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
0676; [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2015-0111), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2015-0111'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from
[[Page 50912]]
the FMCSRs for a 5-year period if it 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.''
III. Background
Current Regulation(s) Requirements
Under 49 CFR 393.83, (1) the exhaust system of a bus powered by a
gasoline engine must 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 must 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. These requirements ensure
that exhaust fumes will not affect the driver's alertness or health or
the health of passengers.
Application for Renewal of Exemption
Ford has requested a 5-year renewal of its exemption from 49 CFR
393.83, Exhaust systems, previously granted on August 12, 2015,\1\ and
renewed on August 15, 2017 \2\ for Ford-manufactured CMVs based on the
Ford Transit model. Ford requested the exemption to allow motor
carriers to continue to operate Transit-based CMVs, stating that the
vehicle design and performance of the Transit emissions system achieves
a level of safety that is equivalent to, or greater than, the level of
safety that would be obtained by complying with 49 CFR 393.83. The
exemption covers gas-powered Transit-based CMVs with gross vehicle
weight ratings (GVWR) over 10,000 lb.
---------------------------------------------------------------------------
\1\ See 80 FR 48408.
\2\ See 82 FR 53556.
---------------------------------------------------------------------------
Original Application for Exemption and Operations Under Exemption
In its original application, Ford stated that although the Transit
CMV did not meet these Agency's exhaust requirements, it conducted
performance-based testing which demonstrated that the exhaust system
achieved a level of safety equivalent to or greater than, the level of
safety that would be obtained by complying with the existing
regulation. Ford used monitors to measure the concentration of CO from
the power train and exhaust system at locations in the vehicle's
passenger compartment under various driving conditions, including idle
and top speed. The tests showed that CO concentration levels were below
every safety threshold used by Federal Agencies as an allowable
performance metric.
Ford applied for an exemption from 49 CFR 393.83 on December 1,
2014, to allow motor carriers to operate Transit-based CMVs that do not
comply with the exhaust system location requirements. Based on Ford's
application, FMCSA granted a two year exemption on August 12, 2015 (80
FR 48408), and subsequently renewed that exemption from August 15, 2017
to August 15, 2022 (82 FR 53556).
IV. Equivalent Level of Safety Analysis
FMCSA is not aware of any evidence showing that model year 2015 and
later Ford Transit-based gas-powered CMVs equipped with exhaust systems
allowed by the previous exemption have resulted in any degradation of
safety. Ford conducted performance-based testing demonstrating that the
design of the exhaust system for the model year 2015 and later Ford
Transit CMVs (1) resulted in CO exposure limits well below thresholds
established by the Environmental Protection Agency (EPA), Occupational
Safety and Health Administration (OSHA), and National Institute of
Occupational Safety and Health (NIOSH), and (2) maintained a level of
safety that is equivalent to the level of safety achieved without the
exemption.
Ford noted in its renewal application that the exhaust systems for
the Transit-based CMVs were modified starting with the model year 2020
vehicles, but that neither the model year 2015-2019 design nor the
model year 2020 and later design met the requirements of section
393.83. Ford stated that while its Transit-based CMVs may not satisfy
the specific exhaust system location requirements of section 393.83,
its internal requirements applicable to the design of the tailpipe
system ensure the system will provide an equivalent level of safety for
its customers. According to the original application:
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.
In its renewal application, Ford outlined its internal CO cabin
concentration requirements, and how those requirements meet or exceed
existing CO exposure limits set by EPA, OSHA, and NIOSH. Ford further
stated that modifications to the exhaust design to make it compliant
with section 393.83 would result in encroachment of required clearances
for vehicle departure angles. Failure to comply with the departure
angles may result in damage to the exhaust systems from ground contact
during normal usage and may adversely affect the function of the
exhaust system.
The Agency believes that extending the exemption for a period of
five years will likely achieve a level of safety that is equivalent to,
or greater than, the level of safety achieved without the exemption
because Ford's performance-based testing demonstrated that the design
of the exhaust system for the model year 2015 and later 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.
V. Exemption Decision
FMCSA is provisionally renewing the exemption for a period of five
years subject to the terms and conditions of this decision and the
absence of public comments that would cause the Agency to terminate the
exemption under Sec. V.D below. The exemption from the requirements of
49 CFR 393.83, is otherwise effective from August 16, 2022, through
August 16, 2027, 11:59 p.m. EST unless rescinded.
A. Applicability of Exemption
The exemption is restricted to motor carriers operating model year
2015 and later Ford-manufactured Transit-based CMVs with GVWRs of
10,000 lb. or greater that do not meet the exhaust system location
requirements in the 49 CFR 393.83.
B. Terms and Conditions
Drivers operating under the exemption must comply with all other
applicable Federal Motor Carrier Safety Regulations (49 CFR 350-399).
C. 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
[[Page 50913]]
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.
D. Termination
The exemption will be valid for five 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 objects of
49 U.S.C. 31136(e) and 31315.
Interested parties possessing information that would demonstrate
that companies operating under this exemption are not achieving the
requisite statutory level of safety should immediately notify FMCSA.
Such information may be reported via email to [email protected]. The Agency
will evaluate any such information and, if safety is being compromised
or if the continuation of the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the
exemption.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Ford's application for renewal
of its exemption from the requirement in 49 CFR 393.83 relating to the
exhaust system location requirements for model year 2015 and later
Ford-manufactured Transit-based CMVs. The exemption renewal is for 5
years.
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 also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-17774 Filed 8-17-22; 8:45 am]
BILLING CODE 4910-EX-P
