Parts and Accessories Necessary for Safe Operation; Ford Motor Company Application for an Exemption |
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Topics: Ford Transit
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
August 12, 2015
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48408-48409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19801]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0111]
Parts and Accessories Necessary for Safe Operation; Ford Motor
Company Application for an Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Ford Motor Company's (Ford) exemption
application to allow motor carriers to operate Ford's Transit-based
commercial motor vehicles (CMVs) that do not meet the exhaust system
location requirements in the Federal Motor Carrier Safety Regulations
(FMCSRs). The FMCSRs require (1) the exhaust system of a bus powered by
a gasoline engine to discharge to the atmosphere at or within 6 inches
forward of the rearmost part of the bus and (2) the exhaust system of
every truck and truck tractor to discharge to the atmosphere at a
location to the rear of the cab or, if the exhaust projects above the
cab, at a location near the rear of the cab. Although the Ford Transit
does not meet these requirements, it has undergone performance-based
testing which demonstrates that the exhaust system achieves a level of
safety equivalent to or greater than the level of safety that would be
obtained by complying with the regulation. Ford performed carbon
monoxide (CO) concentration tests which used CO monitors at various
locations within the vehicle to measure the concentration of CO ingress
into the occupant compartment (from the vehicles' own powertrain and
exhaust system) under various driving conditions including idle and top
speed. The tests showed that the resulting CO concentration is below
every threshold used by Federal agencies. FMCSA has concluded that the
limited 2-year exemption will achieve a level of safety equivalent to
or greater than the level of safety provided by the rule restricting
the location of exhaust systems on CMVs to ensure that exhaust fumes
will not affect the driver's alertness or health or the health of
passengers.
DATES: This exemption is effective August 12, 2015 and ending August
14, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, 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. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
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 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)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
Ford's 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 exhaust system location requirements. A copy of the
application is included in the docket referenced at the beginning of
this notice.
Section 393.83, ``Exhaust systems,'' includes requirements
regarding the location of exhaust systems on CMVS to ensure that
exhaust fumes will not affect the driver's alertness or health or the
health of passengers. Specifically, Sec. 393.83(c) states that ``[t]he
exhaust system of a bus powered by a gasoline engine shall discharge to
the atmosphere at or within 6 inches forward of the rearmost part of
the bus''; Sec. 393.83(e) states that ``[t]he exhaust system of every
truck and truck tractor shall discharge to the atmosphere at a location
to the rear of the cab or, if the exhaust projects above the cab, at a
location near the rear of the cab.''
Ford noted in its application that, while its Transit-based CMVs
may not satisfy the specific exhaust system location requirements of
Sec. 393.83, 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. According to the 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.
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 stated that the
27 ppm limit is based on the Environmental Protection Agency's (EPA)
Acute Exposure Guideline Level limits for CO exposure for 8 hour TWA,
which is more severe than both the Occupational Safety & Health
[[Page 48409]]
Administration's (OSHA) permissible exposure limit of 50 ppm for an 8
hour TWA and the National Institute of Occupational Safety and Health's
(NIOSH) permissible exposure limit of 35 ppm for a 10 hour TWA. Under
``worst-case conditions,'' Ford measured the CO level to be 17 ppm for
the Model year 2015 Transit, well below the EPA, OSHA, and NIOSH
limits.
Additionally Ford stated that it has internal requirements to
establish the appropriate clearance required between a vehicle and the
ground to meet a minimum level of on-road functionality. Ford has
specific departure angle requirements for 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.
FMCSA published a notice of the application in the Federal Register
on April 17, 2015, and asked for public comment (80 FR 21294).
Comments
The Agency received one comment, from an anonymous commenter. The
commenter expressed concern ``that over time after the vehicle is
initially manufactured, the exhaust system will be subject to wear and
tear and as such may not perform to the same standard that it did upon
original manufacture. Although Ford was able to demonstrate that the
system was able to detect potentially dangerous situations with the
exhaust at the time of manufacture, we will truly have no understanding
of how that system will perform 10 or 15 years later.''
FMCSA Response
FMCSA acknowledges the commenter's concern that exhaust systems,
like other vehicle components and equipment, are subject to wear and
tear as vehicles age. However, 49 CFR part 396 requires a motor carrier
to systematically inspect, repair, and maintain all motor vehicles
subject to its control (Sec. 396.3(a)), and ensure that all parts and
accessories are in safe and proper operating condition at all times
(Sec. 396.3(a)(1)). Further, Sec. 396.17 requires every CMV to be
inspected at least once every 12 months in accordance with the
provisions of Appendix G to Subchapter B of Chapter III of the FMCSRs,
``Minimum Periodic Inspection Standards,'' which includes a review of
the vehicle's exhaust system. Finally, FMCSA expects that, as these
exhaust systems wear out, vehicle owners will replace them with exhaust
systems identical or equivalent to the original equipment, ensuring an
equivalent level of performance.
As noted below, this temporary exemption is valid for a limited
period of 2 years, and any party possessing information that would
demonstrate that motor carriers using Ford Transit-based CMVS are not
achieving the requisite statutory level of safety should immediately
notify FMCSA. 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.
FMCSA Decision
The FMCSA has evaluated the Ford exemption application. The Agency
believes that granting the temporary exemption to allow the operation
of Model Year 2015 Ford Transit-based gas bus models (of all gross
vehicle weight ratings), vans over 10,000 pounds gross vehicle weight
rating, and corresponding future Transit-based models of the same
design produced during the effective period of the exemption will
provide a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption. Ford conducted
performance-based testing that demonstrates that the design of the
exhaust system for the Model Year 2015 and later Fort Transit CMVs (1)
results in CO exposure limits that are well below EPA, OSHA, and NIOSH
established thresholds, and (2) will maintain a level of safety that is
equivalent to the level of safety achieved without the exemption.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a 2-year period,
beginning August 12, 2015 and ending August 14, 2017. During the
temporary exemption period, motor carriers will be allowed to operate
Model Year 2015 Ford Transit-based gas bus models (of all gross vehicle
weight ratings), vans over 10,000 pounds gross vehicle weight rating,
and corresponding future Transit-based models of the same design
produced during the effective period of the exemption that do not meet
the exhaust system location requirements. The exemption will be valid
for 2 years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or commercial motor vehicles fail
to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
Interested parties possessing information that would demonstrate
that motor carriers using Ford Transit-based CMVs are not achieving the
requisite statutory level of safety should immediately notify FMCSA.
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.
Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating a vehicle
covered by the exemption.
Issued on August 5, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-19801 Filed 8-11-15; 8:45 am]
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