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Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Ford Motor Company Publication: Federal Register Signing Official: Robin Hutcheson Agency: Federal Motor Carrier Safety Administration Date: 18 August 2022 Topic: Ford Transit 
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[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.
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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August 16, 2027, unless rescinded earlier.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; MCPSV@dot.gov.
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.
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\1\ See 80 FR 48408.
\2\ See 82 FR 53556.
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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 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]
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