Red River Manufacturing, Inc.; Petition for Temporary Exemption From Federal Motor Vehicle Safety Standard No. 224 |
|---|
|
L. Robert Shelton
National Highway Traffic Safety Administration
February 2, 1998
[Federal Register: February 2, 1998 (Volume 63, Number 21)]
[Notices]
[Page 5416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe98-115]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3355; Notice 1]
Red River Manufacturing, Inc.; Petition for Temporary Exemption
From Federal Motor Vehicle Safety Standard No. 224
Red River Manufacturing, Inc., of West Fargo, North Dakota, has
petitioned for a three-year temporary exemption from Motor Vehicle
Safety Standard No. 224 Rear Impact Protection. The basis of the
petition is that compliance would cause substantial economic hardship
to a manufacturer that has tried in good faith to comply with the
standard.
This notice of receipt of the petition is published in accordance
with agency regulations on the subject and does not represent any
judgment by the agency about the merits of the petition.
The applicant manufactures and sells horizontal discharge trailers.
One type is used in the road construction industry to deliver asphalt
and other road building materials to the construction site, and the
other type to haul feed, seed, and agricultural products such as sugar
beets and potatoes, from the fields to hoppers for storage or
processing. Both are known by the name ``Live Bottom.''
Standard No. 224 requires, effective January 26, 1998, that all
trailers with a GVWR of 4536 Kg or more, including Live Bottom
trailers, be fitted with a rear impact guard that conforms to Standard
No. 223 Rear impact guards. The applicant, which manufactured 265 Live
Bottom trailers in 1996 has asked for an exemption of three years in
order to develop a rear impact guard that conforms to Standard No. 223
and can be installed in compliance with Standard No. 224, while
retaining its functionality and price-competitiveness. In the absence
of an exemption, it believes that approximately 50 percent of its work
force would have to be laid off. Its gross revenues would decrease by
$4,000,000 to $5,000,000 (these have averaged $13,049,311 over its
1994, 1995, and 1996 fiscal years).
Present studies show that the placement of a retractable rear
impact guard would likely catch excess asphalt and agricultural
products as they were discharged into hoppers. Further, the increased
cost of the Live Bottom, were it required to comply immediately, would
likely cause contractors to choose the cheaper alternative of dump
trucks. Finally, the increased weight of a retractable rear impact
guard would significantly decrease the payload of the Live Bottom.
In mid 1996, the applicant's design staff began exploring options
for compliance with Standard No. 224. Through a business partner in
Denmark, the company reviewed the European rear impact protection
systems. Because these designs must be manually operated by ground
personnel, they would not be acceptable to the applicant's American
customers. Later in 1996, Red River decided to investigate powered
retractable rear impact guards. The initial design could not meet the
energy absorption requirements of Standard No. 223. The company is now
investigating another design for retractable rear impact guards, which
``is being refined and analyzed.
The applicant believes that an exemption would be in the public
interest and consistent with traffic safety objectives because the Live
Bottom ``can be used safely where it would be hazardous or impractical
to use end dump trailers, such as on uneven terrain or in places with
low overhead clearances.'' These trailers are ``valuable to the
agricultural sector'' because of the advantages they offer in the
handling of relatively fragile cargo. An exemption ``would have no
adverse effect on the safety of the general public'' because the Live
Bottom spends very little of its operating life on the highway and the
likelihood of its being involved in a rear-end collision is minimal. In
addition, the design of the Live Bottom is such that the rear tires act
as a buffer and reduce the likelihood of impact with the trailer.
Interested persons are invited to submit comments on the petition
described above. Comments should refer to the docket and notice number,
and be submitted to: Docket Management, National Highway Traffic Safety
Administration, room PL-401, 400 Seventh Street, SW, Washington, DC
20590. It is requested but not required that 10 copies be submitted.
All comments received before the close of business on the comment
closing date below will be considered, and will be available for
examination in the docket at the above address both before and after
that date, between the hours of 10 a.m. and 5 p.m. To the extent
possible, comments filed after the closing date will also be
considered. Notice of final action on the petition will be published in
the Federal Register pursuant to the authority indicated below.
Comment closing date: February 23, 1998.
Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR
1.50 and 501.4.
Issued on: January 28, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-2486 Filed 1-30-98; 8:45 am]
BILLING CODE 4910-59-P