[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Notices]
[Pages 27353-27354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12627]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-99-5683; Notice 1]


Dan Hill & Associates, Inc.; Application for Renewal of Temporary 
Exemption From Federal Motor Vehicle Safety Standard No. 224

    We are asking for comments on the application by Dan Hill & 
Associates, Inc. (``Dan Hill''), of Norman, Oklahoma, for a renewal of 
its existing temporary exemption from Motor Vehicle Safety Standard No. 
224 Rear Impact Protection. As before, Dan Hill asserts that compliance 
would cause substantial economic hardship to a manufacturer that has 
tried in good faith to comply with the standard.

    We are publishing this notice of receipt of the application in 
accordance with our regulations on the subject. This action does not 
mean that we have made a judgment yet about the merits of the 
application.

    We granted Dan Hill a 1-year temporary exemption from Standard No. 
224 on January 26, 1998 (63 FR 3784). The exemption was to expire on 
February 1, 1999, but Dan Hill filed a timely application for renewal, 
and, as provided by 49 CFR 555.8(e), the exemption will continue in 
effect until we make a decision on its application. The company has 
requested an extension of this exemption until February 1, 2001.

    The information below is based on material from Dan Hill's original 
and renewal applications.

Why Dan Hill Needs to Renew Its Exemption.

    Dan Hill manufactures and sells a horizontal discharge trailer 
(``Flow Boy'') that is used in the road construction industry to 
deliver asphalt and other road building materials to the construction 
site. The Flow Boy is designed to connect with and latch onto various 
paving machines (``pavers''). The Flow Boy, with its hydraulically 
controlled horizontal discharge system, discharges hot mix asphalt at a 
controlled rate into a paver which overlays the road surface with 
asphalt material.

    Standard No. 224 required, effective January 26, 1998, that all 
trailers with a GVWR of 4536 Kg or more, including Flow Boy trailers, 
be fitted with a rear impact guard that conforms to Standard No. 223 
Rear impact guards. Installation of the rear impact guard will prevent 
the Flow Boy from connecting to the paver.

[[Page 27354]]

Thus, Flow Boy trailers will no longer be functional and contractors 
will be forced to use standard dump body trucks or trailers with their 
inherent limitations and safety risks.

Dan Hill's Reasons Why Compliance Would Cause Substantial Economic 
Hardship to a Manufacturer That Has Tried in Good Faith To Comply 
With Standard No. 224.

    At the time of its initial application, Dan Hill told us that it 
had manufactured 81 Flow Boy trailers in 1996 (plus 21 other trailers). 
Its production in the 12-month period preceding its application for 
renewal was ``130 units for the domestic market and 35 units for the 
international market.''

    Dan Hill originally asked for a year's exemption in order to 
explore the feasibility of a rear impact guard that would allow the 
Flow Boy trailer to connect to a conventional paver. It has 
concentrated its efforts this past year in investigating the 
feasibility of a retractable rear impact guard, which will enable Flow 
Boys to continue to connect to pavers.

    In the absence of an exemption, Dan Hill originally asserted that 
approximately 60 percent of its work force would have to be laid off; 
it now argues that failure to extend its exemption would ultimately 
cause a lay off of ``approximately 70 percent'' of its work force. If 
the exemption were not renewed, Dan Hill's gross sales would decrease 
by $8,273,117. Its cumulative net income after taxes for the fiscal 
years 1995, 1996, and 1997 was $303,303. It projected a net income of 
$356,358 for fiscal year 1998.

    At the time of its original application, its studies show that the 
placement of the retractable rear impact guard would likely catch 
excess asphalt as it was discharged into the pavement hopper. Further, 
the increased cost of the Flow Boy would likely cause contractors to 
choose the cheaper alternative of dump trucks. Finally, the increased 
weight of the retractable rear impact guard would significantly 
decrease the payload of the Flow Boy.

    Dan Hill sent its Product Specialist to Germany in 1994 to view 
underride protection guards installed by a German customer on Flow Boy 
trailers but the technology proved inapplicable because of differences 
between German and American pavers. Manufacturers of paving machines 
are not interested in redesigning their equipment to accommodate a Flow 
Boy with a rear impact guard. Dan Hill contacted a British manufacturer 
of a retractable rear impact guard but the information received by the 
time of its initial application did not look encouraging.

    During the time that the exemption has been in effect, Dan Hill has 
continued its efforts to locate a source for a retractable rear impact 
guard, locating one in Europe which ``was in the process of designing a 
retractable guard that would meet Standard No. 223 specifications and 
attach to the Flow Boy trailer while allowing the Flow Boy to attach to 
a paver.'' However, the European retractable rear impact guard, which 
was of a ``swing out'' design, raised problems of worker safety, 
reduced payload because of the guard's weight, accumulation of asphalt 
paving material on the guard, and prohibitive costs. Dan Hill is now 
examining the feasibility of a ``swing in'' guard. It is working with 
an English source to develop a guard that will comply with Standard No. 
223. Dan Hill will then install the guard on several Flow Boy trailers 
to determine whether further design modifications are required. It 
anticipates full compliance at the end of a further exemption of 2 
years.

Dan Hill's Reasons Why a Temporary Exemption Would be in the Public 
Interest and Consistent With Objectives of Motor Vehicle Safety

    Dan Hill believes that an exemption would be in the public interest 
and consistent with traffic safety objectives because the Flow Boy aids 
in the construction of the national road system. Flow Boy 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 Flow Boy is such that the rear tires act as a buffer and 
reduce the likelihood of impact with the trailer.

How You May Comment on Dan Hill's Application

    If you would like to comment on Dan Hill's application, please do 
so in writing, in duplicate, referring to the docket and notice number, 
and mail to: Docket Management, National Highway Traffic Safety 
Administration, room PL-401, 400 Seventh Street, SW, Washington, DC 
20590.

    We shall consider all comments received before the close of 
business on the date indicated below. Comments are available for 
examination in the docket in room PL-401 both before and after that 
date, between the hours of 10 a.m. and 5 p.m. To the extent possible, 
we also consider comments filed after the closing date. We will publish 
our decision on the application, pursuant to the authority indicated 
below.

    Comment closing date: June 18, 1999.

    Authority: 49 U.S.C. 30113; delegations of authority at 49 CFR 
1.50 and 501.4.

    Issued on: May 14, 1999.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 99-12627 Filed 5-18-99; 8:45 am]
BILLING CODE 4910-59-P