[Federal Register Volume 66, Number 165 (Friday, August 24, 2001)]
[Notices]
[Pages 44663-44664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21454]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[DOCKET No. NHTSA-01-10411; NOTICE 1]


Reliance Trailer Company, LLC ; Receipt of Application for 
Decision of Inconsequential Noncompliance

    Reliance Trailer Company, LLC, of Spokane, Washington, determined 
that 26 of its dump body trailers failed to comply with Federal Motor 
Vehicle Safety Standard (FMVSS) No. 224, ``Rear Impact Protection,'' 
and has applied to be exempted from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 ``Motor Vehicle Safety'' on the 
basis that the noncompliance is inconsequential to motor vehicle 
safety. Reliance has filed an appropriate report of noncompliance 
pursuant to 49 CFR Part 573 ``Defects and Noncompliance Reports.''
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgement concerning the merits of the application.
    On May 29, 2001, Reliance filed a petition for inconsequential 
noncompliance after it determined that 26 dump body trailers it 
manufactured may not comply with FMVSS No. 224, ``because their wheels 
were located farther ahead of the 12" wheels back dimension.''

Description of Noncompliance and Reasons of Exemption

    Reliance stated:

    We are a small, Pacific Northwest, custom trailer manufacturer 
(LLC in Washington State) with a small (38 person) operation, in 
Western Washington, that builds aggregate hauling equipment for road 
building and construction industries.

[[Page 44664]]

1. FMVSS 224 Compliance Problems

    Asphalt laydown equipment have hoppers into which our vehicle 
dumps the hot mix and the various types require our rear axles to be 
set ahead of the trailer rear 16"-18." This location is farther than 
the 12" ``wheels back'' measurement, so an under-ride device should 
be installed. However, any device behind the tires will interfere 
with this operation unless it can be moved out of the way when this 
dumping takes place.
    Currently, no one has been able to get paver manufacturers to 
revise, or users to retrofit all their equipment so the under-ride 
could be accommodated. Additionally, no vehicle manufacturer has 
come up with a reasonably durable, cost effective, movable guard 
that is not too heavy, too expensive to maintain.

2. Competitors' Exemption

Docket #NHTSA-98-3848, Notice 2, Grant of Petition
Docket #NHTSA-98-3848, Notice 3, Petition for Renewal
Docket #NHTSA-98-3848, Notice 4, Grant of Petition

    Beall Trailers of Washington, Inc. was granted an exemption. All 
the details in those dockets are similar to ours and we compete with 
them directly for this type of business.

3. Similar ``Paver'' Exemption

Docket #NHTSA-2001-8827 Notice 2, Grant of Petition

    Dan Hill and Associates, Inc. and Red River Manufacturing, Inc. 
received an exemption published April 18, 2001, which expires April, 
2003, for trailers those two competitors build. They have similar 
interference problems with paving equipment. Their experiences in 
designing and constructing guards, that will work, show how 
difficult this is.

4. Vehicle Use and Exposure on Highways

    Very small quantities of these vehicles are built each year. 
Typical hauls are short and have minimal amount of time traveling on 
highways compared with most freight trailers.
    Asphalt batch plants are typically set up close to the paving 
activities so vehicles spend little time traveling on roads to the 
paving site. Often, special temporary access, off highways, is 
provided for paving operations, which also diminishes the exposure 
for these vehicles.
    We know of no rear end collisions, involving injuries, with this 
type of trailer.

5. Under-ride Guard and Research Activities

    We are beginning a review of paving equipment that these 
trailers mate with to determine if they can be retrofitted or 
modified to accommodate trailers with tires located within 12" of 
the rear. With this survey, we will determine how a fixed rear guard 
interferes and what requirements will be necessary for swing up or 
retractable guards.
    Based on this, Reliance will aggressively proceed to design, 
build, test and provide prototypes to determine the feasibility and 
usefulness of these devices.
    Hot asphalt build-up on any moving parts may require frequent 
cleaning or maintenance and will need to be analyzed carefully so 
these devices will work.
    Frequent impacts, while contacting the paver, are a serious 
consideration that can affect the integrity of the guard.
    Based upon the foregoing, we are asking to be granted an 
Exemption for Inconsequential Noncompliance.

    Separately, Reliance submitted a Petition for a Temporary Exemption 
from FMVSS No. 224 (66 FR 36989).
    Interested persons are invited to submit written data, views and 
arguments on the petition of Reliance, described above. Comments should 
refer to the Docket 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 that two 
copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date will also 
be filed and will be considered to the extent practicable. When the 
application is granted or denied, a notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: September 24, 2001.

(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and 
49 CFR 501.8)


    Issued on: August 20, 2001.
Stephen R. Kratzke,
Associate Administrator for Safety Performance Standards.
[FR Doc. 01-21454 Filed 8-23-01; 8:45 am]
BILLING CODE 4910-59-P