[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Notices]
[Pages 2644-2645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1061]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2001-10044; Notice 3]


Reliance Trailer Co., LLC.; Receipt of Application for Renewal of 
Temporary Exemption From Federal Motor Vehicle Safety Standard No. 224

    Reliance Trailer Co., LLC, of Spokane, Washington (Reliance), has 
applied for a renewal of a temporary exemption of its dump body trailer 
from Federal Motor Vehicle Safety Standard No. 224, Rear Impact 
Protection (FMVSS No. 224). In accordance with 49 U.S.C. 
30113(b)(3)(B)(i), the basis of the request is that compliance would 
cause substantial economic hardship to a manufacturer that has made a 
good faith effort to comply with the standard.
    We are publishing this notice of receipt of the renewal application 
in accordance with the requirements of 49 U.S.C. 30113(b)(2). This 
action does not represent any judgment of the agency on the merits of 
the application.
    On October 22, 2001, NHTSA granted Reliance a two-year hardship 
exemption from the requirements of FMVSS No. 224.\1\ That exemption 
expired on October 1, 2003. Reliance petitioned for renewal on 
September 24, 2003. Because Reliance did not apply for a renewal more 
than 60 days prior to expiration of the original exemption, the 
petitioner is no longer subject to the October 22, 2001 exemption.\2\
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    \1\ For background information on the company please see 
original petition (66 FR 36032).
    \2\ See 49 CFR 555.8(e).
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    FMVSS No. 224 requires, effective January 26, 1998, that all 
trailers with a GVWR of 4536 kg or more, including Reliance's dump body 
trailers, be fitted with a rear impact guard that conforms to Standard 
No. 223, Rear Impact Guards.
    In the original petition, Reliance argued that a rear impact guard 
prevented its trailers from properly discharging asphalt into paving 
equipment. According to petitioners, compliance with FMVSS No. 224 
rendered their dump body trailers useless for performing their intended 
function. During the two-year temporary exemption period, Reliance 
anticipated acquiring the revenue necessary to design a complex 
retractable rear impact guard that would allow for proper interaction 
with paving equipment. However, petitioners now state that they have 
not been able to arrive at a practical, and economic solution for

[[Page 2645]]

complying with the requirements of FMVSS No. 224.
    In addition to their inability to design a practicable rear impact 
guard, Reliance experienced a significant economic downturn in the past 
two years. Specifically, petitioner's financial statements show a 
profit of $69,284 for the fiscal year 2000; an operating loss of 
$1,181,900 for the fiscal year 2001; and an operating loss of 
$2,477,700 for the 2002 fiscal year. This represents a cumulative loss 
for a period of 3 years of $3,590,316.\3\ In 2003, Reliance produced 
only 12 dump body trailers, which is significantly less than the output 
in the previous two years.
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    \3\ To see Reliance petition for renewal of their temporary 
exemption, please go to http://dms.dot.gov/search/searchFormSimple.cfm and enter Docket No. NHTSA-2001-10044.
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    Petitioners contend that the renewal of their exemption would be in 
the public interest for the following reasons. First, Reliance argues 
that denial of this petition request would reduce their payroll by 15 
to 18 employees. Second, Reliance argues that an exemption would allow 
the company to continue providing paving equipment needed by road 
building industry.
    Petitioners ask NHTSA to renew their exemption from the 
requirements of FMVSS No. 224 until February 1, 2006. According to 
Reliance, they will continue to seek a practicable and financially 
viable solution that would allow dump body trailers with rear impact 
guards to functionally interact with paving equipment.

How You May Comment on Reliance Application

    We invite you to submit comments on the application described 
above. You may submit comments [identified by DOT Docket Number NHTSA 
2001-10044] by any of the following methods:
    [sbull] Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site by clicking on 
``Help and Information'' or ``Help/Info.''
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 am and 5 
pm, Monday through Friday, except Federal Holidays.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://dms.dot.gov, including any personal information 
provided.
    Docket: For access to the docket in order to read background 
documents or comments received, go to http://dms.dot.gov at any time or 
to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC, between 9 am and 5 pm, Monday through 
Friday, except Federal Holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.
    We shall consider all comments received before the close of 
business on the comment closing date indicated below. To the extent 
possible, we shall also consider comments filed after the closing date. 
We shall publish a notice of final action on the application in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: February 17, 2004.

FOR FURTHER INFORMATION CONTACT: George Feygin in the Office of Chief 
Counsel, NCC-112, (Phone: 202-366-2992; Fax 202-366-3820; E-mail: 
[email protected]).

(49 U.S.C. 30113; delegations of authority at 49 CFR 1.50. and 
501.8)

    Issued on: January 12, 2004.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 04-1061 Filed 1-15-04; 8:45 am]
BILLING CODE 4910-59-P