[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August 16, 2027, unless rescinded earlier.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; [email protected].

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 [email protected]. 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]
BILLING CODE 4910-EX-P