[Federal Register: May 19, 1998 (Volume 63, Number 96)]
[Notices]               
[Page 27618-27619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my98-142]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
[Docket No. NHTSA-98-3848; Notice 1]

 
Beall Trailers of Washington, Inc.; Petition for Temporary 
Exemption From Federal Motor Vehicle Safety Standard No. 224

    Beall Trailers of Washington, Inc., of Kent, Washington, 
(``Beall''), a wholly-owned subsidiary of Beall Corporation, has 
petitioned for a one-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.
    Beall manufacturers and sells dump body trailers. It produced a 
total of 311 trailers in 1997, of which 124 were dump body types. 
Standard No. 224 requires, effective January 26, 1998, that all 
trailers with a GVWR of 4536 Kg or more, including dump body types, be 
fitted with a rear impact guard that conforms to Standard No. 223 Rear 
impact guards. Beall states that ``alterations may have to be made to 
the trailer chassis or even raising the dump box to provide space for 
the retractable guard,'' indicating that a guard that retracts when the 
dump body is in operation is the solution it is seeking in order to 
comply. According to Beall's application, the company has ``placed 
significant resources (time and money)

[[Page 27619]]

towards the design of an acceptable guard. We have involved Montana 
State University professors from their Mechanical Engineering 
department. We have conducted Finite Element Analysis and traditional 
methods of design arriving at a plastically deforming guard that meets 
the standard, for nonasphalt carrying applications.'' The deforming 
guard does not retract, thus cannot be used on dump body trailers. It 
believes that its problem is similar to that experienced by other 
manufacturers manufacturing dump trailers. The company states that 
``devices used in other countries do not meet FMVSS 224.'' It continues 
to study ``hinged/retractable devices'' but must overcome lack of space 
for a retracted device. It will strive to develop a device that would 
comply with Federal requirements while an exemption is in effect.
    If an exemption is not granted, substantial economic hardship will 
result. First, it would lose a trailer that accounts for 40 percent of 
its overall production. In addition, ``some percentage of the remaining 
60% would be lost since our customers typically purchase matching truck 
mounted dump bodies which may also be lost.'' It also believes that 31 
of its 63 employees would have to be laid off if its application is 
denied. Maintenance of full employment would be in the public interest 
it argues. Beall's net income was $39,317 in 1996 and $72,213 in 1996. 
In the first 10 months of 1997, its net income before income taxes was 
$697,040. If the application is denied, it foresees a net loss of 
$71,445 for 1998.
    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: June 8, 1998.

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

    Issued on: May 13, 1998.
L. Robert Shelton,
Associate Administrator for Safety Performance Standards.
[FR Doc. 98-13276 Filed 5-18-98; 8:45 am]
BILLING CODE 4910-59-M