[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Notices]
[Pages 3267-3268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1356]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-98-3848; Notice 3]


Beall Trailers of Washington, Inc.; Petition for Renewal of 
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 asked 
us to renew, for three years, the temporary exemption we granted it in 
July 1998 from Federal 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.
    We are publishing this notice of receipt of the petition in 
accordance with our regulations on the subject. This action does not 
represent that we have made any judgment about the merits of the 
petition.
    On July 8, 1998, we granted Beall's initial exemption petition, 
assigning it NHTSA Temporary Exemption No. 98-5, expiring July 1, 1999 
(63 FR 36989). On April 20, 1999, we received Beall's application for 
renewal, which was filed in time to stay the expiration date of the 
exemption, as provided by 49 CFR 555.8(e). Following our request, Beall 
provided more current financial and production information on October 
28, 1999 to supplement its new petition.
    Beall manufactures and sells dump body trailers. It (identified in 
the petition as ``Truckweld'') produced a total of 311 trailers in 
1997, of which 124 were dump body types. Truckweld trailer production 
in 1998 was down to 135 units but the number of dump body types was not 
stated.
    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 argued earlier 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. During the time that its exemption has been 
in effect, Beall ``has, in good faith, made attempts to design a 
compliant device.'' It states that it has developed ``a number of 
potential designs'' including an articulating design, but ``these 
devices * * * do not meet FMVSS 224, have interferences with paving 
equipment, or have severe maintenance issues.'' The company is still 
testing hinged, retractable devices but three issues must be overcome. 
First, space for a retracted device is not readily available ``due to 
the clearance issues in connecting to pavers.'' Raising the box also 
raises the center of gravity and reduces the stability of the trailers 
``thereby endangering others.'' Second, ``asphalt service will, over a 
period of time, render such devices unusable.'' Finally, ``it would be 
possible to operate a trailer with these type (sic) of devices in the 
retracted position, therefore not in compliance.'' It will continue its 
efforts to conform during the three-year exemption period it has 
requested.
    If a renewal of the 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. It argues that maintenance of full employment 
would be in the public interest . Beall's net income was $39,317 in 
fiscal year 1995, $72,213 in 1996, $697,040 before income taxes in 
1997, and $326,255 in 1998.
    We welcome your written comments on Beall's petition. Please send 
three copies, headed with the docket and notice number shown at the top 
of this document, and addressed to: Docket Management, National Highway 
Traffic Safety Administration, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590. We consider all comments received before the 
close of business on the comment closing date below . The comments will 
be available for your 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, we will also

[[Page 3268]]

consider comments filed after the closing date. We shall publish notice 
of our final action on the petition in the Federal Register under the 
authority of 49 U.S.C. 30113, and the delegations of authority at 49 
CFR 1.50 and 501.4.
    Comment closing date: February 22, 2000.

    Issued on: January 14, 2000.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 00-1356 Filed 1-19-00; 8:45 am]
BILLIING CODE 4910-59-P