federal_register: 2013-08958
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 2013-08958 | Sidump'r Trailer Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance | Notice | Sidump'r Trailer Company, Inc. (Sidump'r) has determined that the rear impact guards on certain trailers that it manufactured between January 10, 2006 and April 13, 2007 do not comply with paragraph S5.1 of 49 CFR 571.224, Federal Motor Vehicle Safety Standard (FMVSS) No. 224, Rear Impact Protection. Sidump'r has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports, dated April 20, 2007. Pursuant to 49 U.S.C. 30118 (d) and 30120 (h) and the rule implementing those provisions at 49 CFR Part 556, Sidump'r has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. Notice of receipt of a petition was published, with a 30-day public comment period, on August 16, 2007, in the Federal Register (72 FR 46127). The National Highway Traffic Safety Administration (NHTSA) received no comments. To view the petition and all supporting documents log onto the Federal Docket Management System (FDMS) Web site at: http:// www.regulations.gov/. Then follow the online search instructions to locate docket number "NHTSA-2007-28927." For further information on this decision, contact Mr. Luis Figueroa, Office of Vehicle Safety Compliance, NHTSA, telephone (202) 366-5298, facsimile (202) 366-1002. Trailers Involved: Affected are approximately 416 model 223, 325 and 425 side dump bulk material hauling trailers manufactured by Sidump'r between January 10, 2006 and April 13, 2007. Summary of Sidump'r's Analysis and Arguments: Sidump'r first became aware of the noncompliance of these trailers when Sidump'r received a customer inquiry on or about February 27, 2007 regarding the rear impact guards installed on the subject trailers. As a result of this inquiry, Sidump'r stated that it commenced a thorough engineering evaluation of the rear end of the subject trailers to determine whether they meet the requirements of FMVSS No. 224. Following this engineering evaluation and after consultation with its counsel, Sidump'r determined that the trailers do not comply with FMVSS No. 224. Specifically, Sidump'r has determined that the location of those guards does not meet the requirements of paragraph S5.1.3 of FMVSS No. 224 because there is a "push block" located at the rear of the trailer chassis extending 23.62 inches (600 mm) to the rear of the rear impact guard. Sidump'r stated that it considered the "push blocks" to be the "rear extremities" of the subject trailers. Therefore, it concluded that the rearmost surface of the horizontal members of the rear impact guards are located 11.62 inches (295 mm) too far forward of the "rear extremity" of the trailers to conform with the requirements of paragraph S5.1.3. Sidump'r also examined the possibility of the "push block" itself serving as the rear impact guard. It determined that the "push block" itself does not constitute a compliant rear impact guard as originally installed because it exceeds the maximum ground clearance of 22 inches (560 mm) allowed by paragraph S5.1.2 of FMVSS No. 224 by 1.5 inches (38 mm). Sidump'r stated that it has corrected the problem that caused the noncompliance in the trailers they produced after April 20, 2007 by modifying the design of the trailers to incorporate an additional horizontal member mounted to the underside of the "push block" assembly. Sidump'r also stated that it believes this noncompliance is inconsequential to motor vehicle safety and that no further corrective action is warranted due to the geometric characteristics of the trailers and the nature of their field usage. Specifically, Sidump'r makes the arguments that the overall level of safety of the subject trailers is equivalent to a compliant trailer because their "push block" is equipped with a guard-like structure that is comparable to a compliant rear impact guard based on dimensional considerations, and on a simulation of the guard performance \1\ when subjected to the loads required under FMVSS No. 223. Sidump'r additionally supported its position that the overall level of safety of the noncompliant trailers is equivalent to comparable trailers by comparing them to road construction controlled horizontal discharge trailers and by citing several previous decisions where NHTSA granted temporary exemptions from compliance with FMVSS No. 224 as the result of petitions filed under 49 CFR Part 555 Temporary Exemption From Motor Vehicle Safety and Bumper Standards for noncompliances that it considers similar in consequence to those covered in this petition. --------------------------------------------------------------------------- | 2013-04-17 | 2013 | 4 | https://www.federalregister.gov/documents/2013/04/17/2013-08958/sidumpr-trailer-company-inc-grant-of-petition-for-decision-of-inconsequential-noncompliance | https://www.govinfo.gov/content/pkg/FR-2013-04-17/pdf/2013-08958.pdf | Transportation Department; National Highway Traffic Safety Administration | 492,345 | Sidump'r Trailer Company, Inc. (Sidump'r) has determined that the rear impact guards on certain trailers that it manufactured between January 10, 2006 and April 13, 2007 do not comply with paragraph S5.1 of 49 CFR 571.224, Federal Motor Vehicle Safety... |