[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Notices]
[Pages 43417-43419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20517]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-99-5867]
Parts and Accessories Necessary for Safe Operation; Exemption
Applications; Minimum Fuel Tank Fill Rate and Certification Labeling
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of applications for exemptions and intent to grant
exemptions; request for comments.
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SUMMARY: The FHWA is announcing its preliminary determination to grant
the applications of the Ford Motor Company (Ford) for exemptions from
certain fuel tank design and certification labeling requirements in the
Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions would
enable motor carriers to operate commercial motor vehicles (CMVs)
manufactured by Ford, and equipped with fuel tanks that do not meet the
FHWA's requirements that fuel tanks be capable of receiving fuel at a
rate of at least 20 gallons per minute, and be labeled or marked by the
manufacturer to certify compliance with the design criteria. The FHWA
believes the terms and conditions of the exemptions being considered
achieve a level of safety that is equivalent to the level of safety
that would be achieved by complying with the regulations and requests
public comment on Ford's applications. The exemption, if granted, would
preempt inconsistent State and local requirements applicable to
interstate commerce.
DATES: Comments must be received on or before September 9, 1999.
ADDRESSES: Submit written, signed comments to FHWA Docket No. FHWA-99-
5867, the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590-0001. All comments received will be
available for examination at the above address from 9 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor
Carrier Research and Standards, HMCS-10, (202) 366-4009; or Mr. Charles
E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354,
Federal Highway Administration, 400 Seventh Street, SW., Washington, DC
20590-0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users may access all comments that were submitted to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001, in response to previous rulemaking notices
concerning the docket referenced at the beginning of this notice by
using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Office of the Federal Register's home page at
http://www.nara.gov/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/nara.
Background
On June 9, 1998, the President signed the Transportation Equity Act
for the 21st Century (TEA-21) (Pub.L. 105-178, 112 Stat. 107). Section
4007 of TEA-21 amended 49 U.S.C. 31315 and 31136(e) concerning the
Secretary of Transportation's (the Secretary's) authority to grant
exemptions from the FMCSRs for a person(s) seeking regulatory relief
from those requirements. An exemption may be up to two years in
duration, and may be renewed. The Secretary must provide the public
with an opportunity to comment on each exemption request prior to
granting or denying the request.
The TEA-21 requires the FHWA to publish a notice in the Federal
Register for each exemption requested, explaining that the request has
been filed, and providing the public an opportunity to inspect the
safety analysis and any other relevant information known to the agency,
and comment on the request. Prior to granting a request for an
exemption, the agency must publish a notice in the Federal Register
identifying the person or class of persons who will receive the
exemption, the provisions from which the person will be exempt, the
effective period, and all terms and conditions of the exemption. The
terms and conditions established by the FHWA must ensure that the
exemption will likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved by complying with the
regulation.
On December 8, 1998, the FHWA published an interim final rule
implementing section 4007 of TEA-21 (63 FR 67600). The regulations (49
CFR part 381) established the procedures persons must follow to request
waivers and to apply for exemptions from the FMCSRs, and the procedures
the FHWA will use to process the requests for waivers and applications
for exemptions.
Ford's Applications for Exemptions
Ford applied for exemptions from 49 CFR 393.67(c)(7)(ii), which
requires that
[[Page 43418]]
certain fuel tank systems on CMVs be designed to permit a fill rate of
at least 20 gallons (75.7 liters) per minute, and 49 CFR 393.67(f)(2)
and (f)(3) which require that liquid fuel tanks be marked with the
manufacturer's name, and a certification that the tank conforms to all
applicable rules in Sec. 393.67, respectively.
Ford produces ``Econoline'' incomplete vehicles which are completed
by second-stage manufacturers for numerous uses, including use as a CMV
as defined in 49 CFR 390.5. The completed vehicles are based on a
``light truck'' platform with load-or passenger-carrying capabilities
that meet or exceed the weight-or passenger-carrying thresholds for the
applicability of the FMCSRs. Ford indicated it is not possible to
accurately estimate the number of Econoline-based vehicles that will be
used as CMVs. Of the 19,000 Econoline-based vehicles produced each
model year, 13,000 are produced with gasoline fuel configuration, with
a percentage of these used as CMVs.
Application for Exemption From the Fill Rate Requirement
Ford Econoline vehicles are equipped with fuel tanks mounted
between the frame rails and use a fill pipe system routed to minimize
exposure in the event of a crash. The system is approximately two feet
long with several bends, which results in additional internal
resistance to fuel flow. When these design characteristics are combined
with the vapor generated while filling the tank with gasoline, the
maximum filling rate does not exceed 17 gallons per minute. Ford
states:
It is difficult to address [Sec. 393.67(c)(7)(ii)] as a safety
requirement. Ford views this portion of Part 393 to be more a
subject of convenience. With virtually all filling stations using
the industry standard automatic shut-off nozzles, it is unlikely
that fuel will be spilled even while using a high flow rate delivery
system. These standard nozzles substantially reduce any potential
safety risk introduced by filling an Eonoline vehicle at a rate
above its capacity of 17 gallons per minute.
Further, the U.S. Environmental Protection Agency (EPA) has
imposed a 10 gallon per minute limit [40 CFR 80.22(j)] on gasoline
fuel flow rates at any ``retailer or wholesale purchaser-consumer.''
This EPA requirement was effective in part on January 1, 1996 and in
full on January 1, 1998. As mentioned previously, the Econoline fuel
fill system can easily accommodate this fill rate.
Ford believes that denial of the exemption application would result in
motor carriers having to retrofit replacement fuel tanks, which could
result in undermining the fuel system integrity of the vehicles.
Application for Exemption From the Certification Marking Requirement
Ford indicated that fuel tanks used on Econoline vehicles are not
marked in accordance with Sec. 393.67(f). Ford states:
The marking requirements of [Secs. 393.67(f)(2) and (f)(3)(ii)]
are only identification requirements and do not contribute to the
safety of the fuel tank. It acts as a convenient method for [an]
inspector to verify that the tank has been self-certified by [its]
manufacturer. The subject tanks are already marked with the month
and year of manufacture and the Ford production part number
satisfying the traceability aspect of the marking requirements. The
remaining certification statement will be added but cannot be fitted
to all vehicles immediately, hence the need for an exemption. Ford
Motor Company believes that there is no negative safety effect of
these vehicles not complying with [Secs. 393.67(f)(2) and
(f)(3)(ii)].
Basis for Preliminary Determination To Grant Exemptions
The FHWA has reviewed its fill pipe design requirements and
believes the fill pipe capacity criterion, when applied to gasoline-
powered vehicles, is inconsistent with the EPA's regulations concerning
gasoline fuel pumps. While the FHWA requirement may be appropriate for
diesel fuel-powered commercial motor vehicles, it mandates that fill
pipes on gasoline-powered vehicles be capable of receiving fuel at a
rate twice the maximum rate gasoline fuel pumps are designed to
dispense fuel.
The EPA requires (40 CFR 80.22) that every retailer and wholesale
purchaser-consumer must limit each nozzle from which gasoline or
methanol is introduced into motor vehicles to a maximum fuel flow rate
not to exceed 10 gallons per minute (37.9 liters per minute). Any
dispensing pump that is dedicated exclusively to heavy-duty vehicles is
exempt from the requirement.
Since the EPA's regulation includes an exemption for dispensing
pumps used exclusively for refueling heavy-duty vehicles, it is
possible that some of the gasoline-powered vehicles that would be
exempted could be refueled at a location (e.g., at a fleet terminal)
where the dispensing equipment exceeds 10 gallons per minute. However,
the FHWA does not believe this should present a safety problem because
the fill pipe design used by Ford is capable of receiving fuel at a
rate of 17 gallons per minute. The 17-gallon-per-minute rate is only 15
percent less than the requirement in Sec. 393.65. The agency believes
the 17-gallon-per-minute rate will achieve a level of safety that is
equivalent to the level of safety that would be obtained by complying
with Sec. 393.67(c)(7)(ii). Gasoline fuel pumps that are dedicated for
heavy-duty trucks and buses may dispense fuel at a rate in excess of 10
gallons per minute, but the FHWA does not believe the rate would exceed
17 gallons per minute. The agency requests comments on this issue.
In addition to considering the regulatory inconsistencies between
the FHWA and EPA requirements, the FHWA reviewed available information
on the origin of the rule concerning fill pipes. The FHWA's 20-gallon
per minute rate in Sec. 393.67(c)(7)(ii) is based on the Society of
Automotive Engineers' (SAE) recommended practice ``Side Mounted
Gasoline Tanks'' as revised in 1949. The SAE later published fuel tank
manufacturing practices in SAE J703, ``Fuel Systems,'' an information
report which consisted of the former Interstate Commerce Commission's
requirements for fuel systems and tanks (codified at 49 CFR 193.65 in
the 1953 edition of the Code of Federal Regulations). The information
report retained the 20-gallon-per-minute rate. The SAE currently covers
this subject under recommended practice SAE J703 ``Fuel Systems--Truck
and Truck Tractors.'' The 1995 version of the recommended practice
continues to use the 20-gallon-per-minute criterion for fill pipes.
The FHWA does not have technical documentation explaining the
rationale for the SAE's original use of the 20-gallon-per-minute rate
in 1949 and believes the adoption of the criterion in Federal
regulations may have resulted in its continued use in the current SAE
recommended practice which references Secs. 393.65 and 393.67. As
stated by the SAE, ``[t]he intent of this document is not only to
clarify the procedures and reflect the best currently known practices,
but also to prescribe requirements * * * that meet or exceed all
corresonding performance requirements of FMCSR 393.65 and 393.67 that
were in effect at the time of issue.''
The FHWA believes the current requirement may need to be
reconsidered in light of the EPA requirements. While the FHWA reviews
this issue, motor carriers should not be penalized for operating
vehicles with non-compliant fill pipes that they had no practical means
of identifying. The agency has made a preliminary determination that it
is appropriate to grant an exemption to Sec. 393.67(c)(7)(ii) for
interstate motor carriers operating Ford Econoline vehicles and
requests public comment on Ford's application.
[[Page 43419]]
With regard to Ford's application for an exemption to the fuel tank
marking and certification requirements (Secs. 393.67(f)(2) and
(f)(3)(ii)), the FHWA agrees with Ford that there is no readily
apparent adverse impact on safety associated with the absence of the
required markings. Although the FHWA considers marking and
certification important for helping enforcement officials and motor
carriers quickly distinguish between fuel tanks that are certified as
meeting the FHWA's requirements and those that are not, the FHWA does
not believe the operators of the Ford Econoline vehicles should be
penalized because the fuel tanks are not marked and certified in
accordance with Sec. 393.67.
The absence of certification labeling resulted in certain State
enforcement officials prohibiting the operation of small buses built on
Ford Econoline platforms. The State officials and motor carriers
operating those vehicles discussed the issue with Ford and requested
assistance in determining whether the fuel tanks met the requirements
of Sec. 393.67. Prior to notification from State enforcement officials
and motor carriers, Ford was unaware that customers subject to the
FMCSRs are required to have fuel tanks that meet the FHWA's
requirements, including marking. As a vehicle manufacturer, Ford is
fully aware of all applicable Federal Motor Vehicle Safety Standards
issued and enforced by the National Highway Traffic Safety
Administration, the agency in the U.S. Department of Transportation
responsible for regulating motor vehicle and equipment manufacturers.
Ford is less familiar with the equipment requirements of the FHWA, the
agency responsible for regulating motor carriers.
Ford has met with FHWA staff to discuss the agency's requirements
and conducted certain tests to determine whether its fuel tanks satisfy
Sec. 393.67. It was determined that the tanks do not meet the fill pipe
requirements, and do not have the necessary certification. An exemption
to the certification is needed because Ford cannot misrepresent its
product by certifying compliance with all applicable provisions in
Sec. 393.67 while its fill pipe designs allow only 17 gallons of
gasoline fuel per minute to flow into the fuel tank. The agency
believes granting exemptions for the affected motor carriers is the
most effective way to resolve the problem while ensuring highway
safety.
Terms and Conditions for the Exemption
The FHWA would provide exemptions to Secs. 393.67(c)(7)(ii),
393.67(f)(2), and 393.67(f)(3)(ii) for motor carriers operating Ford
Econoline-based vehicles. The exemption would be valid for two years
from the date of approval, unless revoked earlier by the FHWA. Ford, or
any of the affected motor carriers, may apply to the FHWA for a
renewal. The exemption would preempt inconsistent State or local
requirements applicable to interstate commerce.
The motor carriers operating these vehicles would not be required
to maintain documentation concerning the exemption because the vehicles
and fuel tanks have markings that would enable enforcement officials to
identify them. The vehicles covered by the exemptions can be identified
by their vehicle identification numbers (VINs). The VINs contain E30,
E37, E39, E40, or E47 codes in the fifth, sixth, and seventh positions.
The fuel tanks are marked with Ford part numbers F3UA-9002-G*, F3UA-
9002-H*, F4UA-9002-V*, F4UA-9002-X*, F5UA-9002-V*, F5UA-9002-X*, F6UA-
9002-Y*, F6UA-9002-Z*, F7UA-9002-C*, and F7UA-9002D* where the asterisk
(*) represents a ``wild card'' character (any character of the
alphabet). The FHWA believes this information is sufficient and
requests public comment.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), the FHWA is
requesting public comment from all interested persons on the exemption
applications from Ford. 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 address 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, but the
FHWA may grant the exemptions at any time after the close of the
comment period. In addition to late comments, the FHWA 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.
Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.48.
Issued on: August 2, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-20517 Filed 8-9-99; 8:45 am]
BILLING CODE 4910-22-P