[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Notices]
[Pages 24531-24533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10400]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-99-6285 (formerly OMCS-99-6285)]


Parts and Accessories Necessary for Safe Operation; General 
Motors Corporation's Exemption Application; Minimum Fuel Tank Fill Rate 
and Certification Labeling

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Grant of application for exemption.

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SUMMARY: The FMCSA is granting the application of the General Motors 
Corporation (GM) for an exemption from certain fuel tank design and 
certification labeling requirements in the Federal Motor Carrier Safety 
Regulations (FMCSRs). The exemption enables motor carriers to operate 
commercial motor vehicles (CMVs) manufactured by GM, and equipped with 
fuel tanks that do not meet the FMCSA'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 FMCSA believes the terms and conditions of the 
exemption achieve a level of safety that is equivalent to the level of 
safety that would be achieved by complying with the regulations. The 
exemption preempts inconsistent State and local requirements applicable 
to interstate commerce.

DATES: The exemption is effective on May 26, 2000. The exemption 
expires on May 26, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Bus and 
Truck Standards and Operations, (202) 366-4009, Federal Motor Carrier 
Safety Administration, 400 Seventh Street, SW., Washington, DC 20590-
0001; 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 submitted to the Docket 
Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001, in response to the previous notice 
concerning this subject by using the universal resource locator

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(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.

Creation of New Agency

    On December 9, 1999, the President signed the Motor Carrier Safety 
Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1748). The new 
statute established the FMCSA in the Department of Transportation. On 
January 4, 2000, the Office of the Secretary published a final rule 
rescinding the authority previously delegated to the Office of Motor 
Carrier Safety (OMCS) (65 FR 220). This authority is now delegated to 
the FMCSA.
    The motor carrier functions of the OMCS's Resource Centers and 
Division (i.e., State) Offices have been transferred to FMCSA Service 
Centers and FMCSA Division Offices, respectively. Rulemaking, 
enforcement and other activities of the Office of Motor Carrier Safety 
while part of the FHWA, and while operating independently of the FHWA, 
will be continued by the FMCSA. The redelegation will cause no changes 
in the motor carrier functions and operations previously handled by the 
FHWA or the OMCS. For the time being, all phone numbers and addresses 
are unchanged.

Background

    On June 9, 1998, the President signed the Transportation Equity Act 
for the 21st Century (TEA-21) (Public Law 105-178, 112 Stat. 107). 
Section 4007 of the 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. An exemption may be up 
to two years in duration, and may be renewed.
    Section 4007 of the TEA-21 requires the FMCSA 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 FMCSA 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 the TEA-21 (63 FR 67600). The regulations 
(49 CFR part 381) established the procedures to be followed to request 
waivers and apply for exemptions from the FMCSRs, and the procedures 
that will be used to process them.

GM's Application for an Exemption

    GM applied for an exemption from 49 CFR 393.67(c)(7)(ii), which 
requires that 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. GM's 
application for an exemption was included in its response to the notice 
of intent to grant similar exemptions to the Ford Motor Company on 
behalf of motor carriers operating certain vehicles manufactured by 
Ford (64 FR 43417; August 10, 1999). A copy of GM's application is 
included in the docket referenced at the beginning of this notice. GM 
indicated that it ``fully supports the FHWA's preliminary determination 
to grant an exemption from the requirements of [Secs. ] 
393.67(c)(7)(ii), 393.67(f)(2) and 393.67(f)(3)(ii) to [the] Ford Motor 
Company'' and requested the exemption on behalf of motor carriers 
operating certain vehicles manufactured by GM.
    GM produces G-vans (Chevrolet Express and GMC Savanna) and full-
size C/K trucks (Chevrolet Silverado and GMC Sierra) which may be 
equipped for numerous uses, including use as a CMV as defined in 49 CFR 
390.5. GM argues that exemptions are needed for the same reasons 
described in the Ford Motor Company's applications. The OMCS granted 
the Ford Motor Company's applications for exemptions on December 20, 
1999 (64 FR 71184).

Notice of Application and Proposal To Grant Exemption; Request for 
Comments

    On December 20, 1999 (64 FR 71186), the Office of Motor Carrier 
Safety published a notice announcing its proposal to grant GM's 
application for an exemption from certain fuel tank design and 
certification requirements in the FMCSRs. The notice discussed GM's 
application, the basis for proposing to grant the exemption, and 
requested public comment from all interested parties.

Discussion of Comments

    The FMCSA received comments from El Dorado National and GM. Both 
commenters agreed with the preliminary decision to grant an exemption 
for motor carriers operating certain vehicles manufactured by GM.
    El Dorado National believes the rate at which a fuel tank may be 
filled has no bearing on the safe operation of the vehicle, or safety 
during the refueling process. El Dorado National stated that ``[t]he 
tanks in question will accept fuel at a rate that the typical 
commercial unleaded fuel pumps deliver. * * *''
    On the subject of labeling of fuel tanks, El Dorado National 
indicated that ``[s]ince these vehicle tanks are tested, certified, and 
mass produced it does not seem relevant to label each tank.'' El Dorado 
National believes the absence of a certification label would not 
compromise safety.

FMCSA Decision

    The FMCSA has considered the comments received in response to the 
December 20, 1999, notice of application and has decided to grant the 
exemption.

Fill-Pipe Capacity Requirement

    The FMCSA has reviewed its fill pipe design requirements and has 
concluded that the fill-pipe capacity criterion, when applied to 
gasoline-powered vehicles, is inconsistent with the Environmental 
Protection Agency's (EPA) regulations \1\ concerning gasoline fuel 
pumps. While the FMCSA 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 twice the 
maximum

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rate gasoline fuel pumps are designed to dispense fuel.
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    \1\ 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.
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    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 FMCSA does not believe this would present a safety problem. The 
FMCSA agrees with GM's argument in its application that the use of 
automatic shut-off valves on fuel dispensing pumps make it unlikely 
that a significant amount of fuel will be spilled if a vehicle is 
refueled using a pump that exceeds the vehicle's capacity for receiving 
fuel. The agency believes the combination of the EPA regulation 
concerning dispensing pumps, and the use of automatic shut-off nozzles 
on these pumps ensures 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).
    The FMCSA believes any operational problems experienced by motor 
carriers using certain fuel pumps to refill GM vehicles have already 
been resolved. The vehicles in questions have been in use for a number 
of years and are still being produced. Therefore, motor carriers using 
these vehicles have experience refueling them. The FMCSA is not aware 
of any safety problems associated with the fill-pipe capacity for the 
fuel tanks on GM G and C/K vehicles.
    The FMCSA also reviewed available information on the origin of the 
fill-pipe rule. The 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 FMCSA 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 
corresponding performance requirements of FMCSR 393.65 and 393.67 that 
were in effect at the time of issue.''
    The FMCSA believes the current requirement may need to be 
reconsidered in light of the EPA requirements. While the agency 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. Therefore, the agency is exempting interstate motor 
carriers operating certain GM vehicles from Sec. 393.67(c)(7)(ii).

Fuel Tank Marking and Certification

    With regard to an exemption from the fuel tank marking and 
certification requirements (Secs. 393.67(f)(2) and (f)(3)(ii)), the 
FMCSA does not believe there would be a readily apparent adverse impact 
on safety associated with the absence of the required markings. 
Although the FMCSA considers marking and certification important for 
helping enforcement officials and motor carriers quickly distinguish 
between fuel tanks that are certified as meeting the agency's 
requirements and those that are not, the agency does not believe the 
operators of the GM vehicles should be penalized because the fuel tanks 
are not marked and certified in accordance with Sec. 393.67.
    As a vehicle manufacturer, GM 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. However, GM may not have had the same 
level of awareness about all of the fuel tank requirements of the FMCSA 
, the agency responsible for regulating motor carriers.
    GM has indicated that its tanks do not meet the fill pipe 
requirements, and do not have the necessary certification. An exemption 
to the certification is needed because GM cannot misrepresent its 
product by certifying compliance with all applicable provisions in 
Sec. 393.67 while its fill pipe designs allow approximately 10 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 FMCSA is providing an exemption to Secs. 393.67(c)(7)(ii), 
393.67(f)(2), and 393.67(f)(3)(ii) for motor carriers operating certain 
GM vehicles. The exemption is effective upon publication pursuant to 5 
U.S.C. 553(d)(1) and is valid until May 26, 2002, unless revoked 
earlier by the FMCSA. GM, or any of the affected motor carriers, may 
apply to the FMCSA for a renewal. The exemption preempts inconsistent 
State or local requirements applicable to interstate commerce.
    The motor carriers operating these vehicles are not required to 
maintain documentation concerning the exemption because the vehicles 
have markings that would enable enforcement officials to identify them. 
The vehicles covered by the exemption can be identified by their 
vehicle identification numbers (VINs). The VINs contain ``J'' or ``K'' 
in the fourth position and a ``1'' in the seventh position.

    Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73.

    Issued on: April 14, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator.
[FR Doc. 00-10400 Filed 4-25-00; 8:45 am]
BILLING CODE 4910-22-P