[Federal Register Volume 66, Number 213 (Friday, November 2, 2001)]
[Notices]
[Pages 55727-55728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27551]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-99-5867]


Parts and Accessories Necessary for Safe Operation; Renewal of 
Fuel Tank Exemptions for Vehicles Manufactured by the Ford Motor 
Company

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

ACTION: Notice of intent to renew exemptions; request for comments.

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SUMMARY: The FMCSA is announcing its intent to renew exemptions granted 
in response to applications from the Ford Motor Company (Ford), from 
certain fuel tank design and certification labeling requirements in the 
Federal Motor Carrier Safety Regulations (FMCSRs). Renewal of the 
exemptions would enable motor carriers to continue operating commercial 
motor vehicles (CMVs) manufactured by Ford, 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 
exemptions have ensured a level of safety that is equivalent to the 
level of safety that would be achieved by complying with the 
regulations, and that renewing the exemptions would not adversely 
affect highway safety. The exemptions, if renewed, would continue to 
preempt inconsistent State and local requirements applicable to 
interstate commerce.

DATES: Comments must be received on or before December 3, 2001.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You can mail or deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You can also submit comments 
electronically at http://dms.dot.gov. Please include the docket number 
that appears in the heading of this document. You can examine and copy 
this document and all comments received at the same Internet address or 
at the Dockets Management Facility from 9 a.m. to 5 p.m., e.t., Monday 
through Friday, except Federal holidays. If you want to know that we 
received your comments, please include a self-addressed, stamped 
postcard or include a copy of the acknowledgement page that appears 
after you submit comments electronically.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Office of Bus 
and Truck Standards and Operations, (202) 366-4009, Federal Motor 
Carrier Safety 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.

Background

Ford's Applications for Exemptions

    Ford applied for exemptions 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.
    On August 10, 1999 (64 FR 43417), the FHWA published a notice of 
intent to grant Ford's applications. The FHWA requested public comment 
on Ford's applications and the agency's safety analysis, and presented 
other relevant information known to the agency. After considering all 
the comments received, the agency granted the exemptions on December 
20, 1999 (64 FR 71184). In that notice, the agency noted that the 20 
gallon per minute rate referenced in the FMCSA's regulations, while 
appropriate for diesel fuel-powered vehicles, also mandates that fill 
pipes on gasoline-powered vehicles be capable of receiving fuel at the 
same rate, which is twice the maximum rate gasoline pumps are designed 
to dispense fuel. The vehicles in question are gasoline-fueled and are 
capable of receiving fuel at a rate of 17 gallons per minute.
    The exemptions covered Sec. 393.67(c)(7)(ii), Construction of 
liquid fuel tanks; fill pipe, and Secs. 393.67(f)(2) and (f)(3)(ii) 
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.

Reason for Renewing the Exemptions

    The FMCSA intends to renew the exemptions because the commercial 
motor vehicles covered by the exemptions are still in operation, and 
the agency is not aware of any information, anecdotal or otherwise, 
that would suggest that the level of safety for the exempted vehicles 
is not equivalent to the level of safety that would have been achieved 
if the vehicles complied with Secs. 393.67(c)(7)(ii), 393.67(f)(2), and 
393.67(f)(3)(ii). No interested parties have contacted the FMCSA or 
submitted comments to the docket since December 20, 1999, the date the 
exemption was granted, indicating that any aspects of the exemptions 
have had an adverse effect on highway safety. Accordingly, the agency 
is proposing to renew the exemptions for another two-year period.

Terms and Conditions for the Exemption Renewal

    The FMCSA would continue to 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 renewal 
would be effective upon publication in the Federal Register pursuant to 
5 U.S.C. 553(d)(1) and would be valid for two years from the date of 
approval, unless revoked earlier by the FMCSA. Ford, or any of the 
affected motor carriers, may apply to the FMCSA for another renewal of 
the exemption. The exemption would continue to preempt inconsistent 
State or local requirements applicable to interstate commerce.
    As with the original exemption, 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).

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), the FMCSA is 
requesting public comment from all interested

[[Page 55728]]

persons on the exemption renewal. 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 FMCSA may renew the exemptions at any time 
after the close of the comment period.

    Issued on: October 29, 2001.
Julie Anna Cirillo,
Acting Deputy Administrator.
[FR Doc. 01-27551 Filed 11-1-01; 8:45 am]
BILLING CODE 4910-EX-P