[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Notices]
[Pages 66970-66971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31735]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[DOT 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: Grant of applications for exemptions.

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SUMMARY: The FMCSA is granting the application from the Ford Motor 
Company (Ford) for a renewal of exemptions for the vehicles specified 
at the end of this notice from certain fuel tank design and 
certification labeling requirements in the Federal Motor Carrier Safety 
Regulations (FMCSRs). The exemptions enable motor carriers to operate 
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 continue to preempt 
inconsistent State and local requirements applicable to interstate 
commerce.

DATES: The exemptions are effective on December 27, 2001. The 
exemptions expire on December 29, 2003.

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.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users may access all comments that were submitted to this 
docket in response to the previous notice by using the universal 
resource locator (URL) http://dms.dot.gov, and by requesting the docket 
referenced at the beginning of this notice. You can examine and copy 
this document and all comments received at the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001 from 9 a.m. to 5 p.m. e.t., 
Monday through Friday, except Federal holidays.

Background

Ford's Applications for Exemptions

    Ford applied for exemptions for the vehicles specified at the end 
of this notice 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.
    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 (at 71185), the agency noted 
that the 20 gallon per minute rate referenced in the FMCSA's 
regulations, while appropriate for diesel fuel-powered vehicles, 
mandates that fill pipes on gasoline-powered vehicles be capable of 
receiving fuel at 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

[[Page 66971]]

that the tank conforms to all applicable rules in Sec. 393.67, 
respectively.
    On November 2, 2001 (66 FR 55727), the FMCSA published a notice of 
intent to renew this exemption for the specified vehicles. The FMCSA 
requested public comment on Ford's applications and the agency's safety 
analysis.

Discussion of Comments to the Notice of Intent to Renew the Exemptions

    The FMCSA received one comment, from Ford. Ford requested that the 
FMCSA renew its exemption for the fuel tanks covered in the November 2, 
2001 notice. Ford also requested extension of exemptions to cover the 
fuel tanks of additional models of E-series vehicles that were not in 
production at the time of the original 1999 petition, and for certain 
F-series vehicles.

FMCSA Decision

    The FMCSA considered the comments received in response to the 
November 2 notice and has decided to renew the exemptions for the 
vehicles specified in that notice. 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 the 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 that were the subject 
of the November 2 notice for another two-year period.
    In a separate notice in today's Federal Register, the FMCSA 
announces its preliminary determination of intent to grant Ford's 
application for an exemption to the additional E-class and F-class 
vehicles.

Terms and Conditions for the Exemption

    The FMCSA is continuing to provide exemptions to 
Secs. 393.67(c)(7)(ii), 393.67(f)(2), and 393.67(f)(3)(ii) for motor 
carriers operating the vehicles of Ford Econoline-based vehicles 
specified in the next paragraph. The exemptions are effective upon 
publication in the Federal Register pursuant to 5 U.S.C. 553(d)(1) and 
are valid until December 29, 2003, 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 continues to preempt 
inconsistent State or local requirements applicable to interstate 
commerce.
    As with the original exemption, the motor carriers operating these 
specified vehicles are not 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).

    Issued on: December 20, 2001.
Joseph M. Clapp,
Administrator.
[FR Doc. 01-31735 Filed 12-20-01; 2:51 pm]
BILLING CODE 4910-22-P