[Federal Register Volume 67, Number 59 (Wednesday, March 27, 2002)]
[Notices]
[Pages 14764-14765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7362]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-99-6285]


Parts and Accessories Necessary for Safe Operation; Renewal of 
Fuel Tank Exemptions for Vehicles Manufactured by the General Motors 
Corporation

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 General Motors 
Corporation (GM) for exemptions for the vehicles specified in this 
notice. Those exemptions are from certain fuel tank design and 
certification labeling requirements in the Federal Motor Carrier Safety 
Regulations (FMCSRs). Renewal of the exemptions enables motor carriers 
to continue operating commercial motor vehicles (CMVs) manufactured by 
GM which are 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 March 27, 2002. The exemptions 
expire on March 29, 2004.

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 as 
well as see the submissions of other commenters 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 acknowledgment 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

GM's Application for Exemptions

    GM 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, respectively.
    On December 20, 1999 (64 FR 71186), the Federal Highway 
Administration (FHWA) published a notice of intent to grant GM's 
applications. The FHWA requested public comment on GM'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 April 26, 2000 (65 FR 
24531). In that notice (at 65 FR 24532-24533), 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

[[Page 14765]]

capable of receiving fuel at a rate of approximately 10 gallons per 
minute.
    The exemptions covered Sec. 393.67(c)(7)(ii), Construction of 
liquid fuel tanks; fill pipe, and Sec. 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, respectively.
    On December 27, 2001 (66 FR 66972) the FMCSA announced its intent 
to renew GM's exemption. The FMCSA received no comments to that notice.

FMCSA Decision

    The FMCSA has decided 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 
submitted comments to the docket since April 26, 2000, the date the 
original exemption was granted, indicating that any aspects of the 
exemptions have had an adverse effect on highway safety. Accordingly, 
the agency is granting the exemptions that were the subject of the 
December 27, 2001, notice for another two-year period.

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 GM G-Vans (Chevrolet Express and GMC Savanna) and 
full-sized C/K trucks (Chevrolet Silverado and GMC Sierra) with gross 
vehicle weight ratings over 10,000 pounds. The exemptions are effective 
upon publication in the Federal Register pursuant to 5 U.S.C. 553(d)(1) 
and are valid for two years from the date of approval, unless revoked 
earlier by the FMCSA. GM, 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 
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 
exemptions can be identified by their vehicle identification numbers 
(VINs). The VINs contain either a ``J'' or a ``K'' in the forth 
position of the VIN. In addition, the seventh position of the VINs on 
the G-Van would contain a ``1.''

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

    Issued on: March 22, 2002.
Joseph M. Clapp,
Administrator.
[FR Doc. 02-7362 Filed 3-26-02; 8:45 am]
BILLING CODE 4910-EX-P