[Federal Register Volume 67, Number 59 (Wednesday, March 27, 2002)]
[Notices]
[Pages 14765-14766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7363]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-99-5867]


Parts and Accessories Necessary for Safe Operation; 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 exemptions for the vehicles specified in this 
notice. The exemptions sought are from certain fuel tank design and 
certification labeling requirements in the Federal Motor Carrier Safety 
Regulations (FMCSRs). These exemptions enable motor carriers to 
continue operating commercial motor vehicles (CMVs) manufactured by 
Ford 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 current exemptions for 
similarly-equipped Ford CMVs 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 granting 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.

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 first applied in April 1999, 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 August 10, 1999 (64 FR 43417), the Federal Highway 
Administration (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 64 FR 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 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

[[Page 14766]]

rules in Sec. 393.67, respectively. The exemptions were granted for two 
years.
    On November 2, 2001, (66 FR 55727) the FMCSA published a notice of 
its intent to renew these exemptions. The FMCSA received one comment, 
from Ford. Ford requested that the FMCSA renew its exemption for the 
fuel tanks covered in that notice. On December 27, 2001 (66 FR 66970), 
the agency published a notice granting the application for renewing 
these exemptions.
    In its comment to the November 2, 2001, notice, Ford also advised 
the agency that it sought additional 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.
    In a second notice, also published December 27, 2001 (66 FR 66971), 
the FMCSA announced its intent to grant exemptions for these additional 
vehicles. The FMCSA received no comments to that notice.

FMCSA Decision

    The FMCSA has decided to grant the exemptions for the additional 
Ford vehicles specified in the second December 27, 2001, 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 
submitted comments to the docket 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 notice for a 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 the Ford 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 March 29, 2004, 
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 other exemption granted to Ford, 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 for the additional E-
series vehicles contain E35 or E55 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*, F7UA-9002D*, 
YC25-9002-D* (a new fuel tank for E37 series vehicles), or 2C24-9002-E* 
(a new fuel tank for E55 series vehicles) where the asterisk (*) 
represents a ``wild card'' character (any character of the alphabet). 
The VINs for the F-series vehicles contain an F53 code in the fifth, 
sixth, and seventh positions. The fuel tanks are marked with part 
numbers 1C34-9K007-F*, 1C34-9K007-G*, and 1C34-9K007-H* where the 
asterisk (*) represents a ``wild card'' character (any character of the 
alphabet).

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

    Issued on: March 22, 2002.
Joseph M. Clapp,
Administrator.
[FR Doc. 02-7363 Filed 3-26-02; 8:45 am]
BILLING CODE 4910-EX-P