[Federal Register Volume 69, Number 107 (Thursday, June 3, 2004)]
[Rules and Regulations]
[Pages 31302-31306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12498]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[DOT Docket No. FMCSA-02-13589]
RIN 2126-AA80


Parts and Accessories Necessary for Safe Operation; Fuel Systems

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

ACTION: Final rule.

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SUMMARY: The FMCSA revises the requirements concerning fuel tank fill 
rates for gasoline- and methanol-fueled light-duty vehicles contained 
in Subpart E of the Federal Motor Carrier Safety Regulations (FMCSRs). 
The purpose of the rule is to: Remove a conflict between the fuel tank 
fill rate requirements of the FMCSRs and those of the Environmental 
Protection Agency for gasoline and methanol-fueled vehicles up to 
14,000 pounds (lbs) Gross Vehicle Weight Rating (GVWR); and to make 
permanent the terms of the exemptions previously granted to motor 
carriers operating certain gasoline-fueled commercial motor vehicles 
(CMVs) manufactured by Ford Motor Company (Ford) and by General Motors 
(GM). The FMCSA also incorporates into the FMCSRs previously issued 
regulatory guidance concerning the applicability of the agency's fuel 
tank rules to vehicles subject to the National Highway Traffic Safety 
Administration (NHTSA) fuel system integrity standard at the time of 
manufacture.

DATES: This rule is effective July 6, 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:

Background

    Section 393.67(c)(7)(ii) of Title 49, Code of Federal Regulations 
(CFR), requires the fill pipe and vents of a CMV with a fuel tank of 
more than 25 gallons capacity to permit the tank to be filled at a rate 
of at least 20 gallons per minute (gpm) without fuel spillage. Section 
393.67(f)(2) and (f)(3) require that liquid fuel tanks be marked with 
the manufacturer's name and display a

[[Page 31303]]

certification label that the tank conforms to all applicable rules in 
Sec.  393.67.

Ford and GM Requests for Exemption

    Ford and GM manufacture gasoline-fueled vehicles that are based on 
a ``light-truck'' platform. The load- or passenger-carrying 
capabilities of these vehicles place them within the weight-or 
passenger-carrying thresholds of the FMCSRs. The fuel tanks of these 
vehicles are mounted between the frame rails and the fill pipe system 
is routed to minimize its exposure in the event of a crash. Because of 
the design characteristics of the fuel fill-pipe and system and the 
vapor generated when filling such tanks with gasoline, Ford and GM 
found that the fuel systems in the gasoline versions of these light-
duty vehicles could not meet the FMCSA requirement for the 20 gallon 
per minute fill rate, and thus also could not display the required 
certification label. Both companies filed applications for limited 
exemptions from these fuel system requirements in 1999.
    On August 10, 1999, the FMCSA (then, part of the Federal Highway 
Administration), published a Notice of Intent to grant Ford's 
application for exemption (64 FR 43417). The agency granted Ford's 
request on December 20, 1999 (64 FR 71184). In that notice (at 71185), 
the agency noted that the 20 gallon per minute rate, 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 allowed to dispense fuel.
    The FMCSA published a notice of intent on November 2, 2001 (66 FR 
55727), to renew Ford's exemption and renewed it on December 27, 2001 
(66 FR 66970). On the same day, FMCSA published a Notice of Intent to 
extend the exemption to additional Ford vehicles of similar design (66 
FR 66971). The agency granted that exemption on March 27, 2002 (67 FR 
14765).
    The chronology for the GM vehicles was similar. On December 20, 
1999, the FMCSA published a Notice of Intent to grant GM's application 
for exemption (64 FR 71186). The agency granted GM's petition on April 
26, 2000 (65 FR 24531). The FMCSA published a notice of intent to renew 
the exemption on December 27, 2001 (66 FR 66972). It was renewed on 
March 27, 2002 (67 FR 14764).

Related EPA Regulations

    Between 1993 and 2000, the EPA issued four final rules under Title 
40 of the CFR relevant to the fuel-tank fill rate issue. They address 
the reduction of emissions from vehicle fueling, through controls on 
the dispensing rate of gasoline and methanol pumps. This involves the 
rate at which gasoline and methanol fuels can be accepted into the 
tanks of certain vehicles, the ability of the vehicle fuel systems to 
safely handle vapors released during fueling, and the ability of the 
fuel systems to safely prevent any spitback of fuel during the fueling 
process. In brief, these rules set a maximum dispensing rate of 10 
gallons (37.9 liters) per minute (gpm) for most gasoline and methanol 
pumps, require a fuel-dispensing spitback test for certain 1996 and 
later model year light-duty vehicles and engines, and specify 
requirements for controlling vehicle refueling emissions through the 
use of vehicle-based systems (that is, on-board vapor recovery (ORVR) 
systems). The changes in the EPA regulation created an inconsistency 
between the fuel tank fill rate requirements of FMCSA and those of the 
EPA.
    The EPA's requirements on fuel-dispensing rates for gasoline and 
methanol pumps are meant to ensure that while vehicles are being 
fueled, they would not experience spitback as the result of being 
fueled at rates higher than their fuel system designs can accommodate. 
The 10 gpm maximum fuel-dispensing rate is an inherent design parameter 
for vehicles designed to meet ORVR emission standards. If they were to 
be refueled at dispensing rates above 10 gpm, they would likely exceed 
ORVR emissions standards because the vehicle's carbon canister is not 
designed to adsorb hydrocarbon vapors satisfactorily at these higher 
dispensing rates. In contrast, the FMCSRs require these vehicles to be 
capable of receiving fuel at twice the maximum rate that these pumps 
are allowed to dispense fuel by EPA regulations. The FMCSA believes 
that the other existing regulatory requirements, including a restricted 
fuel-pump dispensing rate, fuel fill rate for many (if not most) of 
these light-duty vehicles and light-duty trucks, plus required spitback 
and on-board refueling tests adequately address the safety of fueling 
these vehicles.

FMVSS 301 Requirements

    In addition to the revision to the fuel tank fill rate 
requirements, FMCSA proposed to place in the FMCSRs previously 
published FMCSA regulatory guidance concerning the applicability of 
Federal Motor Vehicle Safety Standard (FMVSS) 301 (Fuel System 
Integrity) to CMVs that have a Gross Vehicle Weight Rating (GVWR) of 
10,000 lbs or less. In addition to the concern raised about the Ford 
and GM vehicles, there is another family of vehicles that fall under 
the definition of CMV: passenger vehicles designed or used to transport 
between 9 and 15 passengers (including the driver), in interstate 
commerce, and similar vehicles carrying placardable amounts of 
hazardous materials. The existing regulatory guidance, published on 
April 4, 1997 (65 FR 16369, at 16417), states that FMVSS 301 adequately 
addresses the fuel systems of such placarded motor vehicles with a GVWR 
of less than 10,001 pounds, and that compliance with Subpart E of part 
393 would be redundant. However, commercial motor vehicles that are not 
covered by FMVSS 301 must continue to comply with Subpart E of Part 
393. Thus, motor vehicles that meet the fuel system integrity 
requirements of 49 CFR 571.301 would be exempt from the requirements of 
FMCSA Subpart E of Part 393.

Discussion of Comments

    FMCSA published a Notice of Proposed Rulemaking (NPRM) on November 
12, 2003 (68 FR 64072). Two organizations provided comments to the 
docket.
    The National Automobile Dealers Association supported the proposal, 
particularly the reference to the FMVSS 301 requirements.
    Ford Motor Company requested FMCSA consider a simplified reference 
to the Ford vehicles that would be covered by the exemption. Ford 
vehicles with a GVWR over 10,000 pounds are all identified with the 
letters A, K, L, M, N, W, or X in the fourth position of the Vehicle 
Identification Number (VIN). Ford suggested that specifying the 
identification in this way would also be consistent with the method of 
identification proposed for the exempted GM vehicles. Ford also asked 
FMCSA to revise the text of the proposed rule to indicate that vehicles 
exempted under the fuel tank fill rate requirement of Sec.  393.67(f) 
are not required to bear the label required under Sec.  393.67(f)(1) 
through Sec.  393.67(f)(3), and also to clarify that the exemption 
applies to vehicles manufactured before and after the effective date of 
the proposed rule.

FMCSA Response

    In the NPRM, FMCSA had used the identifications provided by Ford in 
its requests for exemption. FMCSA will revise the identification method 
in Sec.  393.67(f)(4) as Ford has recommended.
    Concerning Ford's comment on the labeling requirements, the 
revision to Sec.  393.67(a)(7) states that motor vehicles that meet the 
fuel system integrity requirements of FMVSS 301 are exempt

[[Page 31304]]

from the requirements of Subpart E of the FMCSRs--that is, Sec. Sec.  
393.65 through 393.69--as they apply to the vehicle's fueling system. 
The general reference to 49 CFR 571.301 covers compliant gasoline-
fueled vehicles built after the effective date of the final rule. 
Because a regulation can only apply prospectively, it is necessary to 
identify those vehicles that were previously exempted from the fuel 
tank certification and marking requirements.

Rulemaking Analyses And Notices

Regulatory Notices

    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.) You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FMCSA has determined that this regulatory action is not 
significant within the meaning of Executive Order 12866 and under the 
regulatory policies and procedures of the DOT.
    This rule would revise the regulations concerning the fuel systems 
of certain light-duty vehicles used as CMVs. First, it excludes certain 
light-duty vehicles that are required to comply with the FMVSS 301 fuel 
system integrity requirements, from FMCSR fuel system integrity 
requirements. Second, it revises the requirements of Sec.  393.67, Fill 
pipe, to bring them into conformity with EPA regulations. The FMCSA 
believes these changes will simplify motor carriers' ability to comply 
with the FMCSRs, and would not diminish the safe operation of these 
vehicles.
    Based on the information presented here, FMCSA anticipates that 
this rulemaking will have minimal economic impact on the interstate 
motor carrier industry. Unless a motor carrier operates pumps that are 
used exclusively to fuel heavy-duty vehicles, motor carriers have been 
required to comply with the limitation on fueling rate since January 1, 
1998.
    Under provisions of The National Traffic and Motor Vehicle Safety 
Act (``Vehicle Safety Act'') (49 U.S.C. 30101, et seq., codified at 49 
U.S.C. 30112) and NHTSA's implementing regulations, vehicles must be 
certified to meet all applicable FMVSSs at the time of their 
manufacture. Since the fuel systems of vehicles 10,000 lbs GVWR or less 
are required to comply with FMVSS 301, there is no need for the FMCSA 
to require a separate fuel certification label on the fuel tanks of 
these vehicles.
    This rulemaking imposes no requirements that would generate new 
costs for motor carriers. Those entities would see no change to their 
operations, provided they ensure that their CMVs with GVWRs of up to 
10,000 pounds already comply with FMVSS 301, and their gasoline- and 
methanol-fueled CMVs comply with the applicable EPA regulations. This 
rulemaking will also harmonize the fuel system integrity requirements 
of FMCSA with those of the NHTSA and the EPA.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612) the FMCSA has evaluated the effects of this rule on small 
entities. Motor carriers will not be subject to any new requirements 
under this proposal. Generally, they only have access to vehicles that 
comply with the FMVSSs and the EPA requirements. As a result, motor 
carriers may incur only minimal new costs, considerably less than the 
guideline of $100 million or more in any one year.
    Therefore, the FMCSA has determined that this regulatory action 
would not have a significant economic impact on a substantial number of 
small entities.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (April 23, 1997, 62 FR 19885), requires 
that agencies issuing ``economically significant'' rules that concern 
an environmental health or safety risk that an agency has reason to 
believe may disproportionately affect children must include an 
evaluation of the environmental health and safety effects of the 
regulation on children. Section 5 of Executive Order 13045 directs an 
agency to submit for a ``covered regulatory action'' an evaluation of 
its environmental health or safety effects on children.
    The agency has determined that this rule is not a ``covered 
regulatory action'' as defined under Executive Order 13045. First, this 
final rule is not economically significant under Executive Order 12866. 
Second, the agency has no reason to believe that the rule will result 
in an environmental health risk or safety risk that would 
disproportionately affect children. The vehicles that are the subject 
of this rulemaking are required to comply with both NHTSA and EPA 
standards concerning fuel system integrity and fuel tank fill rate. The 
agency has determined that the rule would have no significant 
environmental impacts.

Executive Order 12630 (Taking of Private Property)

    This rule will revise the FMCSRs concerning fuel system integrity 
and fuel tank fill rate, as they apply to gasoline-fueled CMVs, to 
bring them into conformance with current NHTSA and EPA regulations. It 
will also make permanent the exemptions previously granted at the 
request of Ford and GM.
    No new action is required on the part of those motor carriers that 
currently operate or plan to operate on U.S. highways, because these 
vehicles are already required to comply with the NHTSA and EPA 
requirements referenced in this final rule. In accordance with the 
provisions of the final rule, motor carriers operating vehicles on or 
after that rule's effective date, in compliance with the NHTSA and EPA 
requirements will no longer need to apply for an exemption.
    The FMCSA therefore has determined that this final rule has no 
taking implications under the Fifth Amendment or Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, dated August 4, 1999. The 
FMCSA has determined this final rule does not have a substantial direct 
effect on, or sufficient federalism implications for, the States, nor 
would it limit the policymaking discretion of the States.
    These changes to the FMCSRs would not directly preempt any State 
law or regulation. They will not impose additional costs or burdens on 
the States. Although the States are required to adopt part 393 as a 
condition for receiving Motor Carrier Safety Assistance Program grants, 
the additional training and orientation that would be required for 
roadside enforcement officials will be minimal, and it would be covered 
under the

[[Page 31305]]

existing grant program. Also, this action will not have a significant 
effect on the States' ability to execute traditional State governmental 
functions.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities do not apply to this program.

Paperwork Reduction Act

    This action will not involve an information collection that is 
subject to the requirements of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520.

National Environmental Policy Act

    The agency analyzed this final rule for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and our 
environmental procedures Order 5610.1C (published in the March 1, 2004 
Federal Register at 69 FR 9680 with an effective date of March 30, 
2004). We have determined that an Environmental Impact Statement is not 
necessary based upon the information contained in the Environmental 
Assessment (EA). That determination is reflected in the Finding of No 
Significant Impact (FONSI). A copy of the EA and the FONSI are 
contained in the public docket.
    We have also analyzed this rule under the Clean Air Act, as amended 
(CAA) section 176(c), (42 U.S.C. 7401 et seq.) and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's General Conformity 
requirement since it involves policy development and civil enforcement 
activities, such as, investigations, inspections, examinations, and the 
training of law enforcement personnel. See 40 CFR 93.153(c)(2). It will 
not result in any emissions increase nor will it have any potential to 
result in emissions that are above the general conformity rule's de 
minimis threshold levels. Moreover, it is reasonably foreseeable that 
the rule change will not increase total CMV mileage, change the routing 
of CMVs, how CMVs operate, or the CMV fleet-mix of motor carriers.
    This action involves: (1) A revision of the FMCSR CMV fuel fill 
rate requirements to align them with those of the EPA for gasoline and 
methanol-fueled vehicles up to 14,000 lbs GVWR; (2) making permanent 
the terms of the exemptions previously granted to motor carriers 
operating certain gasoline-fueled CMVs manufactured by Ford and by GM; 
and (3) incorporating into the FMCSRs previously issued regulatory 
guidance concerning the applicability of the agency's fuel tank rules 
to vehicles subject to the NHTSA fuel system integrity standard at the 
time of manufacture.
    The revision to the FMCSRs will not cause a change in EPA 
regulations, nor will it require a change in the design, operation, or 
fueling of these vehicles. It simply acknowledges the existence of a 
different set of fuel fill-rate regulations for gasoline- and methanol-
fueled vehicles, promulgated by the EPA to improve air quality by 
reducing vapor emissions from refueling, which were not considered at 
the time the fuel tank fill rate provision was added to the FMCSRs in 
1952. The rule will also make permanent the exemptions previously 
granted to motor carriers operating certain gasoline-fueled CMVs 
manufactured by Ford and GM which comply with the EPA regulations 
applicable to them. Finally, the rule explicitly acknowledges these 
vehicles' compliance with FMVSS 301, thus eliminating redundancy with 
NHTSA regulations.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It revises the regulations concerning fuel system integrity and 
fuel tank fill rate, as they apply to gasoline-fueled CMVs, for 
consistency with current NHTSA and EPA regulations. It has no direct 
relation to energy consumption. The Administrator of the Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Unfunded Mandates

    This rule does not impose a Federal mandate resulting in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year (2 
U.S.C. 1531 et seq.). The FMCSA merely implements a regulation that is 
inherently a design requirement for the vehicle and does not lend 
itself to roadside verification. Persons performing inspections at the 
roadside will probably receive orientation on this final rule as part 
of their regular in-service training. However, they will not be 
trained, equipped, or expected to check fuel tank fill rates at the 
roadside. Also, since the FMCSA is codifying an existing exemption that 
had already been provided for light-duty CMVs with certain VINs, the 
agency anticipates that minimal, if any, additional training would be 
required. The inspectors would only need to refer to a reference card 
listing those grandfathered VINs. To the extent that States incur costs 
due to implementation of this proposal, they will be minimal and 
covered under the existing MCSAP grant program.

List of Subjects in 49 CFR Part 393

    Highway and roads, Motor carriers, Motor vehicle equipment, Motor 
vehicle safety.


0
In consideration of the foregoing, the FMCSA amends title 49 CFR, 
chapter III, subchapter B, part 393 as follows:

PART 393--[AMENDED]

0
1. The authority citation for part 393 continues to read as follows:

    Authority: Sec. 1041(b) of Pub. L. 102-240, 105 Stat. 1914; 49 
U.S.C. 31136 and 31502; and 49 CFR 1.73.


0
2. Section 393.67 is amended by adding new paragraphs (a)(7) and 
(f)(4), and revising paragraph (c)(7) to read as follows:


Sec.  393.67  Liquid Fuel Tanks.

    (a) * * *
    (7) Motor vehicles that meet the fuel system integrity requirements 
of 49 CFR 571.301 are exempt from the requirements of this subpart, as 
they apply to the vehicle's fueling system.
* * * * *
    (c) * * *
    (7) Fill pipe. (i) Each fill pipe must be designed and constructed 
to minimize the risk of fuel spillage during fueling operations and 
when the vehicle is involved in a crash.
    (ii) For diesel-fueled vehicles, the fill pipe and vents of a fuel 
tank having a capacity of more than 94.75 L (25 gallons) of fuel must 
permit filling the tank with fuel at a rate of at least 75.8 L/m (20 
gallons per minute) without fuel spillage.
    (iii) For gasoline- and methanol-fueled vehicles with a GVWR of 
3,744 kg (8,500 pounds) or less, the vehicle must permit filling the 
tank with fuel dispensed at the applicable fill rate required by the 
regulations of the Environmental Protection Agency under 40 CFR 80.22.

[[Page 31306]]

    (iv) For gasoline- and methanol-fueled vehicles with a GVWR of 
14,000 pounds (6,400 kg) or less, the vehicle must comply with the 
applicable fuel-spitback prevention and onboard refueling vapor 
recovery regulations of the Environmental Protection Agency under 40 
CFR part 86.
    (v) Each fill pipe must be fitted with a cap that can be fastened 
securely over the opening in the fill pipe. Screw threads or a bayonet-
type point are methods of conforming to the requirements of paragraph 
(c) of this section.
* * * * *
    (f) * * *
    (4) Exception. The following previously exempted vehicles are not 
required to carry the certification and marking specified in paragraphs 
(f)(1) through (3) of this section:
    (i) Ford vehicles with GVWR over 10,000 pounds identified as 
follows: The vehicle identification numbers (VINs) contain A, K, L, M, 
N, W, or X in the fourth position.
    (ii) GM G-Vans (Chevrolet Express and GMC Savanna) and full-sized 
C/K trucks (Chevrolet Silverado and GMC Sierra) with GVWR over 10,000 
pounds identified as follows: The VINs contain either a ``J'' or a 
``K'' in the fourth position. In addition, the seventh position of the 
VINs on the G-Van will contain a ``1.''

    Issued on: May 26, 2004.
Annette M. Sandberg,
Administrator.
[FR Doc. 04-12498 Filed 6-2-04; 8:45 am]
BILLING CODE 4910-EX-P