Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Notices 24531

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Environmental Impact Statement:

Peoria, Tazewell, Woodford,

Livingston, Marshall, McLean, Putnam,

Bureau, and La Salle Counties, IL

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of intent.

SUMMARY: The FHWA is issuing this

notice to advise the public that an

environmental impact statement (EIS)

will be prepared for constructing a

proposed four-lane Heart of Illinois

Highway in north central Illinois. Three

feasible corridors identified by Illinois

DOT as part of an earlier study will be

the focus of the EIS. The proposed

highway would improve the highway

connection between the Peoria area and

northeastern Illinois.

FOR FURTHER INFORMATION CONTACT:

Ronald C. Marshall, P.E., Division

Administrator, Federal Highway

Administration, 3250 Executive Park

Drive, Springfield, IL 62703; Phone:

(217) 492–4600

Joseph E. Crowe, P.E., District Engineer,

Illinois Department of Transportation,

District 4, 401 Main Street, Peoria, IL

61602–1111; Phone: (309) 671–3333

SUPPLEMENTARY INFORMATION: The

FHWA, in cooperation with the Illinois

Department of Transportation, will

prepare an Environmental Impact

Statement (EIS) on a proposal to

develop a four-lane divided highway,

known as the Heart of Illinois Highway,

between Peoria and the interstate

freeway system either north or east of

Peoria. Three feasible corridors

previously identified by Illinois DOT

will be examined as part of the Draft

EIS. One corridor is located west of the

Illinois River and is oriented in a northsouth direction. The other two corridors

are located east of the Illinois River and

are oriented east-west. Each corridor is

approximately 40 to 50 miles long. The

proposed project will bypass

communities within the three feasible

corridors.

The proposed action will enhance

travel efficiency and safety within the

study area, improve transportation

continuity and rural access, and support

economic development in the region.

This proposed project will select a

preferred corridor for detailed

engineering and environmental analysis

and will select a recommended

alignment within the preferred corridor.

A preferred corridor will be

recommended and presented at a Public

Hearing. Alternate alignments will be

studied within the preferred corridor

once it has been identified. Alternates

studied will address engineering and

environmental concerns in order to

determine an alignment location which

meets the transportation needs of the

region and minimizes the impacts to the

environment. Alignment studies will

determine one preferred alignment

location and address type of facility,

preliminary interchange geometrics,

engineering and environmental impacts

identified. Preliminary measures to

minimize harm, probable construction

cost estimates and estimated right of

way requirements will be developed. A

second hearing will be held to present

the final preferred alignment.

Several alignment alternatives,

including the no-action alternative, will

be evaluated for the proposed project.

Interchanges will be provided at all

major high-volume roadways. Primary

resources that would be affected are

agricultural land, property tax income,

wetlands, and woodlands.

A scoping process will be undertaken

as part of this project. The process will

include meetings, coordination with

appropriate Federal, State, and local

agencies, and review sessions as

needed. A study group comprised of

local officials, environmental, and other

community interests has been

established to provide input during

development and refinement of

alternatives. A scoping packet may be

obtained from one of the contact people

listed above.

To ensure that the full range of issues

related to this proposed action are

addressed, and all substantive issues are

identified, public involvement activities

will be conducted as part of the study.

Drop-in centers, newsletters, and

interest group meetings will be

scheduled. The project’s Draft EIS will

be available for public and agency

review prior to the public hearing. The

time and location of the public hearing

will be announced in local newspapers.

Comments or questions concerning this

proposed action and the Draft EIS

should be directed to FHWA or the

Illinois Department of Transportation at

the addresses provided above.

(Catalog of Federal Domestic Assistance

Program Number 20.205, Highway Planning

and Construction. The regulations

implementing Executive Order 12372

regarding intergovernmental consultation on

Federal programs and activities apply to this

program)

Dated: April 20, 2000.

Jon-Paul Kohler,

Environmental Engineer, Springfield, Illinois.

[FR Doc. 00–10429 Filed 4–25–00; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[FMCSA Docket No. FMCSA–99–6285

(formerly OMCS–99–6285)]

Parts and Accessories Necessary for

Safe Operation; General Motors

Corporation’s Exemption Application;

Minimum Fuel Tank Fill Rate and

Certification Labeling

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Grant of application for

exemption.

SUMMARY: The FMCSA is granting the

application of the General Motors

Corporation (GM) for an exemption from

certain fuel tank design and certification

labeling requirements in the Federal

Motor Carrier Safety Regulations

(FMCSRs). The exemption enables

motor carriers to operate commercial

motor vehicles (CMVs) manufactured by

GM, 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

exemption achieve a level of safety that

is equivalent to the level of safety that

would be achieved by complying with

the regulations. The exemption

preempts inconsistent State and local

requirements applicable to interstate

commerce.

DATES: The exemption is effective on

May 26, 2000. The exemption expires

on May 26, 2002.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry W. Minor, Office of Bus and Truck

Standards and Operations, (202) 366–

4009, Federal Motor Carrier Safety

Administration, 400 Seventh Street,

SW., Washington, DC 20590–0001; or

Mr. Charles E. Medalen, Office of the

Chief Counsel, HCC–20, (202) 366–1354,

Federal Highway 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 submitted to the Docket

Clerk, U.S. DOT Dockets, Room PL–401,

400 Seventh Street, SW., Washington,

DC 20590–0001, in response to the

previous notice concerning this subject

by using the universal resource locator

24532 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Notices

1The EPA requires (40 CFR 80.22) that every

retailer and wholesale purchaser-consumer must

limit each nozzle from which gasoline or methanol

is introduced into motor vehicles to a maximum

fuel flow rate not to exceed 10 gallons per minute

(37.9 liters per minute). Any dispensing pump that

is dedicated exclusively to heavy-duty vehicles is

exempt from the requirement.

(URL): http://dms.dot.gov. It is available

24 hours each day, 365 days each year.

Please follow the instructions online for

more information and help.

An electronic copy of this document

may be downloaded using a modem and

suitable communications software from

the Government Printing Office’s

Electronic Bulletin Board Service at

(202) 512–1661. Internet users may

reach the Office of the Federal Register’s

home page at http://www.nara.gov/

fedreg and the Government Printing

Office’s database at: http://

www.access.gpo.gov/nara.

Creation of New Agency

On December 9, 1999, the President

signed the Motor Carrier Safety

Improvement Act of 1999 (Public Law

106–159, 113 Stat. 1748). The new

statute established the FMCSA in the

Department of Transportation. On

January 4, 2000, the Office of the

Secretary published a final rule

rescinding the authority previously

delegated to the Office of Motor Carrier

Safety (OMCS) (65 FR 220). This

authority is now delegated to the

FMCSA.

The motor carrier functions of the

OMCS’s Resource Centers and Division

(i.e., State) Offices have been transferred

to FMCSA Service Centers and FMCSA

Division Offices, respectively.

Rulemaking, enforcement and other

activities of the Office of Motor Carrier

Safety while part of the FHWA, and

while operating independently of the

FHWA, will be continued by the

FMCSA. The redelegation will cause no

changes in the motor carrier functions

and operations previously handled by

the FHWA or the OMCS. For the time

being, all phone numbers and addresses

are unchanged.

Background

On June 9, 1998, the President signed

the Transportation Equity Act for the

21st Century (TEA–21) (Public Law

105–178, 112 Stat. 107). Section 4007 of

the TEA–21 amended 49 U.S.C. 31315

and 31136(e) concerning the Secretary

of Transportation’s (the Secretary’s)

authority to grant exemptions from the

FMCSRs. An exemption may be up to

two years in duration, and may be

renewed.

Section 4007 of the TEA–21 requires

the FMCSA to publish a notice in the

Federal Register for each exemption

requested, explaining that the request

has been filed, and providing the public

an opportunity to inspect the safety

analysis and any other relevant

information known to the agency, and

comment on the request. Prior to

granting a request for an exemption, the

agency must publish a notice in the

Federal Register identifying the person

or class of persons who will receive the

exemption, the provisions from which

the person will be exempt, the effective

period, and all terms and conditions of

the exemption. The terms and

conditions established by the FMCSA

must ensure that the exemption will

likely achieve a level of safety that is

equivalent to, or greater than, the level

that would be achieved by complying

with the regulation.

On December 8, 1998, the FHWA

published an interim final rule

implementing section 4007 of the TEA–

21 (63 FR 67600). The regulations (49

CFR part 381) established the

procedures to be followed to request

waivers and apply for exemptions from

the FMCSRs, and the procedures that

will be used to process them.

GM’s Application for an Exemption

GM applied for an exemption 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 § 393.67,

respectively. GM’s application for an

exemption was included in its response

to the notice of intent to grant similar

exemptions to the Ford Motor Company

on behalf of motor carriers operating

certain vehicles manufactured by Ford

(64 FR 43417; August 10, 1999). A copy

of GM’s application is included in the

docket referenced at the beginning of

this notice. GM indicated that it ‘‘fully

supports the FHWA’s preliminary

determination to grant an exemption

from the requirements of [§§ ]

393.67(c)(7)(ii), 393.67(f)(2) and

393.67(f)(3)(ii) to [the] Ford Motor

Company’’ and requested the exemption

on behalf of motor carriers operating

certain vehicles manufactured by GM.

GM produces G-vans (Chevrolet

Express and GMC Savanna) and full-size

C/K trucks (Chevrolet Silverado and

GMC Sierra) which may be equipped for

numerous uses, including use as a CMV

as defined in 49 CFR 390.5. GM argues

that exemptions are needed for the same

reasons described in the Ford Motor

Company’s applications. The OMCS

granted the Ford Motor Company’s

applications for exemptions on

December 20, 1999 (64 FR 71184).

Notice of Application and Proposal To

Grant Exemption; Request for

Comments

On December 20, 1999 (64 FR 71186),

the Office of Motor Carrier Safety

published a notice announcing its

proposal to grant GM’s application for

an exemption from certain fuel tank

design and certification requirements in

the FMCSRs. The notice discussed GM’s

application, the basis for proposing to

grant the exemption, and requested

public comment from all interested

parties.

Discussion of Comments

The FMCSA received comments from

El Dorado National and GM. Both

commenters agreed with the

preliminary decision to grant an

exemption for motor carriers operating

certain vehicles manufactured by GM.

El Dorado National believes the rate at

which a fuel tank may be filled has no

bearing on the safe operation of the

vehicle, or safety during the refueling

process. El Dorado National stated that

‘‘[t]he tanks in question will accept fuel

at a rate that the typical commercial

unleaded fuel pumps deliver. * * *’’

On the subject of labeling of fuel

tanks, El Dorado National indicated that

‘‘[s]ince these vehicle tanks are tested,

certified, and mass produced it does not

seem relevant to label each tank.’’ El

Dorado National believes the absence of

a certification label would not

compromise safety.

FMCSA Decision

The FMCSA has considered the

comments received in response to the

December 20, 1999, notice of

application and has decided to grant the

exemption.

Fill-Pipe Capacity Requirement

The FMCSA has reviewed its fill pipe

design requirements and has concluded

that the fill-pipe capacity criterion,

when applied to gasoline-powered

vehicles, is inconsistent with the

Environmental Protection Agency’s

(EPA) regulations 1 concerning gasoline

fuel pumps. While the FMCSA

requirement may be appropriate for

diesel fuel-powered commercial motor

vehicles, it mandates that fill pipes on

gasoline-powered vehicles be capable of

receiving fuel at twice the maximum

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Notices 24533

rate gasoline fuel pumps are designed to

dispense fuel.

Since the EPA’s regulation includes

an exemption for dispensing pumps

used exclusively for refueling heavyduty vehicles, it is possible that some of

the gasoline-powered vehicles that

would be exempted could be refueled at

a location (e.g., at a fleet terminal)

where the dispensing equipment

exceeds 10 gallons per minute.

However, the FMCSA does not believe

this would present a safety problem.

The FMCSA agrees with GM’s argument

in its application that the use of

automatic shut-off valves on fuel

dispensing pumps make it unlikely that

a significant amount of fuel will be

spilled if a vehicle is refueled using a

pump that exceeds the vehicle’s

capacity for receiving fuel. The agency

believes the combination of the EPA

regulation concerning dispensing

pumps, and the use of automatic shutoff nozzles on these pumps ensures a

level of safety that is equivalent to the

level of safety that would be obtained by

complying with § 393.67(c)(7)(ii).

The FMCSA believes any operational

problems experienced by motor carriers

using certain fuel pumps to refill GM

vehicles have already been resolved.

The vehicles in questions have been in

use for a number of years and are still

being produced. Therefore, motor

carriers using these vehicles have

experience refueling them. The FMCSA

is not aware of any safety problems

associated with the fill-pipe capacity for

the fuel tanks on GM G and C/K

vehicles.

The FMCSA also reviewed available

information on the origin of the fill-pipe

rule. The 20-gallon per minute rate in

§ 393.67(c)(7)(ii) is based on the Society

of Automotive Engineers’ (SAE)

recommended practice ‘‘Side Mounted

Gasoline Tanks’’ as revised in 1949. The

SAE later published fuel tank

manufacturing practices in SAE J703,

‘‘Fuel Systems,’’ an information report

which consisted of the former Interstate

Commerce Commission’s requirements

for fuel systems and tanks (codified at

49 CFR 193.65 in the 1953 edition of the

Code of Federal Regulations). The

information report retained the 20-

gallon-per-minute rate. The SAE

currently covers this subject under

recommended practice SAE J703 ‘‘Fuel

Systems—Truck and Truck Tractors.’’

The 1995 version of the recommended

practice continues to use the 20-gallonper-minute criterion for fill pipes.

The FMCSA does not have technical

documentation explaining the rationale

for the SAE’s original use of the 20-

gallon-per-minute rate in 1949 and

believes the adoption of the criterion in

Federal regulations may have resulted

in its continued use in the current SAE

recommended practice which references

§§ 393.65 and 393.67. As stated by the

SAE, ‘‘[t]he intent of this document is

not only to clarify the procedures and

reflect the best currently known

practices, but also to prescribe

requirements * * * that meet or exceed

all corresponding performance

requirements of FMCSR 393.65 and

393.67 that were in effect at the time of

issue.’’

The FMCSA believes the current

requirement may need to be

reconsidered in light of the EPA

requirements. While the agency reviews

this issue, motor carriers should not be

penalized for operating vehicles with

non-compliant fill pipes that they had

no practical means of identifying.

Therefore, the agency is exempting

interstate motor carriers operating

certain GM vehicles from

§ 393.67(c)(7)(ii).

Fuel Tank Marking and Certification

With regard to an exemption from the

fuel tank marking and certification

requirements (§§ 393.67(f)(2) and

(f)(3)(ii)), the FMCSA does not believe

there would be a readily apparent

adverse impact on safety associated

with the absence of the required

markings. Although the FMCSA

considers marking and certification

important for helping enforcement

officials and motor carriers quickly

distinguish between fuel tanks that are

certified as meeting the agency’s

requirements and those that are not, the

agency does not believe the operators of

the GM vehicles should be penalized

because the fuel tanks are not marked

and certified in accordance with

§ 393.67.

As a vehicle manufacturer, GM is

fully aware of all applicable Federal

Motor Vehicle Safety Standards issued

and enforced by the National Highway

Traffic Safety Administration, the

agency in the U.S. Department of

Transportation responsible for

regulating motor vehicle and equipment

manufacturers. However, GM may not

have had the same level of awareness

about all of the fuel tank requirements

of the FMCSA , the agency responsible

for regulating motor carriers.

GM has indicated that its tanks do not

meet the fill pipe requirements, and do

not have the necessary certification. An

exemption to the certification is needed

because GM cannot misrepresent its

product by certifying compliance with

all applicable provisions in § 393.67

while its fill pipe designs allow

approximately 10 gallons of gasoline

fuel per minute to flow into the fuel

tank. The agency believes granting

exemptions for the affected motor

carriers is the most effective way to

resolve the problem while ensuring

highway safety.

Terms and Conditions for the

Exemption

The FMCSA is providing an

exemption to §§ 393.67(c)(7)(ii),

393.67(f)(2), and 393.67(f)(3)(ii) for

motor carriers operating certain GM

vehicles. The exemption is effective

upon publication pursuant to 5 U.S.C.

553(d)(1) and is valid until May 26,

2002, unless revoked earlier by the

FMCSA. GM, or any of the affected

motor carriers, may apply to the FMCSA

for a renewal. The exemption preempts

inconsistent State or local requirements

applicable to interstate commerce.

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 exemption

can be identified by their vehicle

identification numbers (VINs). The VINs

contain ‘‘J’’ or ‘‘K’’ in the fourth position

and a ‘‘1’’ in the seventh position.

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

49 CFR 1.73.

Issued on: April 14, 2000.

Julie Anna Cirillo,

Acting Deputy Administrator.

[FR Doc. 00–10400 Filed 4–25–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[FMCSA Docket No. FMCSA–99–6354

(formerly OMCS–99–6354)]

Controlled Substances and Alcohol

Use and Testing; PacifiCorp Electric

Operations’ Exemption Application;

Random Testing of Drivers

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice of denial of application

for exemption.

SUMMARY: The FMCSA is denying the

application of PacifiCorp Electric

Operations (PacifiCorp) for an

exemption from the FMCSA’s controlled

substances and alcohol random testing

requirements in the Federal Motor

Carrier Safety Regulations (FMCSRs).

PacifiCorp requested an exemption

because the company believes it has a

low percentage of positive random test