Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices 66971

that the tank conforms to all applicable

rules in § 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

§§ 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 §§ 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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[DOT 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: Notice of applications for

exemptions and intent to grant

exemptions; request for comments.

SUMMARY: The FMCSA is announcing its

intent to grant exemptions for additional

vehicles specified at the end of this

notice, in response to an application

from the Ford Motor Company (Ford),

from certain fuel tank design and

certification labeling requirements in

the Federal Motor Carrier Safety

Regulations (FMCSRs). This exemption

would enable motor carriers to continue

operating 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 current

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 granting the additional exemptions

would not adversely affect highway

safety. The additional exemptions, if

granted, would continue to preempt

inconsistent State and local

requirements applicable to interstate

commerce.

DATES: Comments must be received on

or before January 28, 2002.

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

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 electronically 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 acknowledgement page that appears

after you submit comments

electronically.

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 § 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

66972 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices

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 fuelpowered 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

§ 393.67(c)(7)(ii), Construction of liquid

fuel tanks; fill pipe, and §§ 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 § 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 the November 2, 2001 notice.

Ford also requested additional

exemptions for the vehicles specified at

the end of this notice 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 separate notice in today’s Federal

Register, the FMCSA has decided to

renew the exemption granted for the

vehicles specified in Ford’s original

petition.

Basis for Preliminary Determination To

Grant the Additional Exemptions

The FMCSA intends to grant the

requested additional exemptions

because the commercial motor vehicles

covered by the exemptions are

substantially similar to those covered by

the original exemption. The vehicles

that are the subject of Ford’s new

petition are E-series and F-series

vehicles that were not in production at

the time of Ford’s original petition. Ford

states that the exemptions for these

vehicles are needed for the same reasons

described in their original request.

Among other things:

they are equipped with fuel tanks mounted

between the frame rails, use a fill system

conforming to Environmental Protection

Agency (EPA) fill requirements, and are

designed for conformance to FMVSS [Federal

Motor Vehicle Safety Standard] 301

performance requirements. Although the

vehicles over 10,000 [lbs.] GVWR are not

required to meet FMVSS 301, the fill system

on these vehicles is based on the design for

vehicles conforming to FMVSS 301.

These vehicles 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 of that

would have been achieved if the

vehicles complied with

§§ 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

original exemption was granted, on

December 20, 1999, indicating that any

aspects of the exemptions have had an

adverse effect on highway safety.

Accordingly, the agency is proposing to

grant the exemptions for these

additionally specified similar vehicles.

Terms and Conditions for the

Exemption

The FMCSA would continue to

provide exemptions to

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

393.67(f)(3)(ii) for motor carriers

operating additional Ford Econolinebased vehicles, as specified in the next

paragraph. The exemption renewal

would be effective upon publication in

the Federal Register pursuant to 5

U.S.C. 553(d)(1) and would be valid for

two years from the date of approval,

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 would continue to preempt

inconsistent State or local requirements

applicable to interstate commerce.

As with the original exemption, 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–9002–D*,

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).

Request for Comments

In accordance with 49 U.S.C. 31315

and 31136(e), the FMCSA is requesting

public comment from all interested

persons on the exemption proposal. All

comments received before the close of

business on the comment closing date

indicated at the beginning of this notice

will be considered and will be available

for examination in the docket at the

location listed under the address section

of this notice. Comments received after

the comment closing date will be filed

in the public docket and will be

considered to the extent practicable, but

the FMCSA may renew the exemptions

at any time after the close of the

comment period. In addition to late

comments, the FMCSA will also

continue to file, in the public docket,

relevant information that becomes

available after the comment closing

date. Interested persons should continue

to examine the public docket for new

material.

Issued on: December 20, 2001.

Joseph M. Clapp,

Administrator.

[FR Doc. 01–31736 Filed 12–20–01; 2:51 pm]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[DOT 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: Notice of intent to renew

exemptions; request for comments.

SUMMARY: The FMCSA is announcing its

intent to renew exemptions for the

vehicles specified at the end of this

notice in response to applications from

the General Motors Corporation (GM),

from certain fuel tank design and

certification labeling requirements in

the Federal Motor Carrier Safety

Regulations (FMCSRs). Renewal of the

exemptions would enable motor carriers

to continue operating commercial motor

vehicles (CMVs) manufactured by GM,