[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Notices]
[Pages 66971-66972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31736]


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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.

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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 
Sec. 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

[[Page 66972]]

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 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 Secs. 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. 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 Secs. 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 
Secs. 393.67(c)(7)(ii), 393.67(f)(2), and 393.67(f)(3)(ii) for motor 
carriers operating additional Ford Econoline-based 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