66970 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Notices

these points again here, but refer

interested parties to that earlier

discussion.

Conclusion

In accordance with 49 U.S.C. 31315

and 31136(e), the FMCSA extends the

exemptions from the vision requirement

in 49 CFR 391.41(b)(10) granted to

Woodrow E. Bohley, Kenneth E. Bross,

Charlie F. Cook, Russell W. Foster,

Curtis N. Fulbright, Vincent I. Johnson,

Richard L. Loeffelholz, Herman C.

Mash, Frank T. Miller, Charles E.

O’Dell, Martin Postma, Robert G.

Rascicot, Jon H. Wurtele, and Walter M.

Yohn, Jr., subject to the following

conditions: (1) That each individual be

physically examined every year (a) by

an ophthalmologist or optometrist who

attests that the vision in the better eye

continues to meet the standard in 49

CFR 391.41(b)(10), and (b) by a medical

examiner who attests that the individual

is otherwise physically qualified under

49 CFR 391.41; (2) that each individual

provide a copy of the ophthalmologist’s

or optometrist’s report to the medical

examiner at the time of the annual

medical examination; and (3) that each

individual provide a copy of the annual

medical certification to the employer for

retention in the driver’s qualification

file and retain a copy of the certification

on his/her person while driving for

presentation to a duly authorized

Federal, State, or local enforcement

official. Each exemption will be valid

for 2 years unless rescinded earlier by

the FMCSA. The exemption will be

rescinded if: (1) The person fails to

comply with the terms and conditions

of the exemption; (2) the exemption has

resulted in a lower level of safety than

was maintained before it was granted; or

(3) continuation of the exemption would

not be consistent with the goals and

objectives of 49 U.S.C. 31315 and

31136(e).

Request for Comments

The FMCSA has evaluated the

qualifications and driving performance

of the 14 applicants here and extends

their exemptions based on the evidence

introduced. The agency will review any

comments received concerning a

particular driver’s safety record and

determine if the continuation of the

exemption is consistent with the

requirements at 49 U.S.C. 31315 and

31136(e). While comments of this nature

will be entertained at any time, the

FMCSA requests that interested parties

with information concerning the safety

records of these drivers submit

comments by January 28, 2002. All

comments will be considered and will

be available for examination in the

docket room at the above address. The

FMCSA will also continue to file in the

docket relevant information which

becomes available. Interested persons

should continue to examine the docket

for new material.

Authority: 49 U.S.C. 322, 31136 and 31315;

and 49 CFR 1.73.

Issued on: December 19, 2001.

Brian M. McLaughlin,

Associate Administrator, Policy and Program

Development.

[FR Doc. 01–31775 Filed 12–26–01; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[DOT Docket No. FMCSA–99–5867]

Parts and Accessories Necessary for

Safe Operation; Renewal of 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.

SUMMARY: The FMCSA is granting the

application from the Ford Motor

Company (Ford) for a renewal of

exemptions for the vehicles specified at

the end of this notice from certain fuel

tank design and certification labeling

requirements in the Federal Motor

Carrier Safety Regulations (FMCSRs).

The exemptions enable motor carriers to

operate 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

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 renewing 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

December 27, 2001. The exemptions

expire on December 29, 2003.

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 applied for exemptions for the

vehicles specified at the end of this

notice 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

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

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