[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Notices]
[Pages 66972-66973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31737]


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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.

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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,

[[Page 66973]]

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, if renewed, 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

GM's Application for Exemptions

    GM previously applied 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 December 20, 1999 (64 FR 71186), the FHWA published a notice of 
intent to grant GM's applications. The FHWA requested public comment on 
GM'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 April 26, 2000 
(65 FR 24531). In that notice (at 24532-24533), 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 approximately 10 gallons per minute.
    The exemptions covered the vehicles specified at the end of this 
notice for 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.

Reason for Renewing the Exemptions

    The FMCSA intends to renew the exemptions because 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 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 exemption was granted on 
April 26, 2000, indicating that any aspects of the exemptions have had 
an adverse effect on highway safety. Accordingly, the agency is 
proposing to renew the exemptions for another two-year period.

Terms and Conditions for the Exemption Renewal

    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 GM G-Vans (Chevrolet Express and GMC Savanna) and 
full-sized C/K trucks (Chevrolet Silverado and GMC Sierra) with gross 
vehicle weight ratings over 10,000 pounds. 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. GM, 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 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 either a ``J'' or a ``K'' in the forth 
position of the VIN. IN addition, the seventh position of the VINs on 
the G-Van would contain a ``1.''

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 
renewal. 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. 01-31737 Filed 12-26-01; 8:45 am]
BILLING CODE 4910-22-P