[Federal Register: March 27, 2002 (Volume 67, Number 59)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-99-6285]
Parts and Accessories Necessary for Safe Operation; Renewal of
Fuel Tank Exemptions for Vehicles Manufactured by the General Motors
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Grant of applications for exemptions.
SUMMARY: The FMCSA is granting the application from the General Motors
Corporation (GM) for exemptions for the vehicles specified in this
notice. Those exemptions are from certain fuel tank design and
certification labeling requirements in the Federal Motor Carrier Safety
Regulations (FMCSRs). Renewal of the exemptions enables motor carriers
to continue operating commercial motor vehicles (CMVs) manufactured by
GM which are 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 March 27, 2002. The exemptions
expire on March 29, 2004.
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 as
well as see the submissions of other commenters at
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 acknowledgment page that appears after you submit comments
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.
GM's Application for Exemptions
GM 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 Federal Highway
Administration (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 65 FR 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
The exemptions covered Sec. 393.67(c)(7)(ii), Construction of
liquid fuel tanks; fill pipe, and Sec. 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.
On December 27, 2001 (66 FR 66972) the FMCSA announced its intent
to renew GM's exemption. The FMCSA received no comments to that notice.
The FMCSA has decided 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 of safety for the exempted
vehicles is not equivalent to the level of safety 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
submitted comments to the docket since April 26, 2000, the date the
original exemption was granted, indicating that any aspects of the
exemptions have had an adverse effect on highway safety. Accordingly,
the agency is granting the exemptions that were the subject of the
December 27, 2001, notice for another two-year period.
Terms and Conditions for the Exemption
The FMCSA is continuing 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 exemptions are effective
upon publication in the Federal Register pursuant to 5 U.S.C. 553(d)(1)
and are 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
continues to preempt inconsistent State or local requirements
applicable to interstate commerce.
As with the original exemption, 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
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.''
Authority: 49 U.S.C. 31136 and 31315; and 49 CFR 1.73.
Issued on: March 22, 2002.
Joseph M. Clapp,
[FR Doc. 02-7362 Filed 3-26-02; 8:45 am]
BILLING CODE 4910-EX-P