Parts and Accessories Necessary for Safe Operation; Grant of Temporary Exemption for Con-way Freight, TK Holdings, Inc., and Iteris, Inc., 71619-71621 [2011-29600]
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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Availability of the Final Environmental
Assessment (EA) and Finding of No
Significant Impact (FONSI) for Issuing
an Experimental Permit to SpaceX for
Operation of the Grasshopper Vehicle
at the McGregor Test Site, Texas
Federal Aviation
Administration (FAA), Department of
Transportation.
ACTIONS: Notice.
AGENCY:
In accordance with the
National Environmental Policy Act
(NEPA) of 1969, 42 United States Code
§ 4321–4347 (as amended), Council on
Environmental Quality (CEQ) NEPA
implementing regulations (40 Code of
Federal Regulations [CFR] Parts 1500–
1508), and FAA Order 1050.1E, Change
1, the FAA is announcing the
availability of the Final EA and FONSI
for Issuing an Experimental Permit to
SpaceX for Operation of the
Grasshopper Vehicle at the McGregor
Test Site, Texas.
The Final EA was prepared in
response to an application for an
experimental permit from Space
Exploration Technologies Corporation
(SpaceX). Under the Proposed Action,
the FAA would issue an experimental
permit to SpaceX to conduct suborbital
launches and landings of the
Grasshopper Reusable Launch Vehicle
(RLV) from the McGregor test site in
McGregor, Texas. The Grasshopper RLV
is a vertical takeoff and vertical landing
vehicle. The McGregor test site is
located within the city limits of the City
of McGregor, Texas in Coryell and
McLennan Counties, approximately 20
miles southwest of Waco, Texas. The
Final EA addresses the potential
environmental impacts of implementing
the Proposed Action and the No Action
Alternative of not issuing an
experimental permit to SpaceX.
The FAA has posted the Final EA and
FONSI on the FAA/AST Web site at
https://www.faa.gov/about/office_org/
headquarters_offices/ast/. In addition,
copies of the Final EA and FONSI were
sent to persons and institutions on the
distribution list (see Chapter 8 of the
Final EA). A paper copy of the Final EA
and FONSI may be reviewed during
regular business hours at the following
location: McGinley Memorial Library,
317 Main Street, McGregor, Texas
76657.
Additional Information: Under the
Proposed Action, the FAA would issue
an experimental permit to SpaceX,
which would authorize SpaceX to
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:44 Nov 17, 2011
Jkt 226001
conduct suborbital launches and
landings of the Grasshopper RLV from
the McGregor test site in McGregor,
Texas. SpaceX has determined that to
support the Grasshopper RLV activities
under the experimental permit, it would
be necessary to construct a launch pad
and additional support infrastructure
(water lines). Therefore, the Proposed
Action analyzed in the Final EA
includes the activities that would be
authorized by the experimental permit
(i.e., the operation of the launch vehicle)
as well as the construction of the launch
pad and installation of water lines. The
experimental permit would be valid for
one year and would authorize an
unlimited number of launches. The
FAA could renew the experimental
permit if requested, in writing, by
SpaceX at least 60 days before the
permit expires. SpaceX anticipates that
the Grasshopper RLV program would
require up to 3 years to complete.
Therefore, the Proposed Action
considers one new permit and two
potential permit renewals.
Although an experimental permit
would authorize an unlimited number
of launches, the FAA, in conjunction
with SpaceX, developed a conservative
set of assumptions regarding the
possible number of launches that could
be conducted under any one
experimental permit for the
Grasshopper RLV at the McGregor test
site. The FAA has assumed that SpaceX
would conduct up to 70 annual
suborbital launches of the Grasshopper
RLV under an experimental permit at
the McGregor test site. This estimation
is a conservative number and considers
potential multiple launches per day and
potential launch failures.
The only alternative to the Proposed
Action analyzed in the Final EA is the
No Action Alternative. Under the No
Action Alternative, the FAA would not
issue an experimental permit to SpaceX
for operation of the Grasshopper RLV at
the McGregor test site. Existing SpaceX
activities would continue at the
McGregor test site. Please refer to
Section 2.2 of the Final EA for a brief
discussion of existing SpaceX activities.
The resource areas considered in the
Final EA include air quality; noise and
compatible land use; land use
(including U.S. Department of
Transportation Section 4(f) Properties);
biological resources (fish, wildlife, and
plants); historical, architectural,
archaeological, and cultural resources;
hazardous materials, pollution
prevention, and solid waste; light
emissions and visual resources; natural
resources and energy supply; water
resources (surface waters and wetlands,
groundwater, floodplains, and water
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Fmt 4703
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71619
quality); socioeconomics, environmental
justice, and children’s environmental
health and safety; and secondary
(induced) impacts. Potential cumulative
impacts of the Proposed Action were
also addressed in the Final EA.
An analysis of the Proposed Action
has concluded that there would be no
significant short-term, long-term, or
cumulative effects to the environment or
surrounding populations. Therefore, an
Environmental Impact Statement for the
Proposed Action is not required. After
careful and thorough consideration of
the facts contained herein, the FAA
finds that the proposed Federal action is
consistent with existing national
environmental policies and objectives as
set forth in Section 101 of NEPA and
other applicable environmental
requirements and will not significantly
affect the quality of the human
environment or otherwise include any
condition requiring consultation
pursuant to Section 102(2)(c) of NEPA.
FOR FURTHER INFORMATION CONTACT: Mr.
Daniel Czelusniak, Environmental
Program Lead, Office of Commercial
Space Transportation, Federal Aviation
Administration, 800 Independence
Avenue SW., Room 325, Washington,
DC 20591; telephone (202) 267–5924;
email: Daniel.Czelusniak@faa.gov.
Issued in Washington, DC, on November
11, 2011.
Glenn H. Rizner,
Deputy Manager, Space Transportation
Development Division.
[FR Doc. 2011–29892 Filed 11–17–11; 8:45 am]
BILLING CODE 4310–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0166]
Parts and Accessories Necessary for
Safe Operation; Grant of Temporary
Exemption for Con-way Freight, TK
Holdings, Inc., and Iteris, Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant an
exemption to enable Con-way Freight
(Con-way), TK Holdings, Inc. (Takata),
and Iteris, Inc. (Iteris) to mount lane
departure warning system sensors lower
in the windshield of a commercial
motor vehicle (CMV) than is currently
permitted by the Agency’s regulations.
The lane departure warning system
SUMMARY:
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71620
Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices
alerts drivers who unintentionally drift
out of their lane of travel, thus
promoting improved safety
performance.
DATES: This exemption is effective
November 18, 2011 through November
18, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and
Truck Standards and Operations, MC–
PSV, (202) 366–0676, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant an exemption from
the prohibition on obstructions to the
driver’s field of view requirements in 49
CFR 393.60(e) for a two-year period if it
finds ‘‘such exemption would likely
achieve a level of safety that is
equivalent to, or greater than, the level
of safety that would be achieved absent
such exemption,’’ (49 CFR 381.305(a)).
Applications for Exemptions
On November 11, 2009, Con-way
applied for an exemption from 49 CFR
393.60(e)(1) to allow it to install lane
departure warning system sensors on
1,272 of its newly purchased power
units. Takata and Iteris submitted nearly
identical exemption applications for
their lane departure warning system
sensors on December 15, 2009 and on
February 25, 2010, respectively. On June
14, 2010, FMCSA published a notice of
these applications, and asked for public
comment (75 FR 33666).
Section 393.60(e)(1) of the FMCSRs
prohibits the obstruction of the driver’s
field of view by devices mounted at the
top of the windshield. Antennas,
transponders and similar devices
(collectively, devices) must not be
mounted more than 152 mm (6 inches)
below the upper edge of the windshield.
These devices must be located outside
the area swept by the windshield wipers
and outside the driver’s sight lines to
the road and highway signs and signals.
Con-way, Takata, and Iteris state that
over the last several years, truck
manufacturers have increased the
windshield area to maximize driver
visibility. As a result, manufacturers
have voluntarily installed larger
windshield wipers on these windshields
that increase the swept area beyond that
which is minimally required by Federal
Motor Vehicle Safety Standard (FMVSS)
No. 104, ‘‘Windshield wiping and
washing systems.’’ FMVSS No. 104
establishes the requirements applicable
VerDate Mar<15>2010
17:44 Nov 17, 2011
Jkt 226001
to vehicle and equipment manufacturers
for windshield wiper system coverage
for passenger cars, multi-purpose
passenger vehicles, trucks, and buses.
Con-way, Takata, and Iteris provided
diagrams and photos showing the
dimensions of the lane departure
sensors and their mounting locations on
vehicle windshields. Specifically, the
lane departure sensor device itself
measures 2 inches by 3.5 inches and is
mounted within the top 2 inches of the
windshield wiper sweep. The lane
departure system requires the forward
lens of the sensor to be in the swept area
of the windshield for a clear view in
inclement weather.
Con-way, Takata, and Iteris cited the
findings of a report published by
FMCSA’s Office of Analysis, Research
and Technology titled ‘‘Benefit-Cost
Analyses of Onboard Safety Systems,’’
which summarizes the projected safety
benefits for various CMV onboard safety
technologies, including lane departure
warning systems. Using projected
efficacy rates ranging from 23 percent to
53 percent, the report estimated that,
based on industry-wide use, lane
departure warning systems have the
potential to eliminate approximately
1,609–2,463 single-vehicle roadway
departure crashes, 627–1,307 singlevehicle roadway departure rollovers,
1,111–2,223 same-direction lane
departure sideswipes, 997–1,992
opposite-direction lane departure
sideswipes, and 59–118 oppositedirection lane departure head-on
collisions. Con-way, Takata, and Iteris
each stated that without the exemption,
they will be unable to (1) implement the
lane departure warning system, and (2)
realize the potential safety benefits that
can be expected with the utilization of
this technology as estimated in the
FMCSA report described above.
Comments
In response to its notice requesting
public comment, the Agency received
one comment, from the American
Trucking Associations (ATA). The ATA
supports the use of lane departure
warning systems and identified no
specific objection to the exemption
applications. The ATA stated that the
devices present relatively minor visual
obstruction when placed near the upper
edge of the windshield wiper sweep,
and should not adversely impact the
driver’s ability to clearly see out of the
windshield.
FMCSA Decision
The FMCSA has evaluated the Conway, Jakarta, and Iteris exemption
applications. The Agency believes that
granting the temporary exemptions to
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Frm 00111
Fmt 4703
Sfmt 4703
allow the placement of lane departure
warning system sensors lower in the
windshield than is currently permitted
by the Agency’s regulations will provide
a level of safety that is equivalent to, or
greater than the level of safety achieved
without the exemption because (1)
based on the technical information
available, there is no indication that the
lane departure warning system sensors
would obstruct drivers’ views of the
roadway, highway signs and
surrounding traffic; (2) generally, trucks
and buses have an elevated seating
position that greatly improves the
forward visual field of the driver, and
any impairment of available sight lines
would be minimal; and (3) the location
within the top two inches of the area
swept by the windshield wiper and out
of the driver’s normal sightline will be
reasonable and enforceable at roadside.
In addition, the Agency believes that the
use of lane departure warning systems
by fleets is likely to improve the overall
level of safety to the motoring public.
This action is consistent with
previous Agency actions permitting the
similar placement of video event
recorders on CMVs, within the swept
area of the windshield wipers. FMCSA
has granted temporary exemptions to
Greyhound Lines, Inc. and to DriveCam,
Inc. regarding the use of the video event
recorders to increase safety through (1)
identification and remediation of risky
driving behaviors such as distracted
driving and drowsiness, (2) enhanced
monitoring of passenger behavior on
CMVs in passenger service, and (3)
enhanced collision review and analysis.
Both of these exemptions have been
renewed for a second 2-year period, as
FMCSA is not aware of any evidence
showing that the installation of the
devices in the upper area of the
windshield has resulted in any
degradation in safety. Further, FMCSA
continues to believe that the potential
safety gains from the use of video event
recorders to improve driver behavior
will improve the overall level of safety
to the motoring public. The Agency
believes the same is true regarding the
use of lane departure warning systems.
Terms and Conditions for the
Exemption
The Agency hereby grants the
exemptions for a two-year period,
beginning November 18, 2011 and
ending November 18, 2013. During the
temporary exemption period, Con-way
and motor carriers using the Takata and
Iteris lane departure warning systems
must ensure that the sensors are
mounted not more than 50 mm (2
inches) below the upper edge of the area
swept by the windshield wipers, and
E:\FR\FM\18NON1.SGM
18NON1
Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Notices
outside the driver’s sight lines to the
road and highway signs and signals. The
exemption will be valid for two years
unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (1)
Motor carriers and/or commercial motor
vehicles fail 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.
31136(e) and 31315(b).
Interested parties possessing
information that would demonstrate
that Con-way commercial motor
vehicles using lane departure warning
systems or commercial motor vehicles
using lane departure warning systems
manufactured by Takata and Iteris are
not achieving the requisite statutory
level of safety should immediately
notify FMCSA. The Agency will
evaluate any such information and, if
safety is being compromised or if the
continuation of the exemption is not
consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to
revoke the exemptions granted to Conway, Takata, and Iteris.
Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with or is
inconsistent with this exemption with
respect to a person operating under the
exemption.
Issued on: November 8, 2011.
Anne S. Ferro,
Administrator.
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
mstockstill on DSK4VPTVN1PROD with NOTICES
November 14, 2011.
The Department of Treasury will
submit the following public information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. Copies of
the submission(s) may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
addressed to the OMB reviewer listed
and to the Treasury Department
Clearance Officer, Department of the
Treasury, Room 11010, 1750
17:44 Nov 17, 2011
United States Mint
OMB Number: 1525–0013.
Type of Review: Revision of a
currently approved collection.
Title: Application for Intellectual
Property Use.
Form: Mint Form 3045.
Abstract: The application form allows
individuals and business entities to
apply to use United States Mint
intellectual property and trademark and
copyright materials.
Affected Public: Private Sector:
Businesses or other for-profits.
Estimated Total Annual Burden
Hours: 84.
Bureau Clearance Officer: Yvonne
Pollard, United States Mint, 799 9th
Street NW., 4th Floor, Washington, DC
20220; (202) 354–6784.
OMB Reviewer: Shagufta Ahmed,
Office of Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; (202) 395–7873.
Jkt 226001
Abstract: Organizational actions that
affect the basis of stock will be reported
on this form. This form will be sent to
stock holders of record and nominees
affected.
Respondents: Private Sector:
Businesses or other for-profits.
Estimated Total Burden Hours:
206,500.
Bureau Clearance Officer: Yvette
Lawrence, Internal Revenue Service,
1111 Constitution Avenue NW.,
Washington, DC 20224; (202) 927–4374.
OMB Reviewer: Shagufta Ahmed,
Office of Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; (202) 395–7873.
Dawn D. Wolfgang,
Treasury PRA Clearance Officer.
[FR Doc. 2011–29814 Filed 11–17–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 8892
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
Dawn D. Wolfgang,
Treasury PRA Clearance Officer.
[FR Doc. 2011–29790 Filed 11–17–11; 8:45 am]
BILLING CODE 4810–37–P
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Form
8892, Payment of Gift/GST Tax and/or
Application for Extension to File Form
709.
DATES: Written comments should be
received on or before January 17, 2012
to be assured of consideration.
ADDRESSES: Direct all written comments
to Yvette Lawrence, Internal Revenue
Service, room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to Allan Hopkins, at
(202) 622–6665, or at Internal Revenue
Service, room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224, or
through the Internet, at
Allan.M.Hopkins@irs.gov.
SUMMARY:
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
November 15, 2011.
[FR Doc. 2011–29600 Filed 11–17–11; 8:45 am]
VerDate Mar<15>2010
Pennsylvania Avenue NW., Washington,
DC 20220.
DATES: Written comments should be
received on or before December 19, 2011
to be assured of consideration.
The Department of the Treasury will
submit the following public information
collection requirement to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the date
of publication of this notice. A copy of
the submission may be obtained by
calling the Treasury Bureau Clearance
Officer listed. Comments regarding this
information collection should be
addressed to the OMB reviewer listed
and to the Treasury PRA Clearance
Officer, Department of the Treasury,
1750 Pennsylvania Avenue NW., Suite
11010, Washington, DC 20220.
DATES: Written comments should be
received on or before December 19, 2011
to be assured consideration.
Internal Revenue Service (IRS)
OMB Number: 1545–NEW.
Type of Review: New collection.
Title: Report of Organizational
Actions Affecting Basis of Securities.
Forms: 8937.
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71621
SUPPLEMENTARY INFORMATION:
E:\FR\FM\18NON1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Notices]
[Pages 71619-71621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29600]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0166]
Parts and Accessories Necessary for Safe Operation; Grant of
Temporary Exemption for Con-way Freight, TK Holdings, Inc., and Iteris,
Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant an exemption to enable Con-way Freight
(Con-way), TK Holdings, Inc. (Takata), and Iteris, Inc. (Iteris) to
mount lane departure warning system sensors lower in the windshield of
a commercial motor vehicle (CMV) than is currently permitted by the
Agency's regulations. The lane departure warning system
[[Page 71620]]
alerts drivers who unintentionally drift out of their lane of travel,
thus promoting improved safety performance.
DATES: This exemption is effective November 18, 2011 through November
18, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the prohibition on obstructions to the driver's field of view
requirements in 49 CFR 393.60(e) for a two-year period if it finds
``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
achieved absent such exemption,'' (49 CFR 381.305(a)).
Applications for Exemptions
On November 11, 2009, Con-way applied for an exemption from 49 CFR
393.60(e)(1) to allow it to install lane departure warning system
sensors on 1,272 of its newly purchased power units. Takata and Iteris
submitted nearly identical exemption applications for their lane
departure warning system sensors on December 15, 2009 and on February
25, 2010, respectively. On June 14, 2010, FMCSA published a notice of
these applications, and asked for public comment (75 FR 33666).
Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the
driver's field of view by devices mounted at the top of the windshield.
Antennas, transponders and similar devices (collectively, devices) must
not be mounted more than 152 mm (6 inches) below the upper edge of the
windshield. These devices must be located outside the area swept by the
windshield wipers and outside the driver's sight lines to the road and
highway signs and signals.
Con-way, Takata, and Iteris state that over the last several years,
truck manufacturers have increased the windshield area to maximize
driver visibility. As a result, manufacturers have voluntarily
installed larger windshield wipers on these windshields that increase
the swept area beyond that which is minimally required by Federal Motor
Vehicle Safety Standard (FMVSS) No. 104, ``Windshield wiping and
washing systems.'' FMVSS No. 104 establishes the requirements
applicable to vehicle and equipment manufacturers for windshield wiper
system coverage for passenger cars, multi-purpose passenger vehicles,
trucks, and buses.
Con-way, Takata, and Iteris provided diagrams and photos showing
the dimensions of the lane departure sensors and their mounting
locations on vehicle windshields. Specifically, the lane departure
sensor device itself measures 2 inches by 3.5 inches and is mounted
within the top 2 inches of the windshield wiper sweep. The lane
departure system requires the forward lens of the sensor to be in the
swept area of the windshield for a clear view in inclement weather.
Con-way, Takata, and Iteris cited the findings of a report
published by FMCSA's Office of Analysis, Research and Technology titled
``Benefit-Cost Analyses of Onboard Safety Systems,'' which summarizes
the projected safety benefits for various CMV onboard safety
technologies, including lane departure warning systems. Using projected
efficacy rates ranging from 23 percent to 53 percent, the report
estimated that, based on industry-wide use, lane departure warning
systems have the potential to eliminate approximately 1,609-2,463
single-vehicle roadway departure crashes, 627-1,307 single-vehicle
roadway departure rollovers, 1,111-2,223 same-direction lane departure
sideswipes, 997-1,992 opposite-direction lane departure sideswipes, and
59-118 opposite-direction lane departure head-on collisions. Con-way,
Takata, and Iteris each stated that without the exemption, they will be
unable to (1) implement the lane departure warning system, and (2)
realize the potential safety benefits that can be expected with the
utilization of this technology as estimated in the FMCSA report
described above.
Comments
In response to its notice requesting public comment, the Agency
received one comment, from the American Trucking Associations (ATA).
The ATA supports the use of lane departure warning systems and
identified no specific objection to the exemption applications. The ATA
stated that the devices present relatively minor visual obstruction
when placed near the upper edge of the windshield wiper sweep, and
should not adversely impact the driver's ability to clearly see out of
the windshield.
FMCSA Decision
The FMCSA has evaluated the Con-way, Jakarta, and Iteris exemption
applications. The Agency believes that granting the temporary
exemptions to allow the placement of lane departure warning system
sensors lower in the windshield than is currently permitted by the
Agency's regulations will provide a level of safety that is equivalent
to, or greater than the level of safety achieved without the exemption
because (1) based on the technical information available, there is no
indication that the lane departure warning system sensors would
obstruct drivers' views of the roadway, highway signs and surrounding
traffic; (2) generally, trucks and buses have an elevated seating
position that greatly improves the forward visual field of the driver,
and any impairment of available sight lines would be minimal; and (3)
the location within the top two inches of the area swept by the
windshield wiper and out of the driver's normal sightline will be
reasonable and enforceable at roadside. In addition, the Agency
believes that the use of lane departure warning systems by fleets is
likely to improve the overall level of safety to the motoring public.
This action is consistent with previous Agency actions permitting
the similar placement of video event recorders on CMVs, within the
swept area of the windshield wipers. FMCSA has granted temporary
exemptions to Greyhound Lines, Inc. and to DriveCam, Inc. regarding the
use of the video event recorders to increase safety through (1)
identification and remediation of risky driving behaviors such as
distracted driving and drowsiness, (2) enhanced monitoring of passenger
behavior on CMVs in passenger service, and (3) enhanced collision
review and analysis. Both of these exemptions have been renewed for a
second 2-year period, as FMCSA is not aware of any evidence showing
that the installation of the devices in the upper area of the
windshield has resulted in any degradation in safety. Further, FMCSA
continues to believe that the potential safety gains from the use of
video event recorders to improve driver behavior will improve the
overall level of safety to the motoring public. The Agency believes the
same is true regarding the use of lane departure warning systems.
Terms and Conditions for the Exemption
The Agency hereby grants the exemptions for a two-year period,
beginning November 18, 2011 and ending November 18, 2013. During the
temporary exemption period, Con-way and motor carriers using the Takata
and Iteris lane departure warning systems must ensure that the sensors
are mounted not more than 50 mm (2 inches) below the upper edge of the
area swept by the windshield wipers, and
[[Page 71621]]
outside the driver's sight lines to the road and highway signs and
signals. The exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) Motor
carriers and/or commercial motor vehicles fail 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. 31136(e) and 31315(b).
Interested parties possessing information that would demonstrate
that Con-way commercial motor vehicles using lane departure warning
systems or commercial motor vehicles using lane departure warning
systems manufactured by Takata and Iteris are not achieving the
requisite statutory level of safety should immediately notify FMCSA.
The Agency will evaluate any such information and, if safety is being
compromised or if the continuation of the exemption is not consistent
with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to
revoke the exemptions granted to Con-way, Takata, and Iteris.
Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.
Issued on: November 8, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-29600 Filed 11-17-11; 8:45 am]
BILLING CODE 4910-EX-P
