Parts and Accessories Necessary for Safe Operation; Grant of Exemption for Transecurity LLC (Transecurity), 71028-71030 [2012-28823]
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71028
Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Notices
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–NYSE–
2012–45 and should be submitted on or
before December 19, 2012.
Dated: November 20, 2012.
Theodore P. Kill,
Attorney-Adviser, Office of Claims and
Investment Disputes, Office of the Legal
Adviser, Executive Director, Advisory
Committee on International Law, Department
of State.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Kevin M. O’Neill,
Deputy Secretary.
DEPARTMENT OF TRANSPORTATION
[FR Doc. 2012–28799 Filed 11–27–12; 8:45 am]
BILLING CODE 8011–01–P
[FR Doc. 2012–28851 Filed 11–27–12; 8:45 am]
BILLING CODE 4710–08–P
Federal Aviation Administration
Twelfth Meeting: RTCA Special
Committee 223, Airport Surface
Wireless Communications
DEPARTMENT OF STATE
[Public Notice 8098]
erowe on DSK2VPTVN1PROD with
A meeting of the Advisory Committee
on International Law will take place on
Friday December 14, from 9:30 a.m. to
approximately 5:30 p.m., at the George
Washington University Law School
(Frederick Lawrence Student
Conference Center), 2000 H St. NW.,
Washington, DC. The meeting will be
chaired by the Legal Adviser of the
Department of State, Harold Hongju
Koh, and will be open to the public up
to the capacity of the meeting room. It
is anticipated that the agenda of the
meeting will cover a range of current
international legal topics, including
corporate social responsibility,
principles of self-defense, maritime
security, international promotion of the
freedom of expression, and the
International Law Commission’s
consideration of the topic of crimes
against humanity.
Members of the public who wish to
attend the session should, by Friday,
December 7, 2012, notify the Office of
the Legal Adviser (telephone: (202) 776–
8442, email: LermanJB@state.gov
mailto:KillTP@state.gov) of their name,
professional affiliation, address, and
telephone number. A valid photo ID is
required for admittance. A member of
the public who needs reasonable
accommodation should make his or her
request by December 5, 2012. Requests
made after that time will be considered
but might not be possible to
accommodate.
CFR 200.30–3(a)(12).
13:52 Nov 27, 2012
[FR Doc. 2012–28854 Filed 11–27–12; 8:45 am]
BILLING CODE 4910–13–P
The FAA is issuing this notice
to advise the public of the meeting of
the RTCA Special Committee 223,
Airport Surface Wireless
Communications.
[Docket No. FMCSA–2011–0165]
The meeting will be held
December 4–6, 2012, from 9:00 a.m.–
5:00 p.m.
ADDRESSES: The meeting will be held at
the Boeing, Building 2–25 Lobby, 7755
East Marginal Way South, Seattle, WA
98108.
FOR FURTHER INFORMATION CONTACT: The
RTCA Secretariat, 1150 18th Street NW.,
Suite 910, Washington, DC, 20036, or by
telephone at (202) 330–0662/(202) 833–
9339, fax (202) 833–9434, or Web site at
https://www.rtca.org.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. No.
92–463, 5 U.S.C., App.), notice is hereby
given for a meeting of Special
Committee 223. The agenda will include
the following:
AGENCY:
SUMMARY:
Notice of Meeting of Advisory
Committee on International Law
VerDate Mar<15>2010
Issued in Washington, DC, on November 8,
2012.
Richard F. Gonzalez,
Management Analyst, Business Operations
Group, Federal Aviation Administration.
Federal Aviation
Administration (FAA), U.S. Department
of Transportation (DOT)
ACTION: Meeting Notice of RTCA Special
Committee 223, Airport Surface
Wireless Communications.
AGENCY:
18 17
• Adjourn–Plenary Meeting
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairman,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Jkt 229001
DATES:
Tuesday, December 4th—Thursday,
December 6th, 2012
• Plenary
• Welcome, Introductions,
Administrative Remarks by Special
Committee Leadership
• Agenda Overview
• Review/Approve prior Plenary
Meeting Summary and Action Item
Status
• General Presentations of Interest
• ICAO WG–S Status
• EUROCAE WG–82 Status
• Detailed MOPS Review
• Establish Agenda, Date and Place for
Next Plenary Meetings
• Review of Meeting Summary Report
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Parts and Accessories Necessary for
Safe Operation; Grant of Exemption for
Transecurity LLC (Transecurity)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant an
exemption to Transecurity LLC
(Transecurity) that will allow the
placement of an onboard safety
monitoring system (OBMS) at the
bottom of windshields on commercial
motor vehicles (CMVs). The Federal
Motor Carrier Safety Regulations
(FMCSRs) currently require antennas,
transponders, and similar devices to be
located not more than 6 inches below
the upper edge of the windshield,
outside the area swept by the
windshield wipers, and outside the
driver’s sight lines to the road and
highway signs and signals. Transecurity
is coordinating the development and
installation of camera-based monitoring
systems in up to 500 CMVs operating
throughout the United States in support
of research being conducted on behalf of
FMCSA. The exemption would enable
motor carriers to participate in a field
operation test to evaluate the system
and allow for on-road data collection.
FMCSA believes that permitting the
OBMS to be mounted lower than
currently allowed, but still outside the
driver’s sight lines to the road and
highway signs and signals, will
maintain a level of safety that is
equivalent to, or greater than, the level
SUMMARY:
E:\FR\FM\28NON1.SGM
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Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Notices
of safety achieved without the
exemption.
DATES: This exemption is effective from
November 28, 2012 until November 28,
2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and
Truck Standards and Operations, MC–
PSV, at (202) 366–0676 or
luke.loy@dot.gov, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
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Background
Section 4007 of the Transportation
Equity Act for the 21st Century (TEA–
21) [Pub. L. 105–178, June 9, 1998, 112
Stat. 107, 401] amended 49 U.S.C. 31315
and 31136(e) to provide authority to
grant exemptions from the FMCSRs. A
rule implementing section 4007 was
published on December 8, 1998 (63 FR
67600). Under this rule, FMCSA must
publish a notice of each exemption
request in the Federal Register (49 FR
381.315(a)). The Agency must provide
the public with an opportunity to
inspect the information relevant to the
application, including any safety
analyses that have been conducted. The
Agency must also provide an
opportunity for public comment on the
request.
Transecurity’s Application for
Exemption
Transecurity applied for an
exemption from 49 CFR 393.60(e)(1) to
allow the installation of camera-based
OBMS in up to 500 CMVs. A copy of the
application is included in the docket
referenced at the beginning of this
notice.
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
(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.
Transecurity has applied for the
exemption because it wants to install
the camera-based OBMS equipment in
up to 500 CMVs operating throughout
the United States in support of research
being conducted on behalf of the
FMCSA Analysis, Research and
Technology Division. Transecurity
contends that it must be able to mount
the camera-based OBMS lower than
VerDate Mar<15>2010
13:52 Nov 27, 2012
Jkt 229001
allowed under 49 CFR 393.60(e)(1)
‘‘because the safety equipment must
have a clear forward facing view of the
road, and low enough to accurately scan
facial features for detection of impaired
driving.’’ Transecurity’s mounting
preference for the camera-based OBMS
and necessary brackets is at the bottom
of the windshield; the best position is
within and/or below three inches of the
bottom of the driver side windshield
wiper sweep, and out of the driver’s
sightlines to the road and highway signs
and signals.
FMCSA Grant of Waiver to
Transecurity
Pursuant to 49 U.S.C. 31315(a) and 49
CFR part 381, subpart B, FMCSA
granted Transecurity a 90-day waiver on
July 23, 2012, to allow the placement of
the OBMS at the bottom of windshields
on CMVs, outside of the area permitted
by 49 CFR 393.60. This waiver was
effective from July 24, 2012, through
October 23, 2012. Up to 500 OBMS were
to be installed on CMVs operated by the
motor carriers listed below:
1. DOT #90792; Eagle Transport
Corporation-Rocky Mount, NC.
2. DOT #252234; Holiday Tours Inc.Randleman, NC.
3. DOT #16377; H&W Trucking Co.
Inc.-Mt. Airy, NC.
4. DOT #348258; Associated GrocersBaton Rouge, LA.
5. DOT #2222676; AM Express Inc.Escanaba, MI.
During the waiver period, these motor
carriers participating in the FMCSA
research field operation test must ensure
that the OBMS is mounted within and/
or below three inches of the bottom of
the driver side windshield wiper sweep,
and out of the driver’s sightlines to the
road and highway signs and signals as
much as practicable.
Comments
On August 23, 2012, FMCSA
published notice of the Transecurity
application and asked for public
comment (77 FR 51104). The Agency
received no comments. While FMCSA
acknowledges that Transecurity did not
present specific studies or data showing
that safety will not be degraded, the
Agency believes that placement of the
OBMS within and/or below three inches
of the bottom of the driver side
windshield wiper sweep (1) will be
outside the drivers’ sight lines, and
therefore (2) will not have an adverse
impact on safety. The FMCSA
encourages any party having
information that motor carriers utilizing
this exemption are not achieving the
requisite level of safety immediately to
notify the Agency. If safety is being
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71029
compromised, or if the continuation of
the exemption is not consistent with 49
U.S.C. 31315(b) and 31136(e), FMCSA
will take immediate steps to revoke the
exemption.
Terms and Conditions for the
Exemption
Based on its evaluation of the
application for an exemption, FMCSA
grants Transecurity’s request. The
Agency believes that the safety
performance of motor carriers during
the 2-year exemption period will likely
achieve 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 OBMS would
obstruct drivers’ views of the roadway,
highway signs and surrounding traffic;
(2) generally, trucks and buses have an
elevated seating position which greatly
improves the forward visual field of the
driver, and any impairment of available
sight lines would be minimal; and (3)
the location within and/or below three
inches of the bottom of the driver side
windshield wiper sweep, and out of the
driver’s sightline is reasonable and
enforceable at roadside. Without the
exemption, FMCSA would be unable to
test this innovative onboard safety
monitoring system. The Agency hereby
grants the exemption for a two-year
period, beginning October 24, 2012 and
ending October 23, 2014.
During the temporary exemption
period, up to 500 OBMS will be
installed on CMVs operated by the
motor carriers listed below:
1. DOT #90792; Eagle Transport
Corporation-Rocky Mount, NC.
2. DOT #252234; Holiday Tours Inc.Randleman, NC.
3. DOT #16377; H&W Trucking Co.
Inc.-Mt. Airy, NC.
4. DOT #348258; Associated GrocersBaton Rouge, LA.
5. DOT#2222676; AM Express Inc.Escanaba, MI.
These motor carriers must ensure that
the OBMS is mounted within and/or
below 3 inches of the bottom of the
driver side windshield wiper sweep,
and out of the driver’s sightlines to the
road and highway signs and signals.
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.
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71030
Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Notices
Issued on: November 21, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012–28823 Filed 11–27–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
Petition To Modify an Exemption of a
Previously Approved Antitheft Device;
Mitsubishi Motors R&D of America
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition to modify an
exemption of a previously approved
antitheft device.
AGENCY:
On February 2, 2009, the
National Highway Traffic Safety
Administration (NHTSA) granted in full
Mitsubishi Motors R&D (Mitsubishi) of
America’s petition for an exemption in
accordance with § 543.9(c)(2) of 49 CFR
part 543, Exemption From the Theft
Prevention Standard for the Mitsubishi
Outlander vehicle line beginning with
its model year (MY) 2011 vehicles. On
August 6, 2012, Mitsubishi submitted a
petition to modify its previously
approved exemption for the Outlander
vehicle line beginning with its model
year (MY) 2014 vehicles. Mitsubishi
also requested confidential treatment of
specific information in its petition. The
agency will address Mitsubishi’s request
for confidential treatment by separate
letter. NHTSA is granting Mitsubishi’s
petition to modify the exemption in full
because it has determined that the
modified device is also likely to be as
effective in reducing and deterring
motor vehicle theft as compliance with
the parts-marking requirements of the
Theft Prevention Standard.
DATES: The modification granted by this
notice is effective beginning with the
2014 model year (MY).
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Mazyck, Office of International
Policy, Fuel Economy and Consumer
Programs, NHTSA, 1200 New Jersey
Avenue SE., Washington, DC 20590. Ms.
Mazyck’s telephone number is (202)
366–4139. Her fax number is (202) 493–
2990.
SUPPLEMENTARY INFORMATION: On
February 2, 2009, NHTSA published in
the Federal Register a notice granting in
full a petition from Mitsubishi for an
exemption from the parts-marking
requirements of the Theft Prevention
Standard (49 CFR 541) for the Outlander
vehicle line beginning with its MY 2011
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SUMMARY:
VerDate Mar<15>2010
13:52 Nov 27, 2012
Jkt 229001
vehicles (see 74 FR 5891, February 2,
2009). The Mitsubishi Outlander is
currently equipped with a passive,
transponder-based, electronic engine
immobilizer device and an audible and
visible alarm.
On August 6, 2012, Mitsubishi
submitted a petition to modify the
previously approved exemption for the
Outlander vehicle line. This notice
grants in full Mitsubishi’s petition to
modify the exemption for the Outlander
vehicle line beginning with its MY 2014
vehicles. Mitsubishi’s submission is a
complete petition, as required by 49
CFR part 543.9(d), in that it meets the
general requirements contained in 49
CFR Part 543.5 and the specific content
requirements of 49 CFR part 543.6.
Mitsubishi’s petition for modification
provides a detailed description and
diagram of the identity, design, and
location of the components of the
antitheft device proposed for
installation beginning with the 2014
model year.
The current antitheft device installed
on the Mitsubishi Outlander included
an electronic key, electronic control unit
(ECU), and a passive immobilizer.
Mitsubishi stated that entry models for
the Outlander vehicle line are equipped
with an immobilizer that functions via
a Wireless Control Module (WCM). The
features of the WCM include a
transponder key, key ring antenna,
Electronic time and alarm control
system (ETACS) ECU, and Engine ECU
and a receiver antenna. Mitsubishi also
incorporated an alarm system as
standard equipment on all trimline
vehicles. Mitsubishi stated that this is a
keyless entry system in which the
transponder is located in a traditional
key and must be inserted into the key
cylinder in order to activate the ignition.
All other models of the Outlander
vehicle line are equipped with an
immobilizer that functions via a Keyless
Operation System (KOS). The KOS
utilizes a keyless system that allows the
driver to push a knob in the steering
lock unit to activate the ignition (instead
of using a traditional key in the key
cylinder) as long as the transponder is
located in close proximity to the driver
inside the vehicle.
Mitsubishi stated that once the
ignition switch is turned to the ‘‘on’’
position, the transceiver module reads
the specific ignition key code for the
vehicle and transmits an encrypted
message containing the key code to the
electronic control unit (ECU). The
immobilizer receives the key code signal
transmitted from either type of key
(WCM or KOS) and verifies that the key
code signal is correct. The immobilizer
then sends a separate encrypted start-
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
code signal to the engine ECU to allow
the driver to start the vehicle. The
power train only will function if the key
code matches the unique identification
key code previously programmed into
the ECU. If the codes do not match, the
power train engine and fuel system will
be disabled. Mitsubishi state that the
only difference between the two keyless
entry systems is the ‘‘key’’ and the
method used to transmit the information
from the key to the immobilizer.
In its 2014 modification, Mitsubishi
stated that it will continue to offer the
WCM as standard equipment for the
entry models for the Outlander vehicle
line but all models other than the entry
models will be equipped with a Onetouch Starting System (OSS). The
features of the OSS are the Engine ECU,
ETACS ECU, OSS ECU, KOS ECU,
engine (power) switch, keyless
Operation Key (transponder key) and LF
antenna. The OSS utilizes a keyless
system that allows the driver to press a
button located on the instrument panel
to activate and deactivate the ignition
(instead of using a traditional key in the
key cylinder) as long as the transponder
is located in close proximity to the
driver. Mitsubishi stated that it will also
introduce another model into the
Outlander vehicle line beginning with
its MY 2014 vehicle.
Once the ignition switch is pushed to
the ‘‘on’’ position, the transceiver
module reads the specific ignition key
code for the vehicle and transmits an
encrypted message containing the key
code to the electronic control unit (ECU)
which verifies that the key is correct.
The immobilizer then sends a separate
encrypted start-code signal to the engine
ECU to allow the driver to start the
vehicle. The engine will only function
if the key code matches the unique
identification key code previously
programmed into the ECU. If the codes
do not match, the engine and fuel
system will be disabled. Mitsubishi
further stated that the OSS has 250
million possible codes, making
successful key code duplication nearly
impossible. Mitsubishi stated that the
immobilizer device and the ECU share
security data when first installed during
vehicle assembly, making them a
matched set. These matched modules
will not function if taken out and
reinstalled separately on other vehicles.
Mitsubishi also stated that the device is
extremely reliable and durable because
there are no moving parts, the key does
not require a separate battery and it is
impossible to mechanically override the
device and start the vehicle.
Mitsubishi stated that the Mitsubishi
Outlander has been equipped with the
immobilizer device since MY 2007.
E:\FR\FM\28NON1.SGM
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Agencies
[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Notices]
[Pages 71028-71030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28823]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0165]
Parts and Accessories Necessary for Safe Operation; Grant of
Exemption for Transecurity LLC (Transecurity)
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 Transecurity LLC
(Transecurity) that will allow the placement of an onboard safety
monitoring system (OBMS) at the bottom of windshields on commercial
motor vehicles (CMVs). The Federal Motor Carrier Safety Regulations
(FMCSRs) currently require antennas, transponders, and similar devices
to be located not more than 6 inches below the upper edge of the
windshield, outside the area swept by the windshield wipers, and
outside the driver's sight lines to the road and highway signs and
signals. Transecurity is coordinating the development and installation
of camera-based monitoring systems in up to 500 CMVs operating
throughout the United States in support of research being conducted on
behalf of FMCSA. The exemption would enable motor carriers to
participate in a field operation test to evaluate the system and allow
for on-road data collection. FMCSA believes that permitting the OBMS to
be mounted lower than currently allowed, but still outside the driver's
sight lines to the road and highway signs and signals, will maintain a
level of safety that is equivalent to, or greater than, the level
[[Page 71029]]
of safety achieved without the exemption.
DATES: This exemption is effective from November 28, 2012 until
November 28, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, at (202) 366-0676 or luke.loy@dot.gov, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401] amended
49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions
from the FMCSRs. A rule implementing section 4007 was published on
December 8, 1998 (63 FR 67600). Under this rule, FMCSA must publish a
notice of each exemption request in the Federal Register (49 FR
381.315(a)). The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
Transecurity's Application for Exemption
Transecurity applied for an exemption from 49 CFR 393.60(e)(1) to
allow the installation of camera-based OBMS in up to 500 CMVs. A copy
of the application is included in the docket referenced at the
beginning of this notice.
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 (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.
Transecurity has applied for the exemption because it wants to
install the camera-based OBMS equipment in up to 500 CMVs operating
throughout the United States in support of research being conducted on
behalf of the FMCSA Analysis, Research and Technology Division.
Transecurity contends that it must be able to mount the camera-based
OBMS lower than allowed under 49 CFR 393.60(e)(1) ``because the safety
equipment must have a clear forward facing view of the road, and low
enough to accurately scan facial features for detection of impaired
driving.'' Transecurity's mounting preference for the camera-based OBMS
and necessary brackets is at the bottom of the windshield; the best
position is within and/or below three inches of the bottom of the
driver side windshield wiper sweep, and out of the driver's sightlines
to the road and highway signs and signals.
FMCSA Grant of Waiver to Transecurity
Pursuant to 49 U.S.C. 31315(a) and 49 CFR part 381, subpart B,
FMCSA granted Transecurity a 90-day waiver on July 23, 2012, to allow
the placement of the OBMS at the bottom of windshields on CMVs, outside
of the area permitted by 49 CFR 393.60. This waiver was effective from
July 24, 2012, through October 23, 2012. Up to 500 OBMS were to be
installed on CMVs operated by the motor carriers listed below:
1. DOT 90792; Eagle Transport Corporation-Rocky Mount, NC.
2. DOT 252234; Holiday Tours Inc.-Randleman, NC.
3. DOT 16377; H&W Trucking Co. Inc.-Mt. Airy, NC.
4. DOT 348258; Associated Grocers-Baton Rouge, LA.
5. DOT 2222676; AM Express Inc.-Escanaba, MI.
During the waiver period, these motor carriers participating in the
FMCSA research field operation test must ensure that the OBMS is
mounted within and/or below three inches of the bottom of the driver
side windshield wiper sweep, and out of the driver's sightlines to the
road and highway signs and signals as much as practicable.
Comments
On August 23, 2012, FMCSA published notice of the Transecurity
application and asked for public comment (77 FR 51104). The Agency
received no comments. While FMCSA acknowledges that Transecurity did
not present specific studies or data showing that safety will not be
degraded, the Agency believes that placement of the OBMS within and/or
below three inches of the bottom of the driver side windshield wiper
sweep (1) will be outside the drivers' sight lines, and therefore (2)
will not have an adverse impact on safety. The FMCSA encourages any
party having information that motor carriers utilizing this exemption
are not achieving the requisite level of safety immediately to notify
the Agency. If safety is being compromised, or if the continuation of
the exemption is not consistent with 49 U.S.C. 31315(b) and 31136(e),
FMCSA will take immediate steps to revoke the exemption.
Terms and Conditions for the Exemption
Based on its evaluation of the application for an exemption, FMCSA
grants Transecurity's request. The Agency believes that the safety
performance of motor carriers during the 2-year exemption period will
likely achieve 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 OBMS would obstruct drivers' views of the roadway, highway
signs and surrounding traffic; (2) generally, trucks and buses have an
elevated seating position which greatly improves the forward visual
field of the driver, and any impairment of available sight lines would
be minimal; and (3) the location within and/or below three inches of
the bottom of the driver side windshield wiper sweep, and out of the
driver's sightline is reasonable and enforceable at roadside. Without
the exemption, FMCSA would be unable to test this innovative onboard
safety monitoring system. The Agency hereby grants the exemption for a
two-year period, beginning October 24, 2012 and ending October 23,
2014.
During the temporary exemption period, up to 500 OBMS will be
installed on CMVs operated by the motor carriers listed below:
1. DOT 90792; Eagle Transport Corporation-Rocky Mount, NC.
2. DOT 252234; Holiday Tours Inc.-Randleman, NC.
3. DOT 16377; H&W Trucking Co. Inc.-Mt. Airy, NC.
4. DOT 348258; Associated Grocers-Baton Rouge, LA.
5. DOT2222676; AM Express Inc.-Escanaba, MI.
These motor carriers must ensure that the OBMS is mounted within
and/or below 3 inches of the bottom of the driver side windshield wiper
sweep, and out of the driver's sightlines to the road and highway signs
and signals.
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.
[[Page 71030]]
Issued on: November 21, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-28823 Filed 11-27-12; 8:45 am]
BILLING CODE 4910-EX-P