Parts and Accessories Necessary for Safe Operation; Renewal of Exemption for Con-Way Freight, TK Holdings, Inc., and Bendix, 70396-70398 [2013-28205]

Download as PDF 70396 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Notices DOT to purchase the vehicles so long as the final assembly of the vehicle as the end product occurs in the United States is appropriate. This approach is similar to the conditional waivers given to Alameda County, San Francisco County, and Merced County, CA, for vehicle purchases on November 21, 2011 (76 FR 72027 and 76 FR 72028) and March 30, 2012 (77 FR 19410) as well as one provided for a group of similar purchases in multiple States on June 17, 2013 (78 FR 36296). In conclusion, and in light of the above, pursuant to 23 U.S.C. 313(b)(1), the FHWA finds that it is in the public interest to grant a partial waiver from the general 100 percent domestic content requirement that applies to Federal-aid highway projects under Buy America. Under this partial waiver, however, the final assembly of any vehicles purchased with CMAQ funds must occur in the United States. Thus, so long as the final assembly of the light, medium, and heavy duty plug-in battery electric and compressed natural gas vehicles occurs in the United States, Chicago DOT may proceed to purchase these vehicles consistent with the Buy America requirement. In accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the link provided to the Chicago DOT waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410). Issued on: November 18, 2013. Victor M. Mendez, Administrator. [FR Doc. 2013–28186 Filed 11–22–13; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration sroberts on DSK5SPTVN1PROD with NOTICES [Docket No. FMCSA–2010–0166] Parts and Accessories Necessary for Safe Operation; Renewal of Exemption for Con-Way Freight, TK Holdings, Inc., and Bendix Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: VerDate Mar<15>2010 17:53 Nov 22, 2013 Jkt 232001 The Federal Motor Carrier Safety Administration (FMCSA) renews an exemption which enables motor carriers 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 Agency has concluded that granting this renewed exemption will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. However, the Agency requests comments on this issue, especially from anyone who believes this standard will not be maintained. DATES: This decision is effective November 18, 2013. Comments must be received on or before December 26, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) number FMCSA-by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. • Hand Delivery: Ground Floor, Room W12–140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ‘‘Public Participation’’ heading below. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the ‘‘Privacy Act’’ heading for further information. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or to Room W12– 140, DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement SUMMARY: PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 page that appears after submitting comments on-line. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement for the FDMS published in the Federal Register published on December 29, 2010 (73 FR 82132) or you may visit https://edocket/access.gpo.gov/ 2008/pdf/E8-785.pdf. 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 stated that over the last several years, truck manufacturers have increased the windshield area to maximize driver visibility. As a result, manufacturers E:\FR\FM\25NON1.SGM 25NON1 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Notices sroberts on DSK5SPTVN1PROD with NOTICES have installed larger windshield wipers that increase the swept area beyond the minimum required by Federal Motor Vehicle Safety Standard (FMVSS) No. 104, ‘‘Windshield Wiping and Washing Systems.’’ FMVSS No. 104 establishes minimum windshield wiper standards to be used by manufacturers of passenger cars, multi-purpose passenger vehicles, trucks, and buses. Con-way, Takata, and Iteris provided diagrams and photos showing the dimensions of their 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 during 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 would be unable to (1) implement the lane departure warning system, and (2) realize the potential safety benefits that could be expected with the utilization of this technology, as estimated in the FMCSA report described above. 2011 Notice of Final Disposition On November 18, 2011 (76 FR 71619), FMCSA published a notice of final disposition granting the Con-way, Takata, and Iteris exemption applications. FMCSA determined 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 would provide a level of safety that is equivalent to, or greater than the level of safety achieved without the VerDate Mar<15>2010 17:53 Nov 22, 2013 Jkt 232001 exemption because (1) based on the technical information available, there was 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 would be reasonable and enforceable at roadside. In addition, the Agency believed that the use of lane departure warning systems by fleets would be likely to improve the overall level of safety to the motoring public. Bendix’s Request for the Renewal of the Exemption In 2011, Iteris, Inc. completed the sale of its vehicle sensors business to Bendix, which is continuing to sell the Iteris-developed lane departure warning systems. Bendix is seeking renewal of the 2011 exemption. FMCSA Decision The Agency believes that granting the exemption renewal to continue allowing 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. The Agency is unaware of any incidents wherein a crash involving vehicles equipped with these lane departure warning systems could be attributed to the minimal visual intrusion of the devices into the drivers’ field of vision. 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. While the November 2011 exemption granted relief to motor carriers using only the Takata and Iteris lane departure PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 70397 warning systems, the Agency has determined—given it is unaware of any reduction in the level of safety associated with the use of those systems—that it is appropriate to extend the scope of this exemption at this time to encompass motor carriers using any lane departure warning system, provided that the sensor that is mounted in the vehicle windshield (1) is the same size (2 inches by 3.5 inches) or smaller than the Takata and Bendix sensors, and (2) mounted in the windshield in accordance with the provisions of the original exemption, and as restated below. If, however, a motor carrier wishes to utilize a lane departure warning system using sensors larger than those identified above, a new exemption application will need to be submitted to FMCSA in accordance with the requirements of 49 CFR 381.300. Terms and Conditions for the Exemption The Agency hereby grants the exemptions for a two-year period, beginning November 25, 2013 and ending November 25, 2015. During the temporary exemption period, motor carriers using lane departure warning systems with sensors measuring 2 inches by 3.5 inches or smaller 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 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 CMVs operated by motor carriers using lane departure warning systems 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 exemption. Preemption During the period the exemption is in effect, no State shall enforce any law or E:\FR\FM\25NON1.SGM 25NON1 70398 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Notices regulation that conflicts with or is inconsistent with this exemption with respect to a person operating under the exemption. Issued on: November 18, 2013. William Bronrott, Deputy Administrator. [FR Doc. 2013–28205 Filed 11–22–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2013–0002–N–22] Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collections of information was published on September 16, 2013 (78 FR 56995). DATES: Comments must be submitted on or before December 26, 2013. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 493–6292), or Ms. Kimberly Toone, Office of Information Technology, RAD– 20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6132). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On September 16, 2013, FRA published a 60-day notice in sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:53 Nov 22, 2013 Jkt 232001 the Federal Register soliciting comment on ICRs that the agency was seeking OMB approval. 78 FR 56995. FRA received no comments in response to the information collection request (ICR) described in this notice. Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507(b)–(c); 5 CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); see also 60 FR 44983, Aug. 29, 1995. The summary below describes the nature of the information collection request (ICR) and the expected burden. The revised request is being submitted for clearance by OMB as required by the PRA. Title: Confidential Close Call Reporting System Evaluation-Related Interview Data Collection. OMB Control Number: 2130–0574. Type of Request: Extension with change of a currently approved collection. Abstract: In the U.S. railroad industry, injury rates have been declining over the last 25 years. Indeed, the industry incident rate fell from a high of 12.1 incidents per 100 workers per year in 1978 to 3.66 in 1996. As the number of incidents has decreased, the mix of causes has also changed toward a higher proportion of incidents that can be attributed to human and organizational factors. This combination of trends— decrease in overall rates but increasing proportion of human factors-related incidents—has left safety managers with a need to shift tactics in reducing injuries to even lower rates than they are now. In recognition of the need for new approaches to improving safety, FRA has instituted the Confidential Close Call Reporting System (C3RS). The operating assumption behind C3RS is that by assuring confidentiality, employees will report events which, if dealt with, will decrease the likelihood of accidents. C3RS, therefore, has both a confidential reporting component, and a problem analysis/solution component. PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 C3RS is expected to affect safety in two ways. First, it will lead to problem solving concerning specific safety conditions. Second, it will engender an organizational culture and climate that supports greater awareness of safety and a greater cooperative willingness to improve safety. If C3RS works as intended, it could have an important impact on improving safety and safety culture in the railroad industry. While C3RS has been developed and implemented with the participation of FRA, railroad labor, and railroad management, there are legitimate questions about whether it is being implemented in the most beneficial way, and whether it will have its intended effect. Further, even if C3RS is successful, it will be necessary to know if it is successful enough to implement on a wide scale. To address these important questions, FRA is implementing a formative evaluation to guide program development, a summative evaluation to assess impact, and a sustainability evaluation to determine how C3RS can continue after the test period is over. The evaluation is needed to provide FRA with guidance as to how it can improve the program, and how it might be scaled up throughout the railroad industry. Program evaluation is an inherently data driven activity. Its basic tenet is that as change is implemented, data can be collected to track the course and consequences of the change. Because of the setting in which C3RS is being implemented, that data must come from the railroad employees (labor and management) who may be affected. Critical data include beliefs about safety and issues related to safety, and opinions/observations about the operation of C3RS. The current study is a five-year demonstration project to improve rail safety, and is designed to identify safety issues and propose corrective action based on voluntary reports of close calls submitted to the Bureau of Transportation Statistics. Because of the innovative nature of this program, FRA is implementing an evaluation to determine whether the program is succeeding, how it can be improved and, if successful, what is needed to spread the program throughout the railroad industry. Interviews to evaluate the close call reporting system are being conducted with two groups: (1) Key stakeholders to the process (e.g., FRA officials, industry labor, and carrier management within participating railroads); and (2) Employees in participating railroads who are eligible to submit close call reports to the Confidential Close Call Reporting E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70396-70398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28205]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0166]


Parts and Accessories Necessary for Safe Operation; Renewal of 
Exemption for Con-Way Freight, TK Holdings, Inc., and Bendix

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) renews 
an exemption which enables motor carriers 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 Agency has concluded that granting this renewed exemption will 
maintain a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption. However, the Agency 
requests comments on this issue, especially from anyone who believes 
this standard will not be maintained.

DATES: This decision is effective November 18, 2013. Comments must be 
received on or before December 26, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or to Room W12-140, 
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Federal 
Docket Management System (FDMS) is available 24 hours each day, 365 
days each year. If you want acknowledgement that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement for the FDMS published in the Federal 
Register published on December 29, 2010 (73 FR 82132) or you may visit 
https://edocket/access.gpo.gov/2008/pdf/E8-785.pdf.

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 stated that over the last several 
years, truck manufacturers have increased the windshield area to 
maximize driver visibility. As a result, manufacturers

[[Page 70397]]

have installed larger windshield wipers that increase the swept area 
beyond the minimum required by Federal Motor Vehicle Safety Standard 
(FMVSS) No. 104, ``Windshield Wiping and Washing Systems.'' FMVSS No. 
104 establishes minimum windshield wiper standards to be used by 
manufacturers of passenger cars, multi-purpose passenger vehicles, 
trucks, and buses.
    Con-way, Takata, and Iteris provided diagrams and photos showing 
the dimensions of their 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 during 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 would 
be unable to (1) implement the lane departure warning system, and (2) 
realize the potential safety benefits that could be expected with the 
utilization of this technology, as estimated in the FMCSA report 
described above.

2011 Notice of Final Disposition

    On November 18, 2011 (76 FR 71619), FMCSA published a notice of 
final disposition granting the Con-way, Takata, and Iteris exemption 
applications. FMCSA determined 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 would 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 was 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 would be 
reasonable and enforceable at roadside. In addition, the Agency 
believed that the use of lane departure warning systems by fleets would 
be likely to improve the overall level of safety to the motoring 
public.

Bendix's Request for the Renewal of the Exemption

    In 2011, Iteris, Inc. completed the sale of its vehicle sensors 
business to Bendix, which is continuing to sell the Iteris-developed 
lane departure warning systems. Bendix is seeking renewal of the 2011 
exemption.

FMCSA Decision

    The Agency believes that granting the exemption renewal to continue 
allowing 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. The Agency is unaware of any 
incidents wherein a crash involving vehicles equipped with these lane 
departure warning systems could be attributed to the minimal visual 
intrusion of the devices into the drivers' field of vision. 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.
    While the November 2011 exemption granted relief to motor carriers 
using only the Takata and Iteris lane departure warning systems, the 
Agency has determined--given it is unaware of any reduction in the 
level of safety associated with the use of those systems--that it is 
appropriate to extend the scope of this exemption at this time to 
encompass motor carriers using any lane departure warning system, 
provided that the sensor that is mounted in the vehicle windshield (1) 
is the same size (2 inches by 3.5 inches) or smaller than the Takata 
and Bendix sensors, and (2) mounted in the windshield in accordance 
with the provisions of the original exemption, and as restated below. 
If, however, a motor carrier wishes to utilize a lane departure warning 
system using sensors larger than those identified above, a new 
exemption application will need to be submitted to FMCSA in accordance 
with the requirements of 49 CFR 381.300.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemptions for a two-year period, 
beginning November 25, 2013 and ending November 25, 2015. During the 
temporary exemption period, motor carriers using lane departure warning 
systems with sensors measuring 2 inches by 3.5 inches or smaller 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 
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 CMVs operated by motor carriers using lane departure warning 
systems 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 exemption.

Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or

[[Page 70398]]

regulation that conflicts with or is inconsistent with this exemption 
with respect to a person operating under the exemption.

    Issued on: November 18, 2013.
William Bronrott,
Deputy Administrator.
[FR Doc. 2013-28205 Filed 11-22-13; 8:45 am]
BILLING CODE 4910-EX-P
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