Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Bendix Commercial Vehicles Systems LLC, 76061-76062 [2015-30800]

Download as PDF Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices this exemption with respect to a firm or person operating under the exemption. Issued on: November 25, 2015. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2015–30804 Filed 12–4–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0166] Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Bendix Commercial Vehicles Systems LLC Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: FMCSA renews an exemption that enables motor carriers to mount lane departure warning system cameras and collision mitigation system cameras 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 exemption renewal 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. SUMMARY: This decision is effective November 18, 2015. Comments must be received on or before January 6, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) number FMCSA–2010– 0166 by any of the following methods: • Federal eRulemaking Portal: Go to http://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 mstockstill on DSK4VPTVN1PROD with NOTICES DATES: VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 exemption process, see the ‘‘Public Participation’’ heading below. Note that all comments received will be posted without change to http:// 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 http:// 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 page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. Public participation: The http:// www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You may find electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the http://www.regulations.gov Web site as well as the DOT’s http:// docketsinfo.dot.gov Web site. If you would like notification that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments online. 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. 31136(e) and 31315(b)(1), FMCSA may renew an exemption from the Federal Motor Carrier Safety Regulations 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 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 76061 level that would be achieved absent such exemption’’ (49 CFR 381.305(a)). Basis for Renewing Exemption On November 18, 2011 (76 FR 71619), FMCSA published a notice of final disposition granting exemption applications from Con-way, Takata, and Iteris to allow the placement of lane departure warning system sensors lower in the windshield than is currently permitted by the Agency’s regulations. In 2011, Iteris completed the sale of its vehicle sensors business to Bendix Commercial Vehicles Systems LLC (Bendix), which continued to sell the Iteris-developed lane departure warning systems. In May 2013, Bendix applied for a renewal of the November 2011 exemption. On November 25, 2013, FMCSA published a notice renewing this exemption until November 18, 2015 (78 FR 70396). While the November 2011 exemption granted relief to motor carriers using only the Takata and Iteris lane departure warning systems, the November 2013 exemption renewal extended the scope of the exemption to encompass motor carriers using any lane departure warning system provided that the sensor that is mounted in the windshield is (1) the same size or smaller than the Takata and Bendix sensors, and (2) mounted in the windshield in accordance with the provisions of the original exemption. Bendix is seeking renewal of the 2013 exemption, and requests that the scope of the exemption be extended to include its comparably-sized camera-based collision mitigation system. The FMCSA has determined preliminarily that it is appropriate to renew the exemption for another twoyear period pending a review of public comments in response to the application. 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 E:\FR\FM\07DEN1.SGM 07DEN1 76062 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 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—and collision mitigation systems—by fleets is likely to improve the overall level of safety to the motoring public. Terms and Conditions for the Exemption The Agency hereby grants the exemption for a two-year period, ending November 17, 2017. During the temporary exemption period, motor carriers using lane departure warning systems and collision mitigation 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). mstockstill on DSK4VPTVN1PROD with NOTICES Request for Comments Interested parties possessing information that would demonstrate that CMVs operated by motor carriers using lane departure warning systems or collision mitigation 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 In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. New Jersey Avenue SE., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: Issued on: November 30, 2015. T.F. Scott Darling, III, Acting Administrator. Background Section 4007 of the Transportation Equity Act for the 21st Century (TEA– 21) [Pub. L. 105–178, June 9, 1998, 112 Stat. 401] amended 49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from the FMCSRs. On August 20, 2004, FMCSA published a final rule (69 FR 51589) implementing section 4007. Under this rule, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 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. The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). [FR Doc. 2015–30800 Filed 12–4–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0113] Parts and Accessories Necessary for Safe Operation; Denial of an Exemption Application From the Entertainer Motorcoach Council Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Denial of exemption application. AGENCY: FMCSA denies an exemption application from the Entertainer Motorcoach Council (EMC) to allow its members to operate certain vehicles that do not meet the emergency exit requirements in the Federal Motor Carrier Safety Regulations (FMCSR). The FMCSRs require buses with a gross vehicle weight rating (GVWR) of more than 10,000 pounds, manufactured on or after September 1, 1994, to meet the emergency exit requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, ‘‘Bus Emergency exits and window retention and release,’’ in effect on the date of manufacture. FMVSS No. 217 requires side exits and at least one rear exit, but when the bus configuration precludes installation of an accessible rear exit, a roof exit is required in the rear half of the bus to provide a means of egress when the bus is overturned on either side. While EMC contends that ‘‘Entertainer Coaches’’ that do not have a rear or roof exit have emergency exit windows that open manually at the rear sides of the vehicle that provide openings large enough to admit unobstructed passage, it did not provide evidence to enable the Agency to conclude that motor carriers operating such vehicles could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation. 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 SUMMARY: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 EMC Application for Exemption EMC applied for an exemption from 49 CFR 393.62(a) to allow motor carriers to operate certain ‘‘Entertainer Coaches’’ that do not comply with the regulation’s emergency exit requirements. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.62(a) of the FMCSRs requires buses with a GVWR of more than 10,000 pounds, manufactured on or after September 1, 1994, to meet the emergency exit requirements of FMVSS No. 217 in effect on the date of manufacture. FMVSS No. 217 requires all buses (other than school buses) to provide unobstructed openings for emergency exit which collectively amount, in total square centimeters, to at least 432 times the number of designated seating positions on the bus. E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76061-76062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30800]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0166]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for Bendix Commercial Vehicles Systems LLC

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

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

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

SUMMARY: FMCSA renews an exemption that enables motor carriers to mount 
lane departure warning system cameras and collision mitigation system 
cameras 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 exemption renewal 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, 2015. Comments must be 
received on or before January 6, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2010-0166 by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://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 http://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 http://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: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site as well as 
the DOT's http://docketsinfo.dot.gov Web site. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

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. 31136(e) and 31315(b)(1), FMCSA may renew an 
exemption from the Federal Motor Carrier Safety Regulations 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 that would 
be achieved absent such exemption'' (49 CFR 381.305(a)).

Basis for Renewing Exemption

    On November 18, 2011 (76 FR 71619), FMCSA published a notice of 
final disposition granting exemption applications from Con-way, Takata, 
and Iteris to allow the placement of lane departure warning system 
sensors lower in the windshield than is currently permitted by the 
Agency's regulations. In 2011, Iteris completed the sale of its vehicle 
sensors business to Bendix Commercial Vehicles Systems LLC (Bendix), 
which continued to sell the Iteris-developed lane departure warning 
systems. In May 2013, Bendix applied for a renewal of the November 2011 
exemption. On November 25, 2013, FMCSA published a notice renewing this 
exemption until November 18, 2015 (78 FR 70396). While the November 
2011 exemption granted relief to motor carriers using only the Takata 
and Iteris lane departure warning systems, the November 2013 exemption 
renewal extended the scope of the exemption to encompass motor carriers 
using any lane departure warning system provided that the sensor that 
is mounted in the windshield is (1) the same size or smaller than the 
Takata and Bendix sensors, and (2) mounted in the windshield in 
accordance with the provisions of the original exemption. Bendix is 
seeking renewal of the 2013 exemption, and requests that the scope of 
the exemption be extended to include its comparably-sized camera-based 
collision mitigation system.
    The FMCSA has determined preliminarily that it is appropriate to 
renew the exemption for another two-year period pending a review of 
public comments in response to the application. 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

[[Page 76062]]

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--and collision mitigation systems--by fleets is likely 
to improve the overall level of safety to the motoring public.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a two-year period, 
ending November 17, 2017. During the temporary exemption period, motor 
carriers using lane departure warning systems and collision mitigation 
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).

Request for Comments

    Interested parties possessing information that would demonstrate 
that CMVs operated by motor carriers using lane departure warning 
systems or collision mitigation 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

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

    Issued on: November 30, 2015.
 T.F. Scott Darling, III,
 Acting Administrator.
[FR Doc. 2015-30800 Filed 12-4-15; 8:45 am]
 BILLING CODE 4910-EX-P