Parts and Accessories Necessary for Safe Operation; Hino Motors Manufacturing U.S.A., Inc., 36182-36184 [2017-16339]

Download as PDF 36182 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices avoid collection of third-party information. Edward Ramotowski, Deputy Assistant Secretary, Bureau of Consular Affairs, Department of State. [FR Doc. 2017–16343 Filed 8–2–17; 8:45 am] BILLING CODE 4710–06–P SURFACE TRANSPORTATION BOARD [Docket No. AB 290 (Sub–No. 388X)] Norfolk Southern Railway Company— Abandonment Exemption—in Atlanta, Ga. mstockstill on DSK30JT082PROD with NOTICES Norfolk Southern Railway Company (NSR) has filed a verified notice of exemption 1 under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon approximately 1.0 mile of rail line between milepost DF 632.10 and milepost DF 633.10 in Atlanta, Ga. (the Line).2 The Line traverses United States Postal Service Zip Codes 30324 and 30309. NSR has certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years and overhead traffic, if there were any, could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. 1 NSR initially filed its verified notice on March 27, 2017. After submitting the filing, NSR discovered that its combined Environmental and Historic Reports (E&HR) contained an incorrect milepost designation which, when changed, impacted the E&HR. At the request of NSR, the proceeding was held in abeyance by a decision served on April 5, 2017. NSR now has corrected and reissued its E&HR. NSR filed its revised verified notice on July 14, 2017, which therefore is the official filing date. 2 NSR states that the Line includes the portion of NSR’s right-of-way that the Board found not to have been abandoned in Atlanta Development Authority—Verified Petition for a Declaratory Order, FD 35991, slip op. at 9 (STB served Dec. 15, 2016), reconsideration denied, FD 35591 (STB served May 26, 1017). NSR states that it plans to convey the easement and wye right-of-way to Atlanta BeltLine, Inc. for urban development and to improve the City’s infrastructure upon consummation of the proposed abandonment. VerDate Sep<11>2014 16:35 Aug 02, 2017 Jkt 241001 As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on September 2, 2017, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,3 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),4 and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by August 11, 2017. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 23, 2017, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Ave. NW., Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. NSR has filed a combined environmental and historic report that addresses the effects, if any, of the abandonment on the environment and historic resources. OEA will issue an environmental assessment (EA) by August 8, 2017. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service at (800) 877–8339. Comments on environmental and historic preservation 3 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 4 Each OFA must be accompanied by the filing fee, which is currently set at $1,700. See 49 CFR 1002.2(f)(25). Effective September 1, 2017, the filing fee will be $1,800. See Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2017 Update, EP 542 (Sub-No. 25) (STB served July 28, 2017). PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by NSR’s filing of a notice of consummation by August 3, 2018, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at ‘‘WWW.STB.GOV.’’ Decided: July 31, 2017. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Marline Simeon, Clearance Clerk. [FR Doc. 2017–16356 Filed 8–2–17; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0239] Parts and Accessories Necessary for Safe Operation; Hino Motors Manufacturing U.S.A., 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 Hino Motors Manufacturing U.S.A., Inc.’s (Hino) application for a limited 5-year exemption allowing motor carriers operating commercial motor vehicles (CMVs) manufactured by the company to use an Automated Emergency Braking (AEB) system and a Lane Departure Warning (LDW) system camera mounted in the windshield area at a height lower than currently allowed. The Agency has determined that lower placement of the AEB/LDW system camera would not have an adverse impact on safety and that adherence to the terms and conditions of the exemption would achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. DATES: This exemption is effective August 3, 2017 and ending August 3, 2022. SUMMARY: E:\FR\FM\03AUN1.SGM 03AUN1 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices Mrs. Amina Fisher, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC–PSV, (202) 366–2782, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The online Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: mstockstill on DSK30JT082PROD with NOTICES Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public 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 safety analyses and public comments submitted, 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)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Hino’s Application for Exemption Hino applied for an exemption from 49 CFR 393.60(e)(1) to allow an AEB/ LDW system camera to be mounted lower in the windshield than is currently permitted by the Agency’s regulations in order to utilize a mounting location that allows the system camera to function correctly. A VerDate Sep<11>2014 16:35 Aug 02, 2017 Jkt 241001 copy of the application is included in the docket referenced at the beginning of this notice. Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of the driver’s field of view by devices mounted on the interior of the windshield. Antennas and similar devices must not be mounted more than 152 mm (6 inches) below the upper edge of the windshield, and outside the driver’s sight lines to the road and highway signs and signals. However, § 393.60(e)(1)(i) does not apply to vehicle safety technologies, as defined in § 390.5 as including ‘‘a fleetrelated incident management system, performance or behavior management system, speed management system, forward collision warning or mitigations system, active cruise control system, and transponder.’’ Section 393.60(e)(1)(ii) requires devices with safety technologies to be mounted (1) not more than 100 mm (4 inches) below the upper edge of the area swept by the windshield wipers; or (2) not more than 175 mm (7 inches) above the lower edge of the area swept by the windshield wipers; and (3) outside the driver’s sight lines to the road and highway signs and signals. Hino’s application stated: Hino is making this request so that it becomes possible to introduce an Automated Emergency Braking (AEB) system and a Lane Departure Warning (LDW) system as optional equipment on some Hino commercial motor vehicles. This system, like many other similar systems which FMCSA has granted exemptions for, requires that a camera be mounted to the upper center area of the windshield in an area where the windshield in an area where the windshield is swept by the windshield wipers to provide a clear view to the lane markings on the road. In the Hino installation, the camera housing supplied by Meritor Wabco is approximately 4.67 inches wide by 4.30 inches tall. We propose to mount the camera such that is in the approximate center of the windshield and such that the bottom edge of the camera is approximately 7 inches below the upper edge of the windshield, outside of the driver’s and passenger’s normal sight lines to all mirrors, highway signs, signals and view of the road ahead. This location will allow for the optimal functionality of the advanced safety systems supported by the camera. Without the proposed exemption, Hino stated that it will not be able to deploy the AEB/LDW system camera in vehicle models because (1) its ‘‘customers will be fined for violating the current regulation,’’ and (2) ‘‘the camera will not perform adequately to provide the safety benefit intended by the systems.’’ The exemption would apply to all Hino CMVs with the AEB/LDW system camera installed. Hino believes that PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 36183 mounting the AEB/LDW system camera within 7 inches below the upper edge of the windshield will allow it to function properly while maintaining an adequate field of view for the driver. Comments FMCSA published a notice of the application in the Federal Register on January 19, 2017, and asked for public comment (82 FR 6689). The Agency received one comment from Mr. Ken Tirone, supporting the exemption application. FMCSA Decision The FMCSA has evaluated the Hino exemption application. The Hino AEB/ LDW system camera is mounted approximately 7 inches below the top of the windshield, and approximately 5.4 inches below the top of the area swept by the windshield wipers. Although the AEB/LDW system camera is approximately 4.3 inches tall, and mounted about 1 inch below the top of the area swept by the windshield wipers, the manner in which the camera system is installed on the windshield precludes it from being mounted (1) higher in the windshield and (2) within 4 inches from the top of the area swept by the windshield wipers in order to comply with § 393.60(e)(1)(ii)(A). The Agency believes that granting the temporary exemption to allow the placement of the AEB/LDW system camera lower than 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 AEB/LDW system camera 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 mounting location 5.4 inches below the top of the area swept by the windshield wipers (and 7 inches below the upper edge of the windshield) and out of the driver’s normal sightline will be reasonable and enforceable at roadside. In addition, the Agency believes that the use of AEB/LDW system cameras by fleets is likely to improve the overall level of safety to the motoring public. This action is consistent with previous Agency action permitting the placement of similarly-sized devices on CMVs outside the driver’s sight lines to the road and highway signs and signals. FMCSA is not aware of any evidence E:\FR\FM\03AUN1.SGM 03AUN1 36184 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices showing that the installation of other vehicle safety technologies mounted on the interior of the windshield has resulted in any degradation in safety. DEPARTMENT OF TRANSPORTATION Terms and Conditions for the Exemption [Docket No. NHTSA–2017–0060] The Agency hereby grants the exemption for a 5-year period, beginning August 3, 2017 and ending August 3, 2022. During the temporary exemption period, motor carriers will be allowed to operate CMVs manufactured by Hino equipped with AEB/LDW system cameras mounted in the approximate center of the windshield such that the bottom edge of the camera is not more than 7 inches below the upper edge of the windshield and outside the driver’s sight lines to all mirrors, highway signs, signals, and view of the road ahead. The exemption will be valid for 5 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 motor carriers operating Hino CMVs equipped with the AEB/LDW system camera 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. mstockstill on DSK30JT082PROD with NOTICES Preemption In accordance with 49 U.S.C. 31315(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: July 26, 2017. Daphne Jefferson, Deputy Administrator. [FR Doc. 2017–16339 Filed 8–2–17; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 16:35 Aug 02, 2017 Jkt 241001 National Highway Traffic Safety Administration Decision That Certain Nonconforming Motor Vehicles Are Eligible for Importation National Highway Traffic Safety Administration. ACTION: Grant of petitions. AGENCY: This document announces decisions by NHTSA that certain motor vehicles not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) are eligible for importation into the United States because they are substantially similar to vehicles originally manufactured for sale in the United States and certified by their manufacturers as complying with the safety standards, and they are capable of being readily altered to conform to the standards or because they have safety features that comply with, or are capable of being altered to comply with, all applicable FMVSS. DATES: These decisions became effective on the dates specified in Annex A. ADDRESSES: For further information, contact Mr. George Stevens, Office of Vehicle Safety Compliance, NHTSA (202–366–5308). SUPPLEMENTARY INFORMATION: SUMMARY: Background Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and/or sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Where there is no substantially similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle to be admitted into the United States if its safety features comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as NHTSA decides to be adequate. Petitions for eligibility decisions may be submitted by either manufacturers or PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR part 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has received, whether the vehicle is eligible for importation. The agency then publishes this decision in the Federal Register. NHTSA received petitions from registered importers to decide whether the vehicles listed in Annex A to this notice are eligible for importation into the United States. To afford an opportunity for public comment, NHTSA published notice of these petitions as specified in Annex A. The reader is referred to those notices for a thorough description of the petitions. Comments: No substantive comments were received in response to the petitions identified in Appendix A. Conclusions: For each vehicle identified in Appendix A, NHTSA has reviewed the respective petition and concluded that the vehicle is either substantially similar to its U.S. certified counterpart and capable of being readily altered to conform to all applicable FMVSS, or that it is capable of being altered to conform to conform to all applicable FMVSS. NHTSA has also concluded that each RI who imports and modifies a vehicle under one of the subject vehicle eligibility numbers for the first time must include in the statement of conformity and associated documents (‘‘conformity package’’) it submits to the NHTSA under 49 CFR part 592.6(d) explicit proof to confirm that the vehicle was, where applicable, originally manufactured to conform to, or was successfully altered to conform to, FMVSS No. 101 Controls and Displays, FMVSS No. 138, Tire Pressure Monitoring Systems, FMVSS No. 208, Occupant Crash Protection, and FMVSS No. 301 Fuel System Integrity. This proof must include detailed descriptions of all modifications made, including a detailed description of systems in place (if any) on the vehicle as delivered to the RI, and a similarly detailed description of alterations made to the vehicle and said systems, including photographs of all required labeling. The descriptions must also include parts assembly diagrams and associated part numbers for all components that were removed from or installed in the vehicle, an accounting of any computer programming modifications undertaken and a E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36182-36184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16339]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0239]


Parts and Accessories Necessary for Safe Operation; Hino Motors 
Manufacturing U.S.A., 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 Hino Motors Manufacturing U.S.A., 
Inc.'s (Hino) application for a limited 5-year exemption allowing motor 
carriers operating commercial motor vehicles (CMVs) manufactured by the 
company to use an Automated Emergency Braking (AEB) system and a Lane 
Departure Warning (LDW) system camera mounted in the windshield area at 
a height lower than currently allowed. The Agency has determined that 
lower placement of the AEB/LDW system camera would not have an adverse 
impact on safety and that adherence to the terms and conditions of the 
exemption would achieve a level of safety equivalent to or greater than 
the level of safety provided by the regulation.

DATES: This exemption is effective August 3, 2017 and ending August 3, 
2022.

[[Page 36183]]


FOR FURTHER INFORMATION CONTACT: Mrs. Amina Fisher, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, MC-PSV, (202) 366-2782, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public 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 safety analyses and public comments submitted, 
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)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Hino's Application for Exemption

    Hino applied for an exemption from 49 CFR 393.60(e)(1) to allow an 
AEB/LDW system camera to be mounted lower in the windshield than is 
currently permitted by the Agency's regulations in order to utilize a 
mounting location that allows the system camera to function correctly. 
A copy of the application is included in the docket referenced at the 
beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of 
the driver's field of view by devices mounted on the interior of the 
windshield. Antennas and similar devices must not be mounted more than 
152 mm (6 inches) below the upper edge of the windshield, and outside 
the driver's sight lines to the road and highway signs and signals. 
However, Sec.  393.60(e)(1)(i) does not apply to vehicle safety 
technologies, as defined in Sec.  390.5 as including ``a fleet-related 
incident management system, performance or behavior management system, 
speed management system, forward collision warning or mitigations 
system, active cruise control system, and transponder.'' Section 
393.60(e)(1)(ii) requires devices with safety technologies to be 
mounted (1) not more than 100 mm (4 inches) below the upper edge of the 
area swept by the windshield wipers; or (2) not more than 175 mm (7 
inches) above the lower edge of the area swept by the windshield 
wipers; and (3) outside the driver's sight lines to the road and 
highway signs and signals.
    Hino's application stated:

    Hino is making this request so that it becomes possible to 
introduce an Automated Emergency Braking (AEB) system and a Lane 
Departure Warning (LDW) system as optional equipment on some Hino 
commercial motor vehicles. This system, like many other similar 
systems which FMCSA has granted exemptions for, requires that a 
camera be mounted to the upper center area of the windshield in an 
area where the windshield in an area where the windshield is swept 
by the windshield wipers to provide a clear view to the lane 
markings on the road.
    In the Hino installation, the camera housing supplied by Meritor 
Wabco is approximately 4.67 inches wide by 4.30 inches tall. We 
propose to mount the camera such that is in the approximate center 
of the windshield and such that the bottom edge of the camera is 
approximately 7 inches below the upper edge of the windshield, 
outside of the driver's and passenger's normal sight lines to all 
mirrors, highway signs, signals and view of the road ahead. This 
location will allow for the optimal functionality of the advanced 
safety systems supported by the camera.

    Without the proposed exemption, Hino stated that it will not be 
able to deploy the AEB/LDW system camera in vehicle models because (1) 
its ``customers will be fined for violating the current regulation,'' 
and (2) ``the camera will not perform adequately to provide the safety 
benefit intended by the systems.''
    The exemption would apply to all Hino CMVs with the AEB/LDW system 
camera installed. Hino believes that mounting the AEB/LDW system camera 
within 7 inches below the upper edge of the windshield will allow it to 
function properly while maintaining an adequate field of view for the 
driver.

Comments

    FMCSA published a notice of the application in the Federal Register 
on January 19, 2017, and asked for public comment (82 FR 6689).
    The Agency received one comment from Mr. Ken Tirone, supporting the 
exemption application.

FMCSA Decision

    The FMCSA has evaluated the Hino exemption application. The Hino 
AEB/LDW system camera is mounted approximately 7 inches below the top 
of the windshield, and approximately 5.4 inches below the top of the 
area swept by the windshield wipers. Although the AEB/LDW system camera 
is approximately 4.3 inches tall, and mounted about 1 inch below the 
top of the area swept by the windshield wipers, the manner in which the 
camera system is installed on the windshield precludes it from being 
mounted (1) higher in the windshield and (2) within 4 inches from the 
top of the area swept by the windshield wipers in order to comply with 
Sec.  393.60(e)(1)(ii)(A).
    The Agency believes that granting the temporary exemption to allow 
the placement of the AEB/LDW system camera lower than 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 AEB/LDW system camera 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 mounting location 5.4 inches below the top of the area swept by the 
windshield wipers (and 7 inches below the upper edge of the windshield) 
and out of the driver's normal sightline will be reasonable and 
enforceable at roadside. In addition, the Agency believes that the use 
of AEB/LDW system cameras by fleets is likely to improve the overall 
level of safety to the motoring public.
    This action is consistent with previous Agency action permitting 
the placement of similarly-sized devices on CMVs outside the driver's 
sight lines to the road and highway signs and signals. FMCSA is not 
aware of any evidence

[[Page 36184]]

showing that the installation of other vehicle safety technologies 
mounted on the interior of the windshield has resulted in any 
degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning August 3, 2017 and ending August 3, 2022. During the 
temporary exemption period, motor carriers will be allowed to operate 
CMVs manufactured by Hino equipped with AEB/LDW system cameras mounted 
in the approximate center of the windshield such that the bottom edge 
of the camera is not more than 7 inches below the upper edge of the 
windshield and outside the driver's sight lines to all mirrors, highway 
signs, signals, and view of the road ahead. The exemption will be valid 
for 5 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 motor carriers operating Hino CMVs equipped with the AEB/LDW 
system camera 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. 31315(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: July 26, 2017.
 Daphne Jefferson,
Deputy Administrator.
[FR Doc. 2017-16339 Filed 8-2-17; 8:45 am]
BILLING CODE 4910-EX-P

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