Parts and Accessories Necessary for Safe Operation; Daimler Trucks North America LLC Application for Exemption, 4543-4545 [2018-01943]
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Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
Century,’’ Public Law 105–178, 112 Stat.
107, June 9, 1998. The Motor Carrier
Safety Improvement Act of 1999, Public
Law 106–159, 113 Stat. 1748, December
9, 1999, created the FMCSA and section
213 of the Act expanded the Safety
Violation Hotline Service to include a
24-hour operation. On August 10, 2005,
Congress enacted the Safe, Accountable,
Flexible, and Efficient Transportation
Equity Act: A Legacy for Users,
(SAFETEA–LU), Public Law 109–59,
119 Stat. 1144. Section 4214 of
SAFETEA–LU requires DOT to create a
system to record and log aggregate
complaint information regarding
violations of the Federal Motor Carrier
Safety Regulations.
The NCCDB fulfills the requirements
of these mandates. Complaints will be
accepted through the NCCDB in
connection with other statutory
mandates, including, but not limited to,
protection of drivers against harassment
and coercion under sections 32301(b)
and 32911, respectively, of the Moving
Ahead for Progress in the 21st Century
Act, Public Law 112–141, 126 Stat. 405.
The NCCDB will also accept complaints
from interested parties regarding third
party intermediaries (brokers and freight
forwarders) and their associated
financial responsibility instruments.
Title: National Consumer Complaint
Database OMB Control Number: 2126–
NEW.
Type of Request: New information
collection.
Respondents: Consumers, Drivers,
and Others, Participants in the Motor
Carrier Industry.
Estimated Number of Respondents:
12,165 respondents [8,030 Moving
Complaint respondents + 3,449 Truck
Complaint respondents + 685 Bus
Complaint respondents].
Estimated Time per Response: 15
Minutes.
Expiration Date: N/A. This is a new
information collection.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
3,041 hours [8,030 Moving Complaint
respondents × 15 minutes = 2,008 hours;
3,449 Truck Complaint respondents ×
15 minutes = 863 hours; 685 Bus
Complaint respondents × 15 minutes =
171 hours].
Public Comments Invited
You are asked to comment on any
aspect of this information collection,
including: (1) Whether the proposed
collection is necessary for the FMCSA to
perform its functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
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burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority delegated in 49
CFR 1.87 on: January 23, 2018.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2018–01941 Filed 1–30–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0176]
Parts and Accessories Necessary for
Safe Operation; Daimler Trucks North
America LLC Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant Daimler
Trucks North America LLC’s (DTNA)
application for a limited 5-year
exemption allowing motor carriers
operating commercial motor vehicles
(CMVs) manufactured by the company
to use an Attention Assist and Lane
Departure Warning system camera
mounted lower in the windshield than
is currently permitted. The Agency has
determined that lower placement of the
Attention Assist and Lane Departure
Warning 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.
SUMMARY:
This exemption is effective
February 1, 2018 and ending January 31,
2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, 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
DATES:
PO 00000
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4543
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:
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 Federal Motor
Carrier Safety Regulations (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
5 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)).
DTNA’s Application for Exemption
DTNA applied for an exemption from
49 CFR 393.60(e)(1) to allow an
Attention Assist and Lane Departure
Warning 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 optimal
functionality of the system camera. 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
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Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
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 § 393.5, that include ‘‘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.
DTNA states that the exemption, in
addition to providing attention assist
and lane departure warning functions,
would allow DTNA to enable additional
safety features in the future that will
provide further safety benefits such as
traffic sign recognition, active lane
keeping, video capture, and intelligent
headlight control. DTNA states that the
Attention Assist and Lane Departure
Warning system camera will become a
critical enabler for future technology
such as autonomous vehicles. The
camera housing is approximately 102
mm (4.01 inches) wide by 177 mm (6.97
inches) tall, and will be mounted in the
approximate center and near the top of
the windshield with the bottom edge of
the camera system approximately 8.5
inches below the upper edge of the area
swept by the windshield wipers, outside
of the driver’s (and passenger’s) normal
sight lines to the road ahead, highway
signs and signals, and all mirrors. This
location will allow for the optimal
functionality of the advanced safety
systems supported by the camera.
DTNA states that mounting the camera
in this location does not significantly
obstruct the Federal Motor Vehicle
Safety Standard No. 104, ‘‘Windshield
wiping and washing systems,’’ specified
zones A, B, or C for passenger cars of
1730 or more mm overall width.1
DTNA has installed prototype camera
housings in fifteen DTNA conventional
type vehicles and assessed the impact of
the camera on driver and passenger
visibility on over 50 CDL drivers and
over 900,000 miles. This includes overthe-road mileage accumulation through
1 FMVSS No. 104 does not specify minimum
swept areas for trucks and buses.
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17:36 Jan 30, 2018
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a mixture of mountain, freeway,
highway, and city routes. DTNA states
that all drivers and passengers agreed
that there was no noticeable obstruction
to the normal sight lines to the road
ahead, highway signs, signals, or any
mirrors.
Without the proposed exemption,
DTNA states that the customer will be
unable to use Attention Assist and Lane
Departure Warning system cameras on
DTNA commercial motor vehicles due
to concerns that (1) its ‘‘customers may
be in violation of 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
CMV operators driving DTNA vehicles
with the Attention Assist and Lane
Departure Warning systems camera
installed. DTNA believes that mounting
the Attention Assist and Lane Departure
Warning system camera within 7 inches
below the upper edge of the windshield
will allow for optimal functionality of
the advance safety systems while
providing visibility of the road ahead,
highway signs, signals, and all mirrors.
Comments
FMCSA published a notice of the
application in the Federal Register on
June 26, 2017, and asked for public
comment (82 FR 28930). No comments
were received.
FMCSA Decision
The FMCSA has evaluated the DTNA
exemption application. The Attention
Assist and Lane Departure Warning
system camera is approximately 7
inches tall, and is mounted near the top
of the center of the windshield with the
bottom of the camera system located
approximately 8.5 inches below the top
of the area swept by the windshield
wipers. The camera system needs to be
mounted in this location to properly
perform its functions of monitoring the
driver and the roadway for lane
markings. The size of the camera system
precludes mounting it (1) higher in the
windshield, and (2) within 4 inches
from the top of the area swept by the
windshield wipers to comply with
§ 393.60(e)(1)(ii)(A).
The Agency believes that granting the
temporary exemption to allow the
placement of the Attention Assist and
Lane Departure Warning 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
Attention Assist and Lane Departure
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Fmt 4703
Sfmt 4703
Warning 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 8.5 inches below
the top of the area swept by the
windshield wipers and out of the
driver’s normal sightline will be
reasonable and enforceable at roadside.
In addition, the Agency believes that the
use of Attention Assist and Lane
Departure Warning 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
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 January 31, 2018 and ending
January 31, 2023. During the temporary
exemption period, motor carriers will be
allowed to operate CMVs manufactured
by DTNA equipped with the Attention
Assist and Lane Departure Warning
system camera mounted in the
approximate center of the windshield
such that the bottom edge of the camera
is not more than 8.5 inches below the
top of the area swept by the windshield
wipers 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 DTNA
CMVs equipped with the Attention
Assist and Lane Departure Warning
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
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Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
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: January 25, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018–01943 Filed 1–30–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–FMCSA–2017–0326]
Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from seven individuals for
an exemption from the prohibition in
the Federal Motor Carrier Safety
Regulations (FMCSRs) against operation
of a commercial motor vehicle (CMV) by
persons with a current clinical diagnosis
of myocardial infarction, angina
pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular
disease of a variety known to be
accompanied by syncope, dyspnea,
collapse, or congestive heart failure. If
granted, the exemptions would enable
these individuals with implantable
cardioverter defibrillators (ICDs) to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before March 2, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
FMCSA–2017–0326 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
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17:36 Jan 30, 2018
Jkt 244001
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 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 the
docket number for this notice. 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 below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov, at any time or
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., e.t., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
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 https://www.regulations.gov,
as described in the system records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–
224,Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
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Sfmt 4703
4545
the FMCSRs for a five-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.’’ The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The seven individuals listed in this
notice have requested an exemption
from 49 CFR 391.41(b)(4). Accordingly,
the Agency will evaluate the
qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
found in 49 CFR 391.41(b)(4) states that
a person is physically qualified to drive
a CMV if that person has no current
clinical diagnosis of myocardial
infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other
cardiovascular disease of a variety
known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac
failure.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist Medical Examiners in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce. [49 CFR part 391,
APPENDIX A TO PART 391—MEDICAL
ADVISORY CRITERIA, section D.
Cardiovascular: § 391.41(b)(4),
paragraph 4.] The advisory criteria
states that ICDs are disqualifying due to
risk of syncope.
II. Qualifications of Applicants
Frank D’Ercole
Mr. D’Ercole is a 77 year old CDL
holder in New Jersey. An October 30,
2017 letter from his cardiologist states
that his ICD was implanted in June 2017
and that since that time he he has had
no event on his AICD implant. His
exercise test in May 2017 showed good
exercise capacity.
Myles Goodwin
Mr. Goodwin is a 54 year old driver
in New Hampshire. A May 2017 letter
from his cardiologist states that his ICD
was implanted in February 2015 and at
the time of the letter had not deployed.
1 See https://www.ecfr.gov/cgi-bin/text-idx?SID=
e47b48a9ea42dd67d999246e23d97970&mc=
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
and https://www.gpo.gov/fdsys/pkg/CFR-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391FappA.pdf.
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Agencies
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4543-4545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01943]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0176]
Parts and Accessories Necessary for Safe Operation; Daimler
Trucks North America LLC Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Daimler Trucks North America LLC's
(DTNA) application for a limited 5-year exemption allowing motor
carriers operating commercial motor vehicles (CMVs) manufactured by the
company to use an Attention Assist and Lane Departure Warning system
camera mounted lower in the windshield than is currently permitted. The
Agency has determined that lower placement of the Attention Assist and
Lane Departure Warning 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 February 1, 2018 and ending January
31, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Jose R. Cestero, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, MC-PSV, (202) 366-5541, 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
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 Federal Motor Carrier Safety Regulations (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 5 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)).
DTNA's Application for Exemption
DTNA applied for an exemption from 49 CFR 393.60(e)(1) to allow an
Attention Assist and Lane Departure Warning 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 optimal
functionality of the system camera. 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
[[Page 4544]]
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. 393.5, that
include ``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.
DTNA states that the exemption, in addition to providing attention
assist and lane departure warning functions, would allow DTNA to enable
additional safety features in the future that will provide further
safety benefits such as traffic sign recognition, active lane keeping,
video capture, and intelligent headlight control. DTNA states that the
Attention Assist and Lane Departure Warning system camera will become a
critical enabler for future technology such as autonomous vehicles. The
camera housing is approximately 102 mm (4.01 inches) wide by 177 mm
(6.97 inches) tall, and will be mounted in the approximate center and
near the top of the windshield with the bottom edge of the camera
system approximately 8.5 inches below the upper edge of the area swept
by the windshield wipers, outside of the driver's (and passenger's)
normal sight lines to the road ahead, highway signs and signals, and
all mirrors. This location will allow for the optimal functionality of
the advanced safety systems supported by the camera. DTNA states that
mounting the camera in this location does not significantly obstruct
the Federal Motor Vehicle Safety Standard No. 104, ``Windshield wiping
and washing systems,'' specified zones A, B, or C for passenger cars of
1730 or more mm overall width.\1\
---------------------------------------------------------------------------
\1\ FMVSS No. 104 does not specify minimum swept areas for
trucks and buses.
---------------------------------------------------------------------------
DTNA has installed prototype camera housings in fifteen DTNA
conventional type vehicles and assessed the impact of the camera on
driver and passenger visibility on over 50 CDL drivers and over 900,000
miles. This includes over-the-road mileage accumulation through a
mixture of mountain, freeway, highway, and city routes. DTNA states
that all drivers and passengers agreed that there was no noticeable
obstruction to the normal sight lines to the road ahead, highway signs,
signals, or any mirrors.
Without the proposed exemption, DTNA states that the customer will
be unable to use Attention Assist and Lane Departure Warning system
cameras on DTNA commercial motor vehicles due to concerns that (1) its
``customers may be in violation of 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 CMV operators driving DTNA
vehicles with the Attention Assist and Lane Departure Warning systems
camera installed. DTNA believes that mounting the Attention Assist and
Lane Departure Warning system camera within 7 inches below the upper
edge of the windshield will allow for optimal functionality of the
advance safety systems while providing visibility of the road ahead,
highway signs, signals, and all mirrors.
Comments
FMCSA published a notice of the application in the Federal Register
on June 26, 2017, and asked for public comment (82 FR 28930). No
comments were received.
FMCSA Decision
The FMCSA has evaluated the DTNA exemption application. The
Attention Assist and Lane Departure Warning system camera is
approximately 7 inches tall, and is mounted near the top of the center
of the windshield with the bottom of the camera system located
approximately 8.5 inches below the top of the area swept by the
windshield wipers. The camera system needs to be mounted in this
location to properly perform its functions of monitoring the driver and
the roadway for lane markings. The size of the camera system precludes
mounting it (1) higher in the windshield, and (2) within 4 inches from
the top of the area swept by the windshield wipers to comply with Sec.
393.60(e)(1)(ii)(A).
The Agency believes that granting the temporary exemption to allow
the placement of the Attention Assist and Lane Departure Warning 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
Attention Assist and Lane Departure Warning 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 8.5 inches below the top of the area swept by the
windshield wipers and out of the driver's normal sightline will be
reasonable and enforceable at roadside. In addition, the Agency
believes that the use of Attention Assist and Lane Departure Warning
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 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 January 31, 2018 and ending January 31, 2023. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs manufactured by DTNA equipped with the Attention Assist and Lane
Departure Warning system camera mounted in the approximate center of
the windshield such that the bottom edge of the camera is not more than
8.5 inches below the top of the area swept by the windshield wipers 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 DTNA CMVs equipped with the Attention
Assist and Lane Departure Warning 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
[[Page 4545]]
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: January 25, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-01943 Filed 1-30-18; 8:45 am]
BILLING CODE 4910-EX-P