Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Traditional Trucking Corporation, 12643-12645 [2018-05864]

Download as PDF Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ Since the January 15, 2013 notice, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in 49 CFR 391.41(b)(8). To be considered for an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency’s Medical Expert Panel (MEP) (78 FR 3069). II. Qualifications of Applicants Brian Lee Johnson Gerald Klein Jr. Shane W. Martinek Mr. Martinek, 40, has a history of seizure disorder and has been seizure free since 1991. He takes anti-seizure medication, with the dosage and frequency remaining the same since 1991. His physician states that he is supportive of Mr. Martinek receiving an exemption. Sean P. Plover Mr. Plover, 29, has a history of provoked seizures and has been seizure free since 2006. He takes anti-seizure medication, with the dosage and frequency remaining the same since 2006. His physician states that he is supportive of Mr. Plover receiving an exemption. Stephen M. Soden daltland on DSKBBV9HB2PROD with NOTICES William P. Swick Mr. Swick, 63, has a history of a seizure disorder and has been seizure free since 2005. He takes anti-seizure medication, with the dosage and frequency remaining the same since 2009. His physician states that he is supportive of Mr. Swick receiving an exemption. In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments Mr. Klein, 43, has a history of epilepsy and has been seizure free since 2009. He takes anti-seizure medication, with the dosage and frequency remaining the same since 2009. His physician states that he is supportive of Mr. Klein receiving an exemption. Mr. Soden, 27, has a history of epilepsy and has been seizure free since 2009. He takes anti-seizure medication, with the dosage and frequency remaining the same since 2015. His physician states that he is supportive of Mr. Soden receiving an exemption. 19:32 Mar 21, 2018 Mr. Stannard, 70, has a history of a single unprovoked seizure and has been seizure free since 1980. He takes antiseizure medication, with the dosage and frequency remaining the same since 1998. His physician states that he is supportive of Mr. Stannard receiving an exemption. III. Request for Comments Mr. Johnson, 59, has a history of generalized seizure disorder and has been seizure free since 1984. He takes anti-seizure medication, with the dosage and frequency remaining the same since 1984. His physician states that she is supportive of Mr. Johnson receiving an exemption. VerDate Sep<11>2014 Leon A. Stannard Jkt 244001 You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number FMCSA–2018–0050 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 12643 V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to https://www.regulations.gov and in the search box insert the docket number FMCSA–2018–0050 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: March 16, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–05861 Filed 3–21–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0098] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Traditional Trucking Corporation Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from Traditional Trucking Corporation (TTC) to allow a Global Positioning System (GPS) device to be mounted on the interior of the windshield of a commercial motor vehicle (CMV) within the areas allowed for ‘‘vehicle safety technology’’ devices. The Federal Motor Carrier Safety Regulations (FMCSR) require devices using ‘‘vehicle safety technology’’ to be mounted (A) not more than 4 inches below the upper edge of the area swept by the windshield wipers, or (B) not more than 7 inches above the lower edge of the area swept by the windshield wipers, and (C) outside the driver’s sight lines to the road and highway signs and signals. GPS is not considered a ‘‘vehicle safety technology’’ under the definition in the regulation, and as such, GPS devices are not permitted to be mounted on the interior of the windshield and within the area swept by the windshield wipers. TTC believes that the exemption will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption because the GPS device is approximately the same size as vehicle safety technology devices, and the current mounting location is much lower in the vehicle which causes the SUMMARY: E:\FR\FM\22MRN1.SGM 22MRN1 daltland on DSKBBV9HB2PROD with NOTICES 12644 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices driver to look away from the road to view the GPS device. DATES: Comments must be received on or before April 23, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2018–0098 using any of the following methods: • Website: https:// www.regulations.gov. Follow the instructions for submitting comments on the Federal electronic docket site. • Fax: 1–202–493–2251. • 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– Friday, except Federal holidays. Instructions: All submissions 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, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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 https:// www.regulations.gov website 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 https://www.regulations.gov website as well as the DOT’s https:// docketsinfo.dot.gov website. If you would like notification that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgment VerDate Sep<11>2014 19:32 Mar 21, 2018 Jkt 244001 page that appears after submitting comments online. 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. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background Under 49 CFR 381.315(a), FMCSA must publish a notice of each exemption request in the Federal Register. 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 its terms and conditions. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). TTC Application for Exemption TTC has applied for an exemption from 49 CFR 393.60(e)(1)(i) to allow a GPS device to be mounted on the interior of the windshield of a CMV within the areas allowed for devices with ‘‘vehicle safety technology’’ as defined in the FMCSRs. 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. Section 393.60(e)(1)(i) does not apply to vehicle safety technologies, as defined PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 in § 390.5, including ‘‘a fleet-related incident management system, performance or behavior management system, speed management system, lane departure warning system, forward collision warning or mitigation system, active cruise control system, and transponder.’’ Section 393.60(e)(1)(ii) requires devices with vehicle 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 outside the driver’s sight lines to the road and highway signs and signals. In its application, TTC states; The exemption is necessary because the dash is not suitable for mounting the fixture to hold the GPS unit, and the location of the GPS unit (if mounted on the top of the dash) is in the same location as currently allowed for ‘‘vehicle safety technologies’’ mounted on the windshield. The GPS fixture cannot be mounted to the ‘‘face’’ of the control panel as that area is covered with controls and displays necessary for the operation of the commercial vehicle . . . We do not believe that there will be any potential impacts to safety due to the requested temporary exemption. The size of GPS units is approximately the same size as the currently allowed ‘‘vehicle safety technologies’’ and the current location is much lower within the CMV which takes the driver’s eyes farther from the road to determine his/her vehicle’s correct lane, bridge height, speed, etc. The current allowed location is a more unsafe operating condition. The exemption would be for any carrier who wishes to mount a GPS device on the windshield within the area defined for ‘‘vehicle safety technology’’—not more than 4 inches below the upper edge of the windshield wipers, and not more than 7 inches above the lower edge of the area swept by the windshield wipers and outside the driver’s sight lines to the road and highway signs and signals. This would yield an equivalent level of safety for GPS devices as compared to those ‘‘vehicle safety technologies,’’ and it would be a potentially safer location than lower in the CMV where the driver must take his/her eyes off the road to look at the location of his CMV on the GPS device. Back in August of 2016, in the BASIC SMS, our Unsafe-driving category was in the cautionary status. Only one of the violations was not due to speeding; all of those with violations said it was due to a speed limit change and they were keeping with what they thought was the speed limit. GPS systems display the posted speed limit and flash in red when they are traveling above the posted speed limit. The exemption would apply to all CMV operators driving vehicles with GPS devices. TTC believes that mounting the system as described will maintain a level of safety that is E:\FR\FM\22MRN1.SGM 22MRN1 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices equivalent to, or greater than, the level of safety achieved without the exemption. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on TTC’s application for an exemption from 49 CFR 393.60(e)(i). All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. 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. Electronic Access Federal Motor Carrier Safety Administration You may see all the comments online through the Federal Document Management System (FDMS) at: https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov and/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. 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 of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. [FMCSA Docket No. FMCSA–2017–0253] II. Background Issued on: March 16, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–05864 Filed 3–21–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt four individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking antiseizure medication to operate CMVs in interstate commerce. DATES: The exemptions were applicable on February 19, 2018. The exemptions expire on February 19, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:32 Mar 21, 2018 Jkt 244001 On January 16, 2018, FMCSA published a notice announcing receipt of applications from four individuals requesting an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and requested comments from the public (83 FR 2298). The public comment period ended on February 15, 2018, and zero comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in 49 CFR 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 12645 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 H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5.] III. Discussion of Comments FMCSA received zero comments in this proceeding. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the epilepsy and seizure disorder prohibition in 49 CFR 391.41(b)(8) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. In reaching the decision to grant these exemption requests, FMCSA considered the 2007 recommendations of the Agency’s Medical Expert Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069) provides the current MEP recommendations which is the criteria the Agency uses to grant seizure exemptions. The Agency’s decision regarding these exemption applications is based on an individualized assessment of each applicant’s medical information, including the root cause of the respective seizure(s) and medical information about the applicant’s seizure history, the length of time that has elapsed since the individual’s last seizure, the stability of each individual’s treatment regimen and the duration of time on or off of anti-seizure medication. In addition, the Agency reviewed the treating clinician’s medical opinion related to the ability of the driver to safely operate a CMV with a history of seizure and each applicant’s driving record found in the Commercial Driver’s License Information System (CDLIS) for commercial driver’s license (CDL) holders, and interstate and intrastate inspections recorded in the Motor Carrier Management Information System (MCMIS). For non-CDL holders, the Agency reviewed the driving records from the State Driver’s Licensing Agency (SDLA). A summary of each applicant’s seizure history was 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/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf. E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12643-12645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05864]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0098]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Traditional Trucking Corporation

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

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

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from 
Traditional Trucking Corporation (TTC) to allow a Global Positioning 
System (GPS) device to be mounted on the interior of the windshield of 
a commercial motor vehicle (CMV) within the areas allowed for ``vehicle 
safety technology'' devices. The Federal Motor Carrier Safety 
Regulations (FMCSR) require devices using ``vehicle safety technology'' 
to be mounted (A) not more than 4 inches below the upper edge of the 
area swept by the windshield wipers, or (B) not more than 7 inches 
above the lower edge of the area swept by the windshield wipers, and 
(C) outside the driver's sight lines to the road and highway signs and 
signals. GPS is not considered a ``vehicle safety technology'' under 
the definition in the regulation, and as such, GPS devices are not 
permitted to be mounted on the interior of the windshield and within 
the area swept by the windshield wipers. TTC believes that the 
exemption will maintain a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption 
because the GPS device is approximately the same size as vehicle safety 
technology devices, and the current mounting location is much lower in 
the vehicle which causes the

[[Page 12644]]

driver to look away from the road to view the GPS device.

DATES: Comments must be received on or before April 23, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0098 using any of the 
following methods:
     Website: https://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     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-Friday, except Federal holidays.
    Instructions: All submissions 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, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    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 https://www.regulations.gov website 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 https://www.regulations.gov website as well as 
the DOT's https://docketsinfo.dot.gov website. 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: 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.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each 
exemption request in the Federal Register. 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 its terms and conditions. The exemption may 
be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

TTC Application for Exemption

    TTC has applied for an exemption from 49 CFR 393.60(e)(1)(i) to 
allow a GPS device to be mounted on the interior of the windshield of a 
CMV within the areas allowed for devices with ``vehicle safety 
technology'' as defined in the FMCSRs. 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. 
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies, 
as defined in Sec.  390.5, including ``a fleet-related incident 
management system, performance or behavior management system, speed 
management system, lane departure warning system, forward collision 
warning or mitigation system, active cruise control system, and 
transponder.'' Section 393.60(e)(1)(ii) requires devices with vehicle 
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 outside the driver's sight lines to the 
road and highway signs and signals.
    In its application, TTC states;

    The exemption is necessary because the dash is not suitable for 
mounting the fixture to hold the GPS unit, and the location of the 
GPS unit (if mounted on the top of the dash) is in the same location 
as currently allowed for ``vehicle safety technologies'' mounted on 
the windshield. The GPS fixture cannot be mounted to the ``face'' of 
the control panel as that area is covered with controls and displays 
necessary for the operation of the commercial vehicle . . .
    We do not believe that there will be any potential impacts to 
safety due to the requested temporary exemption. The size of GPS 
units is approximately the same size as the currently allowed 
``vehicle safety technologies'' and the current location is much 
lower within the CMV which takes the driver's eyes farther from the 
road to determine his/her vehicle's correct lane, bridge height, 
speed, etc. The current allowed location is a more unsafe operating 
condition.
    The exemption would be for any carrier who wishes to mount a GPS 
device on the windshield within the area defined for ``vehicle 
safety technology''--not more than 4 inches below the upper edge of 
the windshield wipers, and not more than 7 inches above the lower 
edge of the area swept by the windshield wipers and outside the 
driver's sight lines to the road and highway signs and signals. This 
would yield an equivalent level of safety for GPS devices as 
compared to those ``vehicle safety technologies,'' and it would be a 
potentially safer location than lower in the CMV where the driver 
must take his/her eyes off the road to look at the location of his 
CMV on the GPS device. Back in August of 2016, in the BASIC SMS, our 
Unsafe-driving category was in the cautionary status. Only one of 
the violations was not due to speeding; all of those with violations 
said it was due to a speed limit change and they were keeping with 
what they thought was the speed limit. GPS systems display the 
posted speed limit and flash in red when they are traveling above 
the posted speed limit.

    The exemption would apply to all CMV operators driving vehicles 
with GPS devices. TTC believes that mounting the system as described 
will maintain a level of safety that is

[[Page 12645]]

equivalent to, or greater than, the level of safety achieved without 
the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on TTC's application for an 
exemption from 49 CFR 393.60(e)(i). All comments received before the 
close of business on the comment closing date indicated at the 
beginning of this notice will be considered and will be available for 
examination in the docket at the location listed under the ADDRESSES 
section of this notice. Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable. In addition to late comments, FMCSA will also 
continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

    Issued on: March 16, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-05864 Filed 3-21-18; 8:45 am]
 BILLING CODE 4910-EX-P
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