Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Navistar Inc., 64952-64953 [2019-25494]
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64952
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices
19. Title VI of the Civil Rights Act of
1964, as amended;
20. Executive Order 12898, Federal
Actions to Address Environmental 18.
Executive Order 13112, Invasive
Species;
21. Department of Transportation Act
of 1966, Section 4(f) (49 U.S.C. 303 and
23 U.S.C. 138);
22. National Historic Preservation Act
of 1966, as amended (54 U.S.C. 306108
et seq.);
23. Migratory Bird Treaty Act;
24. Executive Order 13112, Invasive
Species.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Background
Authority: 23 U.S.C. 139(l)(1)
Issued on: November 19, 2019.
Tashia J. Clemons,
Director, Planning and Environment, Federal
Highway Administration, California Division.
[FR Doc. 2019–25541 Filed 11–22–19; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0091]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From Navistar 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 Navistar
Inc.’s (Navistar) application for a limited
5-year exemption to allow its advanced
driver-assistance systems (ADAS) to be
mounted lower in the windshield on
Navistar’s commercial motor vehicles
(CMV) than is currently permitted. The
Agency has determined that lower
placement of the ADAS 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
November 25, 2019 and ending
November 25, 2024.
DATES:
Mr.
Jose R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
17:31 Nov 22, 2019
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 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:
Jkt 250001
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the FMCSRs.
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)).
Navistar’s Application for Exemption
Navistar applied for an exemption
from 49 CFR 393.60(e)(1) to allow its
ADAS to be mounted lower in the
windshield than is currently permitted
by the Agency’s regulations in order to
utilize a location that allows optimal
functionality of the camera system. A
copy of the application is included in
the docket referenced at the beginning
of this notice.
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
Section 393.60(e)(1)(i) of the FMCSRs
prohibits the obstruction of the driver’s
field of view by devices mounted at the
top 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
fleet-related incident management
system, performance or behavior
management system, speed management
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 (3) outside the
driver’s sight lines to the road and
highway signs and signals.
In its application, Navistar states that
its ADAS currently includes features
such as enhanced rear-end collision
mitigation, adaptive cruise control along
with following distance alerts,
stationary object alerts, lane departure
warning, alerts when speeding, and
automatic braking on stationary
vehicles. Navistar states that the
proposed exemption will increase safety
by providing these ADAS features on its
CMVs. Navistar notes that the
exemption will also allow it to enable
additional safety features in the future
that will provide further safety benefits
such as traffic sign recognition, active
lane keeping, and driver fatigue
monitoring. In addition, Navistar states
that the ADAS will become a critical
enabler for future technology such as
autonomous vehicles.
The camera housing is approximately
120 mm (4.72 inches) wide by 120 mm
(4.72 inches) tall, and will be mounted
in the approximate center of the top of
the windshield such that the bottom
edge of the camera housing is
approximately 8 inches below the upper
edge of 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 proper
installation (including connectors and
cables) for optimal functionality of the
advanced safety systems supported by
the camera.
Navistar states that mounting the
ADAS in this location does not
significantly obstruct specified zones A,
B, or C for passenger cars in Federal
E:\FR\FM\25NON1.SGM
25NON1
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices
Motor Vehicle Safety Standard No. 104,
‘‘Windshield wiping and washing
systems.’’ 1
Navistar installed prototype camera
housings in several of its CMVs, and
operated them in typical over-the-road
conditions for a period of six months.
Navistar 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 m
Without the proposed exemption,
Navistar states that it will be unable to
mount the ADAS on its CMVs 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 Navistar vehicles
equipped with its ADAS mounted on
the windshield. Navistar believes that
mounting the system as described will
maintain a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
Comments
FMCSA published a notice of the
application in the Federal Register on
April 18, 2019, and asked for public
comment (84 FR 16328). The Agency
received no comments.
FMCSA Decision
FMCSA has evaluated the Navistar
exemption application. The ADAS
camera system housing is approximately
4.72 inches tall, and is mounted near
the top of the center of the windshield
with the bottom of the camera housing
located approximately 8 inches below
the top of the area swept by the
windshield wipers. The camera needs to
be mounted in this location for optimal
functionality of the ADAS system. 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 ADAS 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 ADAS would
obstruct drivers’ views of the roadway,
1 FMVSS No. 104 does not specify minimum
swept areas for truck and buses.
VerDate Sep<11>2014
17:31 Nov 22, 2019
Jkt 250001
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 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 ADAS 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
showing that the installation of other
vehicle safety technologies mounted on
the interior of the windshield has
resulted in any degradation in safety.
64953
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: November 18, 2019.
Jim Mullen,
Deputy Administrator.
[FR Doc. 2019–25494 Filed 11–22–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0089]
Terms and Conditions for the
Exemption
Petition for Waiver of Compliance
The Agency hereby grants the
exemption for a 5-year period,
beginning November 25, 2019 and
ending November 25, 2024. During the
temporary exemption period, motor
carriers will be allowed to operate
CMVs equipped with Navistar’s ADAS
in the approximate center of the top of
the windshield and such that the bottom
edge of the camera housing is
approximately 8 inches below the upper
edge of the windshield, outside of the
driver’s and passenger’s normal sight
lines to the road ahead, highway signs
and signals, and all mirrors. 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 Navistar
CMVs equipped with its ADAS 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.
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on October 28, 2019, Norfolk
Southern Corporation (NS), petitioned
the Federal Railroad Administration
(FRA) for a waiver of compliance from
certain provisions of the Federal
railroad safety regulations contained at
49 CFR part 231, Railroad Safety
Appliance Standards. Specifically, NS
seeks relief from § 231.6(a)(3)(i) for a
designated series of NS maintenance-ofway (MW) flat cars (NS 980011, NS
986906, CR 62753, CR 58574, CR 58568,
CR 58535, CR 58515, CR 58563, and CR
58708). FRA assigned the petition
Docket Number FRA–2019–0089.
In line with the requirements of
§ 231.6(a)(3)(i), on June 15, 1998, FRA
issued Technical Bulletin MP&E 98–69,
Safety Appliance Arrangements on Flat
Cars, recommending an additional
handhold for any flat car with a lowmounted side hand brake to allow for
the safe operation of the hand brake
while the car is in motion. NS seeks
relief to permit these MW cars to remain
in service with their current hand brake
arrangement and without the additional
handhold outlined in MP&E 98–69.
NS indicates it will not operate the
hand brake on these MW cars while the
cars are in motion. NS states that these
cars have had a long-standing service
life with no detriment to the hand brake
operation. NS contends that the
supplemental handholds, as outlined in
MP&E 98–69, could obstruct the loading
or unloading of track equipment. NS
posits that this could result in damage
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
E:\FR\FM\25NON1.SGM
25NON1
]]>Agencies
[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64952-64953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25494]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0091]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Navistar 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 Navistar Inc.'s (Navistar) application
for a limited 5-year exemption to allow its advanced driver-assistance
systems (ADAS) to be mounted lower in the windshield on Navistar's
commercial motor vehicles (CMV) than is currently permitted. The Agency
has determined that lower placement of the ADAS 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 November 25, 2019 and ending
November 25, 2024.
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
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the FMCSRs. 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)).
Navistar's Application for Exemption
Navistar applied for an exemption from 49 CFR 393.60(e)(1) to allow
its ADAS to be mounted lower in the windshield than is currently
permitted by the Agency's regulations in order to utilize a location
that allows optimal functionality of the camera system. 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 at the top 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
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 (3) outside the driver's sight lines to the
road and highway signs and signals.
In its application, Navistar states that its ADAS currently
includes features such as enhanced rear-end collision mitigation,
adaptive cruise control along with following distance alerts,
stationary object alerts, lane departure warning, alerts when speeding,
and automatic braking on stationary vehicles. Navistar states that the
proposed exemption will increase safety by providing these ADAS
features on its CMVs. Navistar notes that the exemption will also allow
it to enable additional safety features in the future that will provide
further safety benefits such as traffic sign recognition, active lane
keeping, and driver fatigue monitoring. In addition, Navistar states
that the ADAS will become a critical enabler for future technology such
as autonomous vehicles.
The camera housing is approximately 120 mm (4.72 inches) wide by
120 mm (4.72 inches) tall, and will be mounted in the approximate
center of the top of the windshield such that the bottom edge of the
camera housing is approximately 8 inches below the upper edge of 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 proper installation (including connectors
and cables) for optimal functionality of the advanced safety systems
supported by the camera.
Navistar states that mounting the ADAS in this location does not
significantly obstruct specified zones A, B, or C for passenger cars in
Federal
[[Page 64953]]
Motor Vehicle Safety Standard No. 104, ``Windshield wiping and washing
systems.'' \1\
---------------------------------------------------------------------------
\1\ FMVSS No. 104 does not specify minimum swept areas for truck
and buses.
---------------------------------------------------------------------------
Navistar installed prototype camera housings in several of its
CMVs, and operated them in typical over-the-road conditions for a
period of six months. Navistar 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 m
Without the proposed exemption, Navistar states that it will be
unable to mount the ADAS on its CMVs 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 Navistar
vehicles equipped with its ADAS mounted on the windshield. Navistar
believes that mounting the system as described will maintain a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
Comments
FMCSA published a notice of the application in the Federal Register
on April 18, 2019, and asked for public comment (84 FR 16328). The
Agency received no comments.
FMCSA Decision
FMCSA has evaluated the Navistar exemption application. The ADAS
camera system housing is approximately 4.72 inches tall, and is mounted
near the top of the center of the windshield with the bottom of the
camera housing located approximately 8 inches below the top of the area
swept by the windshield wipers. The camera needs to be mounted in this
location for optimal functionality of the ADAS system. 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 ADAS 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 ADAS 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 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 ADAS 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 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 November 25, 2019 and ending November 25, 2024. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with Navistar's ADAS in the approximate center of the top
of the windshield and such that the bottom edge of the camera housing
is approximately 8 inches below the upper edge of the windshield,
outside of the driver's and passenger's normal sight lines to the road
ahead, highway signs and signals, and all mirrors. 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 Navistar CMVs equipped with its ADAS 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: November 18, 2019.
Jim Mullen,
Deputy Administrator.
[FR Doc. 2019-25494 Filed 11-22-19; 8:45 am]
BILLING CODE 4910-EX-P
