Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Daimler Coaches North America, LLC, 48063-48064 [2022-16868]

Download as PDF Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2022–0075] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Daimler Coaches North America, LLC Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA requests public comment on an application for exemption from Daimler Coaches North America, LLC to allow its driver assistance camera technology to be mounted higher in the lower area of the windshield on commercial motor vehicles than is currently permitted. DATES: Comments must be received on or before September 6, 2022. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2022–0075 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • 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 or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number (FMCSA–2022–0075) for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, 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. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:20 Aug 04, 2022 Jkt 256001 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. 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 or jose.cestero@dot.gov, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. If you have questions on viewing or submitting material to the docket, call Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2022–0075), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. 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 the Agency can contact you if it has questions regarding your submission. To submit your comments online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2022–0075’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or not grant this application based on your comments. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 48063 II. Legal Basis FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations (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)). III. Background Current Regulatory Requirements 49 CFR 393.60(e)(1)(ii) currently requires devices meeting the definition of ‘‘vehicle safety technology,’’ including Daimler Coaches North America, LLC’s (DCNA) driver assistance camera technology device, to be mounted (1) not more than 4 inches below the upper edge of the area swept by the windshield wipers, or (2) 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. On March 7, 2022, FMCSA issued a final rule that goes into effect on May 6, 2022 (87 FR 12596). The new rule expands the mounting location of devices that meet the definition of ‘‘vehicle safety technology’’ and allows them to be mounted: (A) Not more than 216 mm (8.5 inches) below the upper edge of the area swept by the windshield wipers; (B) Not more than 175 mm (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. E:\FR\FM\05AUN1.SGM 05AUN1 48064 Federal Register / Vol. 87, No. 150 / Friday, August 5, 2022 / Notices The revised rule only increases the upper edge area swept by the windshield wipers and does not change the lower edge area. Applicant’s Request DCNA has applied for an exemption from 49 CFR 393.60(e)(1) to allow its driver assistance camera technology device to be mounted higher in the lower area of the windshield than is currently permitted. A copy of the application is included in the docket referenced at the beginning of this notice. lotter on DSK11XQN23PROD with NOTICES1 Equivalent Level of Safety In its application, DCNA states that the functionality of its driver assistance camera technology includes the ability to manage the Lane Departure Warning System (LDWS), Adaptive Cruise Control (ACC), Active Brake Assist 5 (ABA5) which is the minimum standard safety system and integral to the Electronic Stability Program (ESP). ABA5 uses both existing radar and the new camera technology for both pedestrian and vehicle recognition, commonly referred to as a ‘‘forward collision mitigation system.’’ The technology housing is approximately 187 mm (7.36 inches) tall by 277 mm (10.9 inches) wide and will be mounted in the approximate lower center of the windshield with the bottom edge of the housing approximately 240 mm (about 9.44 inches) above the lower edge of the area swept by the windshield wipers. The technology will be mounted outside the driver’s normal sight lines to the road ahead, signs, signals, and mirrors. This location will allow for optimal functionality of the safety features supported by DCNA’s driver assistance camera technology. The location of the technology—within the sweep of the left side windshield wiper—also ensures the safe operation of the system in inclement weather, where the sensors field of view can be wiped ’clean’, as required, by normal use of the windshield wiper system. DCNA believes that mounting the driver assistance camera technology system as described will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. IV. Request for Comments In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public comment from all interested persons on DCNA’s application for an exemption. All comments received before the close of business on the comment closing date indicated at the beginning of this notice VerDate Sep<11>2014 17:20 Aug 04, 2022 Jkt 256001 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. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2022–16868 Filed 8–4–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Final Agency Actions on Proposed Railroad Project in California Federal Railroad Administration (FRA), DOT. ACTION: Notice. AGENCY: This notice announces final environmental actions taken by the Federal Railroad Administration (FRA) for the Coachella Valley-San Gorgonio Pass Rail Corridor Service Project. By this notice, FRA is advising the public of the time limit to file a claim seeking judicial review of the action. DATES: A claim seeking judicial review of FRA action for the Project will be barred unless the claim is filed on or before August 5, 2024. If Federal law later authorizes a time period of less than 2 years for filing such claim, then that shorter time period applies. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Amanda Ciampolillo, Supervisory Environmental Protection Specialist, Office of Railroad Policy and Development, FRA, telephone: (617) 866–9398, email: Amanda.Ciampolillo@ dot.gov. For legal questions, please contact Faris Mohammed, AttorneyAdvisor, Office of the Chief Counsel, FRA, telephone: (202) 763–3230, email: Faris.Mohammed@dot.gov. SUPPLEMENTARY INFORMATION: Notice is given that FRA has taken final agency actions, subject to 49 U.S.C. 24201(a)(4) and 23 U.S.C. 139(l)(1), by issuing certain approvals for the following railroad project: Coachella Valley-San Gorgonio Pass Rail Corridor Service Project (Project). The Project consists of a corridor-wide planning study of intercity passenger rail service between SUMMARY: PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 the cities of Los Angeles and Coachella, CA. FRA conducted the study in coordination with the California Department of Transportation and the Riverside County Transportation Commission. The purpose of the Project is to evaluate options for providing intercity passenger rail service to serve a range of purposes for travel between the Coachella Valley and the Los Angeles Basin, including business, social, medical, leisure, and recreational trips. This notice applies to all decisions on the Project as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to, National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4375], Section 4(f) of the Department of Transportation Act [23 U.S.C. 138, 49 U.S.C. 303], Section 106 of the National Historic Preservation Act [54 U.S.C. 306108], and the Clean Air Act [42 U.S.C. 7401–7671q]. The actions on the Project, as well as the laws under which such actions were taken, are described in the combined Final Environmental Impact Statement/Record of Decision (FEIS/ROD) approved on June 3, 2022. The FEIS/ROD and other documents are available at https://railroads.dot.gov/ environment/environmental-reviews/ coachella-valley-san-gorgonio-passcorridor-investment-plan. (Authority: 49 U.S.C. 24201(a)(4) and 23 U.S.C. 139(l)(1)) Issued in Washington, DC. Jamie P. Rennert, Director, Office of Infrastructure Investment. [FR Doc. 2022–16854 Filed 8–4–22; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION [Docket No. DOT–OST–2022–0082] Request for Information; Thriving Communities Initiative Office of the Secretary (OST), Department of Transportation (DOT). ACTION: Request for information. AGENCY: The Bipartisan Infrastructure Law (BIL) enacted as the Infrastructure Investment and Jobs Act (IIJA) created several new programs at the US Department of Transportation (DOT) that allow local governments, non-profit organizations, tribal governments, and other political subdivisions of state or local governments to apply directly for DOT discretionary grant funding. In response to President Biden’s Executive Orders, ‘‘Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,’’ and SUMMARY: E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 48063-48064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16868]



[[Page 48063]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0075]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Daimler Coaches North America, LLC

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

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

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

SUMMARY: FMCSA requests public comment on an application for exemption 
from Daimler Coaches North America, LLC to allow its driver assistance 
camera technology to be mounted higher in the lower area of the 
windshield on commercial motor vehicles than is currently permitted.

DATES: Comments must be received on or before September 6, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2022-0075 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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 or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2022-0075) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
Operations.
    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.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, MC-PSV, (202) 366-5541 or [email protected], Federal 
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2022-0075), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. 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 the Agency can contact you if it has questions 
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2022-0075'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. 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, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions 
from certain parts of the Federal Motor Carrier Safety Regulations 
(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)).

III. Background

Current Regulatory Requirements

    49 CFR 393.60(e)(1)(ii) currently requires devices meeting the 
definition of ``vehicle safety technology,'' including Daimler Coaches 
North America, LLC's (DCNA) driver assistance camera technology device, 
to be mounted (1) not more than 4 inches below the upper edge of the 
area swept by the windshield wipers, or (2) 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. On March 7, 2022, FMCSA issued a final rule that goes into 
effect on May 6, 2022 (87 FR 12596). The new rule expands the mounting 
location of devices that meet the definition of ``vehicle safety 
technology'' and allows them to be mounted:
    (A) Not more than 216 mm (8.5 inches) below the upper edge of the 
area swept by the windshield wipers;
    (B) Not more than 175 mm (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.

[[Page 48064]]

    The revised rule only increases the upper edge area swept by the 
windshield wipers and does not change the lower edge area.

Applicant's Request

    DCNA has applied for an exemption from 49 CFR 393.60(e)(1) to allow 
its driver assistance camera technology device to be mounted higher in 
the lower area of the windshield than is currently permitted. A copy of 
the application is included in the docket referenced at the beginning 
of this notice.

Equivalent Level of Safety

    In its application, DCNA states that the functionality of its 
driver assistance camera technology includes the ability to manage the 
Lane Departure Warning System (LDWS), Adaptive Cruise Control (ACC), 
Active Brake Assist 5 (ABA5) which is the minimum standard safety 
system and integral to the Electronic Stability Program (ESP). ABA5 
uses both existing radar and the new camera technology for both 
pedestrian and vehicle recognition, commonly referred to as a ``forward 
collision mitigation system.''
    The technology housing is approximately 187 mm (7.36 inches) tall 
by 277 mm (10.9 inches) wide and will be mounted in the approximate 
lower center of the windshield with the bottom edge of the housing 
approximately 240 mm (about 9.44 inches) above the lower edge of the 
area swept by the windshield wipers. The technology will be mounted 
outside the driver's normal sight lines to the road ahead, signs, 
signals, and mirrors. This location will allow for optimal 
functionality of the safety features supported by DCNA's driver 
assistance camera technology. The location of the technology--within 
the sweep of the left side windshield wiper--also ensures the safe 
operation of the system in inclement weather, where the sensors field 
of view can be wiped 'clean', as required, by normal use of the 
windshield wiper system.
    DCNA believes that mounting the driver assistance camera technology 
system as described will maintain a level of safety that is equivalent 
to, or greater than, the level of safety achieved without the 
exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on DCNA's application for an 
exemption. 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-16868 Filed 8-4-22; 8:45 am]
BILLING CODE 4910-EX-P
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