Parts and Accessories Necessary for Safe Operation; Exemption for Daimler Coaches North America, LLC, 40922-40924 [2023-13206]
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Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices
and weight of LED flares that provide
stability to the devices during windy
conditions; and (4) the safe use of LED
flares near chemical or fuel spills.
A few commentors expressed concern
about the potential for self-discharge of
the batteries in the LED flares while
they are stored without use in the truck.
We note that the FMCSRs control for
proper function of LED flares.
Emergency equipment is an inspection
item under § 396.11 as required by the
FMCSR’s. As such, if the LED flares are
not functioning properly due to selfdischarge during storage, the driver
must complete a driver vehicle
inspection report at the completion of
the workday, and the motor carrier must
ensure that the defect is corrected prior
to vehicle re-dispatch.
For these reasons, the Agency believes
that granting the use of LED flares as an
alternative to emergency equipment
currently specified in 49 CFR 393.95(f)
will likely provide a level of safety that
is equivalent to, or greater than, the
level of safety achieved without the
exemption. When compared to the
bidirectional emergency reflective
triangles, fusees, or liquid-burning
flares, the Pi Variables LED flares
provide drivers with an equivalent
visual alert that (1) encourages vehicles
to reduce speed near stopped CMVs, (2)
directs vehicles to merge into another
lane when lanes are closed, and (3) is
not confusing for the motoring public.
Additionally, Pi Variables’ LED flares
are safer for use where roadside fire
hazards are present.
V. Terms and Conditions
Exemption Period
The Agency hereby grants Pi
Variables an exemption for a 5-year
period, beginning June 27, 2023 and
ending June 27, 2028 unless rescinded
earlier by FMCSA.
ddrumheller on DSK120RN23PROD with NOTICES1
A. Conditions of Exemption
1. This exemption is limited to Pi
Variables’ Pi-Lit LED flares and does not
apply to any other LED flare system/
technology.
2. During the exemption period,
motor carriers operating CMVs may use
Pi-Lit LED flares in orange or red LED
color in lieu of the bidirectional
emergency reflective triangles, fusees,
and liquid-burning flares specified in
§ 393.95(f).
3. Motor carriers deploying Pi-Lit LED
flares under this exemption must deploy
at least 3 flares within the time period
and in the manner specified for
deployment in 49 CFR 392.22.
4. The Pi-Lit LED flares must conform
to the performance requirements
VerDate Sep<11>2014
18:01 Jun 21, 2023
Jkt 259001
specified in Underwriters Laboratories,
Inc., UL No. 912, Highway Emergency
Signals, Sixth Edition, May 11, 2018 for
resistance to rain, wind, and dust, and
minimum illuminance.
5. Interested parties possessing
information that would demonstrate
that motor carriers utilizing Pi-Lit LED
flares are not achieving the requisite
statutory level of safety should
immediately notify FMCSA by email at
MCPSD@DOT.GOV. 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.
B. Preemption
In accordance with 49 U.S.C.
31313(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.
C. Termination
FMCSA does not believe that motor
carriers, drivers, and CMVs covered by
the exemption will experience any
deterioration of their safety record.
However, should this occur, FMCSA
will take all steps necessary to protect
the public interest, including revocation
of the exemption without prior notice.
The exemption will be rescinded if: (1)
motor carriers and/or CMVs fail to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
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) or
31315(b).
Robin Hutcheson,
Administrator.
[FR Doc. 2023–13205 Filed 6–21–23; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0075]
Parts and Accessories Necessary for
Safe Operation; Exemption for Daimler
Coaches North America, LLC
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
The FMCSA announces its
decision to grant Daimler Coaches North
America, LLC’s (Daimler Coaches)
application for a limited five-year
exemption to allow its driver assistance
camera technology (DACT) device to
extend beyond the current mounting
location limits in the lower area of the
windshield on Tourrider commercial
motorcoaches. The Agency has
determined that higher placement of
Daimler Coaches’ DACT device would
not have an adverse impact on safety
and that adherence to the terms and
conditions of the exemption would
likely achieve a level of safety
equivalent to, or greater than, the level
of safety provided by the regulation.
DATES: This exemption is effective June
27, 2023 and ending June 22, 2028.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose R. Cestero, Mechanical Engineer,
Vehicle and Roadside Operations
Division, Office of Carrier, Driver, and
Vehicle Safety, MC–PSV, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001; or via telephone: (202)
366–5541; or email: jose.cestero@
dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2022–0075’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2022–0075’’ in
the keyword box, click ‘‘Search,’’ and
chose the document to review.
If you do not have access to the
internet, you may view the docket
online by visiting Dockets Operations in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC
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Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices
20590, 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from certain Federal Motor
Carrier Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The Agency’s decision 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 (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Current Regulatory Requirements
Current Regulatory Requirements
Section 393.60(e)(1) currently requires
vehicle safety technologies mounted
along the lower edge of the swept area
to not extend more than 175 mm (7
inches) above the lower edge of the area
swept by the windshield wipers and be
outside the driver’s sight lines to the
road and highway signs and signals.
ddrumheller on DSK120RN23PROD with NOTICES1
Applicant’s Request
Daimler Coaches has applied for an
exemption to allow its DACT device to
be mounted on the windshield of
Tourrider luxury motorcoaches in a
location extending approximately 2.44
inches beyond the lower mounting area
limits specified in 49 CFR
393.60(e)(1)(ii)(B). Daimler reports that
this exemption would apply to
approximately 200 Tourrider
motorcoaches annually.
In its application, Daimler Coaches
states that the DACT device manages the
functionality of the Lane Departure
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18:01 Jun 21, 2023
Jkt 259001
Warning, Adaptive Cruise Control, and
Active Brake Assist 5 (ABA5) systems.
These systems are each part of the
minimum standard safety system
equipped on the vehicle and are integral
to the Electronic Stability Program.
ABA5 uses both existing radar and the
new DACT device for both pedestrian
and vehicle recognition, commonly
referred to as a ‘‘forward collision
mitigation system.’’
Daimler Coaches has noted previous
exemptions granted by the Agency for
similar technologies on other
commercial vehicles and supplier
technologies. For example, the Agency
has previously granted exemptions for
Bendix Commercial Vehicle Systems
LLC, 85 FR 77336 (April 06, 2021),
Netradyne, Inc. 85 FR 82575 (Dec 18,
2020), J.J. Keller & Associates, Inc. 85 FR
75106 (November 24, 2020), Samsara
Networks, Inc. 85 FR 68409 (Oct. 28,
2020), Nauto Inc. 85 FR 64220 (Oct. 9,
2020), Lytx Inc. 85 FR 30121 (May 21,
2020), and Navistar Inc. 84 FR 64952
(Nov. 25, 2019).
Without the proposed exemption,
Daimler Coaches states that its clients
will be fined for violating current
regulations.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
Daimler Coaches contends that its
DACT device was developed and used
in individual Daimler trucks, buses, and
motorcoaches in Europe and subject to
months of prototype on-road testing and
that it has confirmed that the system did
not obstruct the driver’s normal sight
lines on the road, highways signs,
signals, or mirrors. Further, it contends
that the location of the device—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 is
wiped clean by normal use of the
windshield wiper system.
Finally, Daimler Coaches states that it
believes that mounting the DACT device
will maintain a level of safety that is ‘‘at
the very least equivalent to, but in our
evaluations, far greater than the level of
safety achieved without the exemption
not only for the motorcoach in
operation, but also for other road users,
plus pedestrians and cyclists in urban
areas.’’
FMCSA considered the development
of the DACT device, the driver seating
position, and the minimal amount of
additional protrusion beyond the
permitted area within the swept area of
the windshield wiper when assessing
the impact of the exemption on safety.
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40923
V. Public Comments
FMCSA published a notice of the
application in the Federal Register on
August 5, 2022, and asked for public
comment (87 FR 48063). The Agency
received no comments.
VI. FMCSA Decision
FMCSA has evaluated the Daimler
Coaches exemption application. The
DACT device housing is approximately
187 mm (7.36 inches) tall by 277 mm
(10.9 inches) wide and will be mounted
100 mm (3.8 inches) from the center of
the windshield on the driver’s side with
the edge of the housing extending
approximately 240 mm (about 9.44
inches) above the lower edge of the area
swept by the windshield wipers.
Daimler Coaches stated in its petition
that similar safety camera technologies
have been granted by the Agency.
FMCSA notes that those technologies,
while similar, have different mounting
location requirements than the driver
assistance technology developed by
Daimler Coaches. Other safety camera
technologies are mounted on the upper
edge of the area swept by the
windshield wipers, whereas Daimler
Coaches’ safety system is installed on
the lower edge of the area swept by the
windshield wipers.
The DACT device will be mounted
outside the driver’s normal sight lines to
the road ahead, signs, signals, and
mirrors. Daimler Coaches states that this
location will allow for optimal
functionality of the safety features
supported by the device. The location of
the technology—within the sweep of the
windshield wiper—also ensures the safe
operation of the system in inclement
weather, where the sensors’ field of
view can be wiped ’clean’ through
normal use of the windshield wiper
system. Additionally, because of the
sweep pattern of the windshield wiper,
only the corner of the DACT device
housing extends into the prohibited
mounting area. Daimler Coaches
believes this location to be critical for
optimal functionality of the DACT
device safety system, which would not
be achieved by mounting it (1) higher in
the windshield, and (2) within the
location limits specified in section
393.60(e)(1)(ii).
The Agency agrees with Daimler
Coaches that installation of an
operational driver assistance technology
such as the DACT device system
provides a greater level of safety than
would be provided if the technology
were not available. FMCSA does not
believe that the location of Daimler
Coaches’ camera technology will
impede driver visibility of normal
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40924
Federal Register / Vol. 88, No. 119 / Thursday, June 22, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
sightlines towards signs, signals, and
mirrors because (1) the safety device
minimally exceeds the lower edge of the
area swept by the windshield wipers; (2)
generally, motorcoaches have an
elevated seating position that greatly
improves the forward visual field of
view, and any resultant impairment of
available sight lines would be minimal;
and (3) the mounting location of
Daimler Coaches’ camera technology
will be reasonable and enforceable at
roadside.
In addition, the Agency believes the
use of Daimler Coaches’ DACT device
by fleets is likely to improve the overall
level of safety for the motoring public.
For these reasons, the Agency believes
that allowing placement of the Daimler
Coaches’ DACT device beyond the area
of the lower windshield currently
permitted by Agency regulations will
likely provide a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
VII. Terms and Conditions for the
Exemption
During the temporary exemption
period, motor carriers are allowed to
operate Daimler Tourrider commercial
motorcoaches equipped with Daimler
Coaches’ DACT device mounted not
more than 240 mm (9.5 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. When
operating under this exemption, motor
carriers are subjected to the following
terms and conditions:
1. This exemption is limited to
Daimler Coaches’ DACT device on
Tourrider commercial motorcoaches
and does not apply to any other camera
safety technology device or commercial
motor vehicle (CMV).
2. This exemption is subject to
revocation prior to the 5-year expiration
in the event that FMCSA obtains
information supporting and makes a
determination that use of the DACT
safety device on Tourrider
motorcoaches does not achieve the
requisite statutory level of safety or the
exemption is not consistent with 49
U.S.C. 31136(e). Interested parties
possessing information demonstrating
that motor carriers utilizing Daimler
Coaches’ DACT safety device on
Tourrider motorcoaches are not
achieving the requisite statutory level of
safety should immediately notify
FMCSA at MCPSD@DOT.GOV. 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
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18:01 Jun 21, 2023
Jkt 259001
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.
Termination
The exemption is valid for 5 years
unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) motor
carriers operating Tourrider commercial
motorcoaches 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).
Robin Hutcheson,
Administrator.
[FR Doc. 2023–13206 Filed 6–21–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
Open Meeting: Community
Development Advisory Board
ACTION:
Notice of open meeting.
This notice announces an
open meeting of the Community
Development Advisory Board (the
Advisory Board), which provides advice
to the Director of the Community
Development Financial Institutions
Fund (CDFI Fund). This meeting will be
conducted virtually. A link to register to
view the meeting can be found at the
top of www.cdfifund.gov/cdab.
DATES: The meeting will be held from
10:00 a.m. to 11:00 a.m. Eastern Time on
Friday, July 7, 2023.
Submission of Written Statements:
Participation in the discussions at the
meeting will be limited to Advisory
Board members, Department of the
Treasury staff, and certain invited
guests. Anyone who would like to have
the Advisory Board consider a written
statement must submit it by 5:00 p.m.
SUMMARY:
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Fmt 4703
Sfmt 4703
Eastern Time on Thursday, June 29,
2023. Send electronic statements to
AdvisoryBoard@cdfi.treas.gov.
In general, the CDFI Fund will make
all statements available in their original
format, including any business or
personal information provided such as
names, addresses, email addresses, or
telephone numbers, for virtual public
inspection and copying. The CDFI Fund
is open on official business days
between the hours of 9:00 a.m. and 5:00
p.m. Eastern Time. You can make
arrangements to virtually inspect
statements by emailing AdvisoryBoard@
cdfi.treas.gov. All statements received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure. You should only submit
information that you wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Bill
Luecht, Senior Advisor, Office of
Legislative and External Affairs, CDFI
Fund; (202) 653–0322 (this is not a tollfree number); or AdvisoryBoard@
cdfi.treas.gov. Other information
regarding the CDFI Fund and its
programs may be obtained through the
CDFI Fund’s website at https://
www.cdfifund.gov.
SUPPLEMENTARY INFORMATION: Section
104(d) of the Riegle Community
Development and Regulatory
Improvement Act of 1994 (Pub. L. 103–
325), which created the CDFI Fund,
established the Advisory Board. The
charter for the Advisory Board has been
filed in accordance with the Federal
Advisory Committee Act, as amended
(5 U.S.C. 1001 et seq.), and with the
approval of the Secretary of the
Treasury.
The function of the Advisory Board is
to advise the Director of the CDFI Fund
(who has been delegated the authority to
administer the CDFI Fund) on the
policies regarding the activities of the
CDFI Fund. The Advisory Board does
not advise the CDFI Fund on approving
or declining any particular application
for monetary or non-monetary awards.
In accordance with section 10(a) of
the Federal Advisory Committee Act,
5 U.S.C. 1009 and the regulations
thereunder, Bill Luecht, Designated
Federal Officer of the Advisory Board,
has ordered publication of this notice
that the Advisory Board will convene an
open meeting, which will be conducted
virtually, from 10:00 a.m. to 11:00 a.m.
Eastern Time on Friday, July 7, 2023.
Members of the public who wish to
view the meeting must register in
advance. The link to the registration
system can be found in the meeting
announcement found at the top of
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]]>Agencies
[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40922-40924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13206]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0075]
Parts and Accessories Necessary for Safe Operation; Exemption for
Daimler Coaches North America, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: The FMCSA announces its decision to grant Daimler Coaches
North America, LLC's (Daimler Coaches) application for a limited five-
year exemption to allow its driver assistance camera technology (DACT)
device to extend beyond the current mounting location limits in the
lower area of the windshield on Tourrider commercial motorcoaches. The
Agency has determined that higher placement of Daimler Coaches' DACT
device would not have an adverse impact on safety and that adherence to
the terms and conditions of the exemption would likely achieve a level
of safety equivalent to, or greater than, the level of safety provided
by the regulation.
DATES: This exemption is effective June 27, 2023 and ending June 22,
2028.
FOR FURTHER INFORMATION CONTACT: Mr. Jose R. Cestero, Mechanical
Engineer, Vehicle and Roadside Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC-PSV, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
or via telephone: (202) 366-5541; or email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2022-0075'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2022-0075'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC
[[Page 40923]]
20590, 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency's
decision 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 (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Current Regulatory Requirements
Current Regulatory Requirements
Section 393.60(e)(1) currently requires vehicle safety technologies
mounted along the lower edge of the swept area to not extend more than
175 mm (7 inches) above the lower edge of the area swept by the
windshield wipers and be outside the driver's sight lines to the road
and highway signs and signals.
Applicant's Request
Daimler Coaches has applied for an exemption to allow its DACT
device to be mounted on the windshield of Tourrider luxury motorcoaches
in a location extending approximately 2.44 inches beyond the lower
mounting area limits specified in 49 CFR 393.60(e)(1)(ii)(B). Daimler
reports that this exemption would apply to approximately 200 Tourrider
motorcoaches annually.
In its application, Daimler Coaches states that the DACT device
manages the functionality of the Lane Departure Warning, Adaptive
Cruise Control, and Active Brake Assist 5 (ABA5) systems. These systems
are each part of the minimum standard safety system equipped on the
vehicle and are integral to the Electronic Stability Program. ABA5 uses
both existing radar and the new DACT device for both pedestrian and
vehicle recognition, commonly referred to as a ``forward collision
mitigation system.''
Daimler Coaches has noted previous exemptions granted by the Agency
for similar technologies on other commercial vehicles and supplier
technologies. For example, the Agency has previously granted exemptions
for Bendix Commercial Vehicle Systems LLC, 85 FR 77336 (April 06,
2021), Netradyne, Inc. 85 FR 82575 (Dec 18, 2020), J.J. Keller &
Associates, Inc. 85 FR 75106 (November 24, 2020), Samsara Networks,
Inc. 85 FR 68409 (Oct. 28, 2020), Nauto Inc. 85 FR 64220 (Oct. 9,
2020), Lytx Inc. 85 FR 30121 (May 21, 2020), and Navistar Inc. 84 FR
64952 (Nov. 25, 2019).
Without the proposed exemption, Daimler Coaches states that its
clients will be fined for violating current regulations.
IV. Method To Ensure an Equivalent or Greater Level of Safety
Daimler Coaches contends that its DACT device was developed and
used in individual Daimler trucks, buses, and motorcoaches in Europe
and subject to months of prototype on-road testing and that it has
confirmed that the system did not obstruct the driver's normal sight
lines on the road, highways signs, signals, or mirrors. Further, it
contends that the location of the device--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 is wiped clean by
normal use of the windshield wiper system.
Finally, Daimler Coaches states that it believes that mounting the
DACT device will maintain a level of safety that is ``at the very least
equivalent to, but in our evaluations, far greater than the level of
safety achieved without the exemption not only for the motorcoach in
operation, but also for other road users, plus pedestrians and cyclists
in urban areas.''
FMCSA considered the development of the DACT device, the driver
seating position, and the minimal amount of additional protrusion
beyond the permitted area within the swept area of the windshield wiper
when assessing the impact of the exemption on safety.
V. Public Comments
FMCSA published a notice of the application in the Federal Register
on August 5, 2022, and asked for public comment (87 FR 48063). The
Agency received no comments.
VI. FMCSA Decision
FMCSA has evaluated the Daimler Coaches exemption application. The
DACT device housing is approximately 187 mm (7.36 inches) tall by 277
mm (10.9 inches) wide and will be mounted 100 mm (3.8 inches) from the
center of the windshield on the driver's side with the edge of the
housing extending approximately 240 mm (about 9.44 inches) above the
lower edge of the area swept by the windshield wipers. Daimler Coaches
stated in its petition that similar safety camera technologies have
been granted by the Agency. FMCSA notes that those technologies, while
similar, have different mounting location requirements than the driver
assistance technology developed by Daimler Coaches. Other safety camera
technologies are mounted on the upper edge of the area swept by the
windshield wipers, whereas Daimler Coaches' safety system is installed
on the lower edge of the area swept by the windshield wipers.
The DACT device will be mounted outside the driver's normal sight
lines to the road ahead, signs, signals, and mirrors. Daimler Coaches
states that this location will allow for optimal functionality of the
safety features supported by the device. The location of the
technology--within the sweep of the windshield wiper--also ensures the
safe operation of the system in inclement weather, where the sensors'
field of view can be wiped 'clean' through normal use of the windshield
wiper system. Additionally, because of the sweep pattern of the
windshield wiper, only the corner of the DACT device housing extends
into the prohibited mounting area. Daimler Coaches believes this
location to be critical for optimal functionality of the DACT device
safety system, which would not be achieved by mounting it (1) higher in
the windshield, and (2) within the location limits specified in section
393.60(e)(1)(ii).
The Agency agrees with Daimler Coaches that installation of an
operational driver assistance technology such as the DACT device system
provides a greater level of safety than would be provided if the
technology were not available. FMCSA does not believe that the location
of Daimler Coaches' camera technology will impede driver visibility of
normal
[[Page 40924]]
sightlines towards signs, signals, and mirrors because (1) the safety
device minimally exceeds the lower edge of the area swept by the
windshield wipers; (2) generally, motorcoaches have an elevated seating
position that greatly improves the forward visual field of view, and
any resultant impairment of available sight lines would be minimal; and
(3) the mounting location of Daimler Coaches' camera technology will be
reasonable and enforceable at roadside.
In addition, the Agency believes the use of Daimler Coaches' DACT
device by fleets is likely to improve the overall level of safety for
the motoring public. For these reasons, the Agency believes that
allowing placement of the Daimler Coaches' DACT device beyond the area
of the lower windshield currently permitted by Agency regulations will
likely provide a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption.
VII. Terms and Conditions for the Exemption
During the temporary exemption period, motor carriers are allowed
to operate Daimler Tourrider commercial motorcoaches equipped with
Daimler Coaches' DACT device mounted not more than 240 mm (9.5 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. When operating under this exemption, motor carriers are
subjected to the following terms and conditions:
1. This exemption is limited to Daimler Coaches' DACT device on
Tourrider commercial motorcoaches and does not apply to any other
camera safety technology device or commercial motor vehicle (CMV).
2. This exemption is subject to revocation prior to the 5-year
expiration in the event that FMCSA obtains information supporting and
makes a determination that use of the DACT safety device on Tourrider
motorcoaches does not achieve the requisite statutory level of safety
or the exemption is not consistent with 49 U.S.C. 31136(e). Interested
parties possessing information demonstrating that motor carriers
utilizing Daimler Coaches' DACT safety device on Tourrider motorcoaches
are not achieving the requisite statutory level of safety should
immediately notify FMCSA at [email protected]. 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.
Termination
The exemption is valid for 5 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) motor carriers operating
Tourrider commercial motorcoaches 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).
Robin Hutcheson,
Administrator.
[FR Doc. 2023-13206 Filed 6-21-23; 8:45 am]
BILLING CODE 4910-EX-P
