Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Bendix Commercial Vehicles Systems LLC |
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Topics: Bendix
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
December 7, 2015
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 76061-76062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30800]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0166]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for Bendix Commercial Vehicles Systems LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: FMCSA renews an exemption that enables motor carriers to mount
lane departure warning system cameras and collision mitigation system
cameras lower in the windshield of a commercial motor vehicle (CMV)
than is currently permitted by the Agency's regulations. The Agency has
concluded that granting this exemption renewal will maintain a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption. However, the Agency requests comments
on this issue, especially from anyone who believes this standard will
not be maintained.
DATES: This decision is effective November 18, 2015. Comments must be
received on or before January 6, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) number FMCSA-2010-0166 by any of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
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 through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Instructions: Each submission 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 http://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 http://www.regulations.gov or to Room W12-140,
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The Federal
Docket Management System (FDMS) is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
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 http://www.regulations.gov Web site 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 http://www.regulations.gov Web site as well as
the DOT's http://docketsinfo.dot.gov Web site. 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: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an
exemption from the Federal Motor Carrier Safety Regulations for a two-
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption'' (49 CFR 381.305(a)).
Basis for Renewing Exemption
On November 18, 2011 (76 FR 71619), FMCSA published a notice of
final disposition granting exemption applications from Con-way, Takata,
and Iteris to allow the placement of lane departure warning system
sensors lower in the windshield than is currently permitted by the
Agency's regulations. In 2011, Iteris completed the sale of its vehicle
sensors business to Bendix Commercial Vehicles Systems LLC (Bendix),
which continued to sell the Iteris-developed lane departure warning
systems. In May 2013, Bendix applied for a renewal of the November 2011
exemption. On November 25, 2013, FMCSA published a notice renewing this
exemption until November 18, 2015 (78 FR 70396). While the November
2011 exemption granted relief to motor carriers using only the Takata
and Iteris lane departure warning systems, the November 2013 exemption
renewal extended the scope of the exemption to encompass motor carriers
using any lane departure warning system provided that the sensor that
is mounted in the windshield is (1) the same size or smaller than the
Takata and Bendix sensors, and (2) mounted in the windshield in
accordance with the provisions of the original exemption. Bendix is
seeking renewal of the 2013 exemption, and requests that the scope of
the exemption be extended to include its comparably-sized camera-based
collision mitigation system.
The FMCSA has determined preliminarily that it is appropriate to
renew the exemption for another two-year period pending a review of
public comments in response to the application. The Agency believes
that granting the exemption renewal to continue allowing the placement
of lane departure warning system sensors lower in the windshield than
is 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 lane departure
warning system sensors 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 location within the top two inches of the
area swept by the windshield wiper and out of the driver's normal
[[Page 76062]]
sightline will be reasonable and enforceable at roadside. The Agency is
unaware of any incidents wherein a crash involving vehicles equipped
with these lane departure warning systems could be attributed to the
minimal visual intrusion of the devices into the drivers' field of
vision. In addition, the Agency believes that the use of lane departure
warning systems--and collision mitigation systems--by fleets is likely
to improve the overall level of safety to the motoring public.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a two-year period,
ending November 17, 2017. During the temporary exemption period, motor
carriers using lane departure warning systems and collision mitigation
systems with sensors measuring 2 inches by 3.5 inches or smaller must
ensure that the sensors are mounted not more than 50 mm (2 inches)
below the upper edge of the area swept by the windshield wipers, and
outside the driver's sight lines to the road and highway signs and
signals. The exemption will be valid for two 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).
Request for Comments
Interested parties possessing information that would demonstrate
that CMVs operated by motor carriers using lane departure warning
systems or collision mitigation systems 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. 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.
Issued on: November 30, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-30800 Filed 12-4-15; 8:45 am]
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