Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Transecurity LLC |
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Topics: Transecurity
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Larry W. Minor
Federal Motor Carrier Safety Administration
August 23, 2012
[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Notices]
[Pages 51104-51105]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20752]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0165]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Transecurity LLC (Transecurity)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from
Transecurity LLC to allow the placement of an onboard safety monitoring
system (OBMS) at the bottom of windshields on commercial motor vehicles
(CMVs). The Federal Motor Carrier Safety Regulations (FMCSRs) currently
require antennas, transponders, and similar devices to be located not
more than 6 inches below the upper edge of the windshield, outside the
area swept by the windshield wipers, and outside the driver's sight
lines to the road and highway signs and signals. Transecurity is
coordinating device development and the installation of camera-based
monitoring systems for FMCSA in up to 500 CMVs. The exemption would
enable motor carriers to participate in a field operation test to
evaluate the system and allow for on-road data collection. Transecurity
believes this mounting position would maintain a level of safety that
is equivalent to or greater than the level of safety achieved without
the exemption.
DATES: Comments must be received on or before September 24, 2012.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2011-0165 by any of the following
methods:
Web Site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to 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.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site and also at
the DOT's http://docketsinfo.dot.gov Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard or print the acknowledgement 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
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the FMCSRs. On August 20, 2004, FMCSA published a final rule
implementing section 4007 (69 FR 51589). Under this rule, FMCSA must
publish a notice of each exemption request in the Federal Register (49
CFR 381.315(a)). The Agency must provide the public with an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49
[[Page 51105]]
CFR 381.315(b)). If the Agency denies the request, it must state the
reason for doing so. If the decision is to grant the exemption, the
notice must specify the person or class of persons receiving the
exemption and the regulatory provision or provisions from which an
exemption is granted. The notice must also specify the effective period
of the exemption (up to 2 years) and explain the terms and conditions
of the exemption. The exemption may be renewed (49 CFR 381.315(c) and
49 CFR 381.300(b)).
Transecurity's Application for Exemption
Transecurity has applied for an exemption from 49 CFR 393.60(e)(1)
to allow the installation of the camera-based OBMS at the bottom of the
windshield on CMVs. A copy of the application is included in the docket
referenced at the beginning of this notice.
Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the
driver's field of view by devices mounted at the top of the windshield.
Antennas, transponders and similar devices (devices) must not be
mounted more than 152 mm (6 inches) below the upper edge of the
windshield. These devices must be located outside the area swept by the
windshield wipers and outside the driver's sight lines to the road and
highway signs and signals.
Transecurity has applied for the exemption because it wants to
install the camera- based OBMS equipment in up to 500 CMVs operating
throughout the United States in support of research being conducted on
behalf of FMCSA. Transecurity contends that it must be able to mount
the camera-based OBMSs lower than allowed under 49 CFR 393.60(e)(1)
``because the safety equipment must have a clear forward facing view of
the road, and low enough to accurately scan facial features for
detection of impaired driving.'' Transecurity's mounting preference for
the camera-based OBMS and necessary mounting brackets is at the bottom
of the windshield, and is best suited for mounting within and/or below
3 inches of the bottom of the windshield wiper sweep, and out of the
driver's sightlines to the road and highway signs and signals, to the
extent practicable.
FMCSA Grant of Waiver to Transecurity
Pursuant to 49 U.S.C. 31315(a) and 49 CFR part 381, subpart B, the
FMCSA granted Transecurity a 90-day waiver on July 23, 2012 to allow
the placement of the OBMS at the bottom of windshields on CMVs, outside
of the area permitted by Sec. 393.60 of the FMCSRs. This waiver is
effective from July 24, 2012, through October 23, 2012. Up to 500 OBMS
will be installed, and the affected motor carriers are listed as below:
1. DOT 90792; Eagle Transport Corporation--Florida.
2. DOT 252234; Holiday Tours Inc.--Randleman, NC.
3. DOT 16377; H&W Trucking Co. Inc.--Mt. Airy, NC.
4. DOT 348258; Associated Grocers--Baton Rouge, LA.
5. DOT 2222676; AM Express Inc.--Escanaba, MI.
During the waiver period, these motor carriers participating in the
FMCSA research field operation test must ensure that the OBMS is
mounted within 3 inches of the bottom of the driver side windshield
wiper sweep, and out of the driver's sightlines to the road and highway
signs and signals as much as practicable. Vehicles participating in the
study must carry a copy of this waiver in the vehicle.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on Transecurity's
application for an exemption from 49 CFR 393.60(e)(1). All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the ``Addresses'' section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.
Issued on: August 16, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-20752 Filed 8-22-12; 8:45 am]
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