Parts and Accessories Necessary for Safe Operation; Renewal of Exemption for Con-Way Freight, TK Holdings, Inc., and Bendix |
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Topics: Con-Way, Bendix
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William Bronrott
Federal Motor Carrier Safety Administration
November 25, 2013
[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Pages 70396-70398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28205]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0166]
Parts and Accessories Necessary for Safe Operation; Renewal of
Exemption for Con-Way Freight, TK Holdings, Inc., and Bendix
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) renews
an exemption which enables motor carriers to mount lane departure
warning system sensors 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 renewed exemption 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, 2013. Comments must be
received on or before December 26, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) number FMCSA-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: 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 for the FDMS published in the Federal
Register published on December 29, 2010 (73 FR 82132) or you may visit
http://edocket/access.gpo.gov/2008/pdf/E8-785.pdf.
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. 31315 and 31136(e), FMCSA may grant an exemption
from the prohibition on obstructions to the driver's field of view
requirements in 49 CFR 393.60(e) 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 of safety that would be
achieved absent such exemption'' (49 CFR 381.305(a)).
Applications for Exemptions
On November 11, 2009, Con-way applied for an exemption from 49 CFR
393.60(e)(1) to allow it to install lane departure warning system
sensors on 1,272 of its newly purchased power units. Takata and Iteris
submitted nearly identical exemption applications for their lane
departure warning system sensors on December 15, 2009 and on February
25, 2010, respectively. On June 14, 2010, FMCSA published a notice of
these applications, and asked for public comment (75 FR 33666).
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 (collectively, 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.
Con-way, Takata, and Iteris stated that over the last several
years, truck manufacturers have increased the windshield area to
maximize driver visibility. As a result, manufacturers
[[Page 70397]]
have installed larger windshield wipers that increase the swept area
beyond the minimum required by Federal Motor Vehicle Safety Standard
(FMVSS) No. 104, ``Windshield Wiping and Washing Systems.'' FMVSS No.
104 establishes minimum windshield wiper standards to be used by
manufacturers of passenger cars, multi-purpose passenger vehicles,
trucks, and buses.
Con-way, Takata, and Iteris provided diagrams and photos showing
the dimensions of their lane departure sensors and their mounting
locations on vehicle windshields. Specifically, the lane departure
sensor device itself measures 2 inches by 3.5 inches and is mounted
within the top 2 inches of the windshield wiper sweep. The lane
departure system requires the forward lens of the sensor to be in the
swept area of the windshield for a clear view during inclement weather.
Con-way, Takata, and Iteris cited the findings of a report
published by FMCSA's Office of Analysis, Research and Technology titled
``Benefit-Cost Analyses of Onboard Safety Systems,'' which summarizes
the projected safety benefits for various CMV onboard safety
technologies, including lane departure warning systems. Using projected
efficacy rates ranging from 23 percent to 53 percent, the report
estimated that, based on industry-wide use, lane departure warning
systems have the potential to eliminate approximately 1,609-2,463
single-vehicle roadway departure crashes, 627-1,307 single-vehicle
roadway departure rollovers, 1,111-2,223 same-direction lane departure
sideswipes, 997-1,992 opposite-direction lane departure sideswipes, and
59-118 opposite-direction lane departure head-on collisions. Con-way,
Takata, and Iteris each stated that without the exemption, they would
be unable to (1) implement the lane departure warning system, and (2)
realize the potential safety benefits that could be expected with the
utilization of this technology, as estimated in the FMCSA report
described above.
2011 Notice of Final Disposition
On November 18, 2011 (76 FR 71619), FMCSA published a notice of
final disposition granting the Con-way, Takata, and Iteris exemption
applications. FMCSA determined that granting the temporary exemptions
to allow the placement of lane departure warning system sensors lower
in the windshield than is currently permitted by the Agency's
regulations would 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 was 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 sightline would be
reasonable and enforceable at roadside. In addition, the Agency
believed that the use of lane departure warning systems by fleets would
be likely to improve the overall level of safety to the motoring
public.
Bendix's Request for the Renewal of the Exemption
In 2011, Iteris, Inc. completed the sale of its vehicle sensors
business to Bendix, which is continuing to sell the Iteris-developed
lane departure warning systems. Bendix is seeking renewal of the 2011
exemption.
FMCSA Decision
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 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 by fleets is likely to improve the overall level of safety to
the motoring public.
While the November 2011 exemption granted relief to motor carriers
using only the Takata and Iteris lane departure warning systems, the
Agency has determined--given it is unaware of any reduction in the
level of safety associated with the use of those systems--that it is
appropriate to extend the scope of this exemption at this time to
encompass motor carriers using any lane departure warning system,
provided that the sensor that is mounted in the vehicle windshield (1)
is the same size (2 inches by 3.5 inches) or smaller than the Takata
and Bendix sensors, and (2) mounted in the windshield in accordance
with the provisions of the original exemption, and as restated below.
If, however, a motor carrier wishes to utilize a lane departure warning
system using sensors larger than those identified above, a new
exemption application will need to be submitted to FMCSA in accordance
with the requirements of 49 CFR 381.300.
Terms and Conditions for the Exemption
The Agency hereby grants the exemptions for a two-year period,
beginning November 25, 2013 and ending November 25, 2015. During the
temporary exemption period, motor carriers using lane departure warning
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).
Interested parties possessing information that would demonstrate
that CMVs operated by motor carriers using lane departure warning
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
During the period the exemption is in effect, no State shall
enforce any law or
[[Page 70398]]
regulation that conflicts with or is inconsistent with this exemption
with respect to a person operating under the exemption.
Issued on: November 18, 2013.
William Bronrott,
Deputy Administrator.
[FR Doc. 2013-28205 Filed 11-22-13; 8:45 am]
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