Parts and Accessories Necessary for Safe Operation; Grant of Temporary Exemption for Volvo/Prevost LLC |
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Topics: Volvo, Prevost
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T. F. Scott Darling, III
Federal Motor Carrier Safety Administration
March 13, 2015
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13460-13461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05634]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0386]
Parts and Accessories Necessary for Safe Operation; Grant of
Temporary Exemption for Volvo/Prevost LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Volvo/Prevost, LLC's (Volvo/Prevost)
application for a limited two-year exemption from 49 CFR 393.60(e)(1)
on behalf of motor carriers that will be operating commercial motor
vehicles (CMV) manufactured by the company to use lane departure
warning (LDW) systems mounted in the windshield area at a height lower
than what is currently allowed by the regulation. The LDW system alerts
drivers who unintentionally drift out of their lane of travel, thus
promoting improved safety performance. The Agency has determined that
the placement of the LDW system camera in the windshield area would not
have an adverse impact on safety and that the terms and conditions of
the exemption would achieve a level of safety equivalent to or greater
than the level of safety provided by the regulation.
DATES: This exemption is effective from March 13, 2015 through March
13, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-4325, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to the notice requesting public comments on the
exemption application, 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. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSR). 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)).
Volvo/Prevost's Application for Exemption
Volvo/Prevost applied for an exemption from 49 CFR 393.60(e)(1) to
allow the installation of an LDW system on motorcoaches purchased by
its customers. 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 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.
The application stated:
Volvo/Prevost is making this request so it is possible to
introduce a Lane Departure Warning system in line with [the] NHTSA
Bus Safety plan as it already did for several other safety features.
The camera must be installed in the wiper swept area of [the]
windshield for the system to perform correctly because it must have
a clear forward facing view of the road. On a today's typical coach
the lower part of the windshield is outside the driver's sight lines
to the road and highway signs and signals which is different from a
truck. Therefore, we request the installation of the camera on the
lower part of the windshield within the bottom 7 inches of the wiper
swept area.
In addition, Volvo/Prevost noted that without the proposed
temporary exemption, it would not be able to deploy the LDW system in
motorcoaches because (1) its customers would be fined for violating the
current regulation, (2) the LDW system would not perform adequately and
would not bring the safety benefits expected, and (3) the camera would
be more in the field of view of the driver. Volvo/
[[Page 13461]]
Prevost states that if the exemption is granted, it ``will be able to
install the LDW camera system in a location which will offer the best
opportunity to optimize the data and evaluate the benefits of such a
system.''
Comments
FMCSA published a notice of the application in the Federal Register
on December 18, 2013, and asked for public comment (78 FR 76702).
The Agency received one comment, from Greyhound Lines, Inc.
(Greyhound). Greyhound stated that it ``has a substantial number of
motorcoaches manufactured by Prevost in its fleet and has been an
industry leader in adding innovative safety equipment to its
motorcoaches.'' Greyhound strongly supports the granting of the
exemption, stating that it ``believes that the lane departure warning
(LDW) system that Prevost plans to install on its motorcoaches can be a
useful tool for enhancing motorcoach safety if properly installed,''
and agreed with Volvo/Prevost's assertion that ``the camera must be
installed in the wiper swept area of [the] windshield for the system to
perform correctly because it must have a clear forward facing view of
the road.'' Greyhound agreed that installation of the LDW camera within
the bottom 7 inches of the wiper swept area ``will maximize its
effectiveness as a safety tool while not impeding the driver's sight
lines.''
FMCSA Decision
The FMCSA has evaluated the Volvo/Prevost exemption application.
The Agency believes that granting the temporary exemption to allow the
placement of LDW systems 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 LDW systems would obstruct
drivers' views of the roadway, highway signs and surrounding traffic;
(2) generally, 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
bottom seven inches of the area swept by the windshield wiper and out
of the driver's normal sightline will be reasonable and enforceable at
roadside. In addition, the Agency believes that the use of LDW systems
by fleets is likely to improve the overall level of safety to the
motoring public.
This action is consistent with previous Agency actions permitting
the placement of LDW systems on CMVs within the swept area of the
windshield wipers. In November 2011, FMCSA granted temporary exemptions
to Con-way, Takata, and Iteris enabling the mounting of LDW system
sensors not more than 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 Agency recently renewed these
exemptions for a second 2-year period, as FMCSA is not aware of any
evidence showing that the installation of the devices has resulted in
any degradation in safety. Further, while the original exemption
granted relief to motor carriers using only the Takata and Iteris LDW
systems, the Agency determined that it was appropriate to extend the
scope of the exemption to motor carriers using any LDW system, given
that FMCSA is unaware of any reduction in the level of safety
associated with the use of those systems.
However, the provisions of that exemption cannot apply to the
Volvo/Prevost application, as the requested mounting location for the
Volvo/Prevost LDW system is at the lower portion of the windshield,
within the bottom 7 inches of the wiper swept area, as opposed to the
mounting location permitted by the other exemption, which is not more
than 2 inches below the upper edge of the area swept by the windshield
wipers. Notwithstanding the different mounting location, and for the
reasons discussed above, FMCSA believes that allowing the placement of
LDW systems in the lower portion of the windshield, within the swept
area of the wipers, will provide a level of safety that is equivalent
to, or greater than the level of safety achieved without the exemption.
FMCSA continues to believe that the potential safety gains from the use
of LDW systems to improve driver performance will 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,
beginning March 13, 2015 and ending March 13, 2017. During the
temporary exemption period, motor carriers operating motorcoaches
manufactured by Volvo/Prevost must ensure that the LDW systems are
mounted 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. The exemption will be valid for two
years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) Motor carriers operating motorcoaches manufactured by
Volvo/Prevost 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 motor carriers operating motorcoaches manufactured by Volvo/
Prevost 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 regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.
Issued on: March 2, 2015.
T. F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-05634 Filed 3-12-15; 8:45 am]
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