Parts and Accessories Necessary for Safe Operation; Windshield-Mounted Technologies |
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
23 September 2016
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65568-65574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22923]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2016-0234]
RIN 2126-AB94
Parts and Accessories Necessary for Safe Operation; Windshield-
Mounted Technologies
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
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SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations
(FMCSRs) to allow the voluntary mounting of certain devices on the
interior of the windshields of commercial motor vehicles (CMVs),
including placement within the area that is swept by the windshield
wipers. Section 5301 of the Fixing America's Surface Transportation
(FAST) Act directs the Agency to amend the FMCSRs to allow devices to
be mounted on the windshield that utilize ``vehicle safety
technology,'' as defined in the Act. In addition, the section 5301
states that all windshield mounted devices/technologies with a limited
2-year exemption in effect on the date of enactment, shall be
considered to meet the equivalent-or-greater safety standard required
for the initial exemption. Promulgation of this final rule is a
nondiscretionary, ministerial action that does not require prior notice
and public comment under the Administrative Procedure Act (APA).
DATES: This final rule is effective October 24, 2016.
Petitions for Reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than October 24, 2016.
FOR FURTHER INFORMATION CONTACT: If you have questions on this final
rule, call or email Mr. Luke Loy, Vehicle and Roadside Operations
Division, Office of Bus and Truck Standards and Operations, Federal
Motor Carrier Safety Administration, telephone: 202-366-0676;
luke.loy@dot.gov. If you have questions on viewing or submitting
material to the docket, contact Docket Services, telephone 202-366-
0676.
SUPPLEMENTARY INFORMATION: This Final Rule is organized as follows:
I. Executive Summary
II. Abbreviations
III. Legal Basis
IV. Background
V. FAST Act--Windshield Technology
VI. Discussion of Final Rule
VII. International Impacts
VIII. Section-by-Section
IX. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory
Policies and Procedures as Supplemented by E.O. 13563)
B. Regulatory Flexibility Act (Small Entities)
C. Assistance for Small Entities
D. Unfunded Mandates Reform Act of 1995
E. Paperwork Reduction Act (Collection of Information)
F. E.O. 13132 (Federalism)
G. E.O. 12988 (Civil Justice Reform)
H. E.O. 13045 (Protection of Children)
I. E.O. 12630 (Taking of Private Property)
J. Privacy
K. E.O. 12372 (Intergovernmental Review)
L. E.O. 13211 (Energy Supply, Distribution, or Use)
M. E.O. 13175 (Indian Tribal Governments)
N. National Technology Transfer and Advancement Act (Technical
Standards)
O. Environment (NEPA, CAA, E.O.12898 Environmental Justice)
I. Executive Summary
Section 5301 of the FAST Act, enacted on December 4, 2015, but made
effective on October 1, 2015, pursuant to section 1003, directs the
Secretary to revise 49 Code of Federal Regulations (CFR) 393.60(e)
relating to the prohibition on obstructions to the driver's field of
view, to provide an exception for the voluntary mounting on a
windshield of ``vehicle safety technology'' likely to achieve a level
of
[[Page 65569]]
safety that is equivalent to or greater than the level of safety that
would be achieved without the exception. Section 5301(c) provides that
any windshield-mounted technology for which FMCSA had granted a limited
exemption under 49 CFR part 381 that was in effect on the date of
enactment of the FAST Act (October 1, 2015) shall be considered as
meeting the equivalent-or-better level of safety. For this reason,
FMCSA amends 49 CFR 393.60(e) to allow the use of all the devices for
which limited exemptions had previously been granted, with restrictions
on placement that are consistent with the restrictions that were
included in the limited 2-year exemptions.
Specifically, the Agency replaces current Sec. 393.60(e)(1) with
(1) Sec. 393.60(e)(1)(i), which requires antennas and similar devices
to be mounted not more than 152 mm (6 inches) below the upper edge of
the windshield, and outside the driver's sight lines to the road and
highway signs and signals; and (2) Sec. 393.60(e)(1)(ii), which
provides an exception to paragraph (e)(1)(i) to allow devices that
utilize certain vehicle safety technologies (including, but not limited
to video event recorders, lane departure warning systems, collision
mitigation or warning systems, transponders, and sensors that are part
of a hands-free driver aid equipment package) to be mounted on the
interior of the windshield and within the area swept by the windshield
wipers. The Agency adds a definition of ``vehicle safety technology''
in Sec. 393.5, specifically as it relates to Sec. 393.60(e). The
Agency believes the potential economic impact of these changes is
negligible. The amendments do not impose new or more stringent
requirements, but simply codify the temporary exemptions granted
pursuant to 49 CFR part 381 that allow the use of the above-mentioned
devices/technologies in locations that would have previously been a
violation of Sec. 393.60(e)(1). More importantly, the amendments do
not mandate the use of any devices/technologies, but simply permit the
voluntary use of the devices/technologies while mounted in a location
that maximizes their effectiveness without impairing operational
safety.
II. Abbreviations
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Full name Abbreviation or acronym
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Clean Air Act........................... CAA
Categorical Exclusion................... CE
Code of Federal Regulations............. CFR
Commercial Motor Vehicles............... CMVs
Executive Order......................... EO
Federal Highway Administration.......... FHWA
Federal Motor Carrier Safety FMCSA
Administration.
Federal Motor Carrier Safety Regulations FMCSRs
Fixing America's Surface Transportation FAST Act
Act.
Motor Carrier Act, 1935................. 1935 Act
Motor Carrier Safety Act of 1984........ 1984 Act
National Environmental Policy Act....... NEPA
Notice of Proposed Rulemaking........... NPRM
Office of Management and Budget......... OMB
United States Code...................... U.S.C.
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III. Legal Basis for the Rulemaking
This rulemaking is based on the authority of the Motor Carrier Act,
1935 [1935 Act], the Motor Carrier Safety Act of 1984 [1984 Act], and
the FAST Act of 2015.
The 1935 Act, as amended, provides that ``[t]he Secretary of
Transportation may prescribe requirements for--(1) qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a motor carrier; and (2) qualifications and maximum
hours-of-service of employees of, and standards of equipment of, a
motor private carrier, when needed to promote safety of operation.''
[49 U.S.C. 31502(b)].
The 1984 Act provides concurrent authority to regulate drivers,
motor carriers, and vehicle equipment. It requires the Secretary to
``prescribe regulations on commercial motor vehicle safety. The
regulations shall prescribe minimum safety standards for commercial
motor vehicles. At a minimum, the regulations shall ensure that--(1)
commercial motor vehicles are maintained, equipped, loaded, and
operated safely; (2) the responsibilities imposed on operators of
commercial motor vehicles do not impair their ability to operate the
vehicles safely; (3) the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate vehicles safely .
. .; (4) the operation of commercial motor vehicles does not have a
deleterious effect on the physical condition of the operators; and (5)
an operator of a commercial motor vehicle is not coerced by a motor
carrier, shipper, receiver, or transportation intermediary to operate a
commercial motor vehicle in violation of a regulation promulgated under
this section, or chapter 51 or chapter 313 of this title.'' [49 U.S.C.
31136(a)].
Section 5301 of the FAST Act directs FMCSA to exempt voluntary
mounting of a vehicle safety technology on a windshield if that
technology is likely to achieve a level of safety that is equivalent to
or greater than the level of safety that would be achieved without the
exemption [Pub. L. 114-94, 129 Stat. 1312, 1543, Dec. 4, 2015]. Section
5301(c) also specifies that any regulatory exemption for windshield-
mounted technologies in effect on the date of enactment of the FAST Act
``shall be considered likely to achieve a level of safety that is
equivalent to or greater than the level of safety that would be
achieved absent an exemption . . .'' It must be noted, however, that
section 1003 of the FAST Act makes this provision effective on October
1, 2015, not on the date the act was signed.
The requirements of 49 U.S.C. 31136 (a)(1), (2) and (4) are
applicable to this rulemaking action. The rulemaking amends 49 CFR part
393 to allow certain safety equipment to be mounted within the area of
the windshield swept by the windshield wipers. The Agency has concluded
that this modification will not impair operational safety. Because the
amendments in this final rule are primarily technical changes that make
permanent certain variances already allowed by regulatory exemptions,
FMCSA believes that they will be welcomed by motor carriers and drivers
alike and that coercion to violate these variances, which is prohibited
by Sec. 31136(a)(5), will not be an issue. FMCSA must consider the
``costs and benefits'' of any proposal before promulgating regulations
[49 U.S.C. 31136(c)(2)(A), 31502(d)].
Adoption of this rule is a nondiscretionary ministerial action.
Because prior notice and opportunity for comment could not affect the
substance of this rule, FMCSA finds good cause under 49 U.S.C. 553(b)
to make the rule immediately final. For the same reason, the Agency
finds good cause to make the rule effective upon publication, as
authorized by 49 U.S.C. 553(d).
IV. Background
The fundamental purpose of 49 CFR part 393, ``Parts and Accessories
Necessary for Safe Operation,'' is to ensure that an employer does not
operate a CMV or cause or permit it to be operated, unless it is
equipped in accordance with the requirements and specifications of that
part. However, nothing contained in part 393 should be construed to
prohibit the use of additional equipment and accessories,
[[Page 65570]]
as long as it is not inconsistent with or prohibited by the FMCSRs,
provided that such equipment and accessories do not decrease the safety
of operation of the CMV on which they are used (Sec. 393.3).
Prior to 1998, Sec. 393.60(c) (``Use of vision-reducing matter'')
prohibited the operation of any CMV ``with any label, sticker,
decalcomania, or other vision-reducing matter covering any portion of
its windshield or windows at either side of the driver's compartment,
except that stickers required by law may be affixed at the bottom of
the windshield, provided that no portion of any label, sticker,
decalcomania, or other vision-reducing matter may extend upward more
than 4 \1/2\ inches from the bottom of such windshield.'' On March 6,
1995, the Federal Highway Administration (FHWA) granted a petition from
the Commonwealth of Kentucky and Heavy Vehicle Electronic License
Plate, Inc. for a waiver of the requirements of Sec. 393.60(c) to
allow mounting of an automatic vehicle identification transponder at
the upper border of the windshield of CMVs. After reviewing automotive
engineering recommended practices, the Federal Motor Vehicle Safety
Standards, research regarding driver's field of view, and CMV cab
designs related to placement of interior mirrors and sun visors, FHWA
concluded that mounting a transponder at the approximate center of the
top of the windshield would be extremely unlikely to create a situation
inconsistent with the safe operation of a CMV, and was unlikely to have
any effect on a driver's ability to observe nearby objects, such as
pedestrians.
On April 14, 1997, FHWA published a notice of proposed rulemaking
(NPRM) in which the Agency proposed general amendments to part 393 of
the FMCSRs, including numerous revisions to Sec. 393.60 regarding
glazing materials, windshields and windows (62 FR 18170). Among other
things, FHWA proposed revising Sec. 393.60(c) concerning the
restrictions on the use of vision-reducing matter on windshields to
allow the installation of antennas, transponders, and similar devices
in the upper margin of windshields. Specifically, the NPRM proposed to
replace Sec. 393.60(c) with a new Sec. 393.60(e), ``Prohibition on
obstructions to the driver's field of view,'' that would (1) 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 or signals, and (2) retain the general
requirement that inspection decals and stickers required under Federal
or State laws must be mounted not more than 4\1/2\ inches from the
bottom of the windshield, outside the area swept by the windshield
wipers, and outside the driver's sight lines to the road and highway
signs or signals. The proposed revisions were intended to eliminate the
need for motor carriers to petition FHWA for waivers to allow the use
of windshield-mounted transponders and similar devices, such as the
March 1995 waiver. The NPRM stated that ``The proposed amendment would
codify the March 6, 1995, waiver and help to promote the use of
advanced technologies to improve the efficiency and safety of operation
of commercial motor vehicles.''
On January 9, 1998, FHWA published a final rule adopting the
amendments as proposed in the April 1997 NPRM (63 FR 1383). In adopting
the amendments, FHWA stated that ``revising Sec. 393.60 to allow the
use of windshield-mounted transponders and similar devices will help to
promote increased efficiency and safety of motor carrier operations.''
FHWA reviewed accident reports concerning the transponder-equipped CMVs
operating under the terms of the 1995 waiver, and determined that there
had been no crashes that could be attributed to the mounting of such
devices in the uppermost area of the center of the windshields of the
CMVs. Based on this, FHWA concluded that ``the real-world experience of
the motor carriers operating approximately 10,000 transponder-equipped
CMVs indicates that allowing other CMVs to be similarly equipped is
consistent with the public interest and the safe operation of CMVs.''
The amendments adopted in the January 1998 final rule, establishing
Sec. 393.60(e), have remained unchanged over the past 18 years.
In the past several years, FMCSA has granted numerous temporary
exemptions from 49 CFR 393.60(e)(1) for a variety of devices and safety
technologies that require a clear forward-facing visual field to
function most effectively. In conditions of rain or other inclement
weather, these devices must be located partially or entirely in the
area of the windshield swept by wipers. Many of these devices/safety
technologies, such as video event recorders, lane departure warning
system sensors, and forward collision warning and mitigation systems,
did not exist when the requirements of Sec. 393.60(e) were first
established in 1998.
V. FAST Act--Windshield Technology
Section 5301(a) of the FAST Act directs FMCSA to amend Sec.
393.60(e) of the FMCSRs to ``exempt from that section the voluntary
mounting on a windshield of vehicle safety technology likely to achieve
a level of safety that is equivalent to or greater than the level of
safety that would be achieved absent the exemption.'' ``Vehicle safety
technology'' is defined in Section 5301(b) to include (1) a fleet-
related incident management system, (2) performance or behavior
management system, (3) speed management system, (4) lane departure
warning system, (5) forward collision warning or mitigation system, (6)
active cruise control system, and (7) any other technology that the
Secretary considers applicable.
Section 5301(c) also states that ``any windshield mounted
technology with a short term exemption under part 381 of title 49, Code
of Federal Regulations, on the date of enactment of this Act, shall be
considered likely to achieve a level of safety that is equivalent to or
greater than the level of safety that would be achieved absent an
exemption.'' The following is a list of temporary exemptions from Sec.
393.60(e) that were in effect on October 1, 2015, the effective date of
the FAST Act pursuant to section 1003:
On March 13, 2015 (80 FR 13460), FMCSA granted a 2-year
exemption from Sec. 393.60(e)(1) to Volvo/Prevost, LLC motorcoaches
for a lane departure system 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
lane departure warning system alerts drivers who unintentionally drift
out of their lane of travel, thus promoting improved safety
performance.
On March 18, 2015 (80 FR 14222), FMCSA granted Mobileye,
Inc., a 2-year exemption from Sec. 393.60(e)(1) for CMVs utilizing a
camera-based collision avoidance system mounted not more than 4 inches
below the upper edge, or 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 collision avoidance system warns drivers
of potential hazards by detecting other vehicles, pedestrians and
cyclists on the road, and lane markings and traffic signs.
On March 18, 2015 (80 FR 14231), FMCSA granted Lytx Inc.
(formerly DriveCam, Inc.), a renewal of a 2-year exemption from Sec.
393.60(e)(1) for CMV utilizing video event recorders mounted not more
than 50 mm (2 inches) below the upper edge of the area swept by the
windshield wipers, and located outside the driver's sight lines to the
road and highway signs and signals. Use of the
[[Page 65571]]
video event recorders increases safety through (1) identification and
remediation of risky driving behaviors such as distracted driving and
drowsiness, (2) enhanced monitoring of passenger behavior for CMVs in
passenger service, and (3) enhanced collision review and analysis. This
exemption was initially granted on April 15, 2009, and was renewed for
successive 2-year periods in 2011, 2013, and 2015.
On April 2, 2015 (80 FR 17818), FMCSA granted Greyhound
Lines, Inc. a renewal of a 2-year exemption from Sec. 393.60(e)(1) for
its buses utilizing video event recorders mounted not more than 50 mm
(2 inches) below the upper edge of the area swept by the windshield
wipers, and located outside the driver's sight lines to the road and
highway signs and signals. Use of the video event recorders increases
safety through (1) identification and remediation of risky driving
behaviors such as distracted driving and drowsiness, (2) enhanced
monitoring of passenger behavior for CMVs in passenger service, and (3)
enhanced collision review and analysis. This exemption was initially
granted on March 19, 2009, and was renewed for successive 2-year
periods in 2011, 2013, and 2015.
On May 20, 2015 (80 FR 29151), FMCSA granted the Virginia
Tech Transportation Institute a 2-year exemption from Sec. 393.60(e)
to allow certain motor carriers operating up to 150 CMVs that are part
of a National Highway Traffic Safety Administration (NHTSA) research
program on the reliability of collision avoidance systems to mount
camera-based data acquisition systems within and/or below 3 inches of
the bottom of the driver side windshield wiper sweep, and out of the
driver's sight lines to the road and highway signs and signals. The
data acquisition system provides an external view of the road and an
internal view of the driver, scanning the facial features of the driver
for detection of impaired driving.
On June 22, 2015 (80 FR 35697), FMCSA granted Help, Inc. a
2-year exemption from Sec. 393.60(e)(1) for motor carriers using Help,
Inc. transponders mounted 2 inches right of the center of the
windshield, and 2-3 inches above the dashboard. If however, because of
the design and mounting of the windshield wipers on a particular CMV,
use of the mounting location identified above did not result in the
transponder being located within the swept area of the wipers, where it
could function optimally, the transponder could be positioned: (1) To
the right of the center of the windshield; and (2) as low as possible
in the swept area of the wipers. The transponders transmit and receive
data that is used to help determine a vehicle's compliance with safety,
weight, and credential requirements while traveling at highway speeds,
saving motor carriers time, fuel, and money, reducing congestion around
inspection facilities, and improving inspection efficiency and
effectiveness by enabling officials to focus their resources on
vehicles with safety and size and weight infractions.
On November 18, 2013, FMCSA renewed (and published on
November 25, 2013, 78 FR 70396) for 2 years an exemption from Sec.
393.60(e)(1) for motor carriers using lane departure warning systems
and collision mitigation systems 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 lane departure warning system alerts drivers who
unintentionally drift out of their lane of travel, thus promoting
improved safety performance. This exemption was initially granted in
2011, renewed (through November 25, 2015) in 2013, and again (through
November 17, 2017) on December 7, 2015 (80 FR 76061). The 2011
exemption was in effect on the date of enactment of the FAST Act.
Less than one month after enactment of the FAST Act, FMCSA granted
one additional temporary exemption from Sec. 393.60(e) that is
currently in effect:
On December 21, 2015 (80 FR 794112), FMCSA granted Volvo
Trucks of North America a 2-year exemption from Sec. 393.60(e)(1) for
motor carriers operating Volvo CMVs to use a rain and ambient light
detection sensor mounted in the lower part of the passenger side of the
windshield within the bottom 7 inches of the area swept by the
windshield wipers, outside the driver's sight lines to all mirrors,
highway signs, signals, and view of the road ahead. The sensors are
part of a hands-free driver aid equipment package intended to improve
driver safety.
Video event recorders (Lytx, Greyhound), lane departure warning
systems (Bendix, Volvo/Prevost), and collision avoidance systems
(Mobileye) were specifically identified in the definition of ``vehicle
safety technology'' in section 5301(b) of the FAST Act. FMCSA considers
both the VTTI data acquisition system, which scans a driver's facial
features for the detection of impaired driving, and the Volvo rain and
ambient light sensor, which is part of a hands-free driver aid
equipment package, to be ``performance or behavior management systems''
under the definition in the Act. While transponders do not fall into
any of the specific categories included in the definition of ``vehicle
safety technology'' in the Act, these devices have been permitted to be
mounted in the windshield of CMVs since the granting of the 1995
waiver, and will be included in the amendments made via this rule as
the HELP, Inc., temporary exemption was in effect at the time the Act
was published.
VI. Discussion of Final Rule
As directed by the Act, this final rule amends Sec. 393.60(e) to
allow certain vehicle safety technologies to be mounted on the interior
of the windshield of a CMV, within a defined portion of the swept area
of the windshield. FMCSA adds a definition of ``vehicle safety
technology'' in Sec. 393.5 of the FMCSRs, to include all of the
technologies that had been granted temporary exemptions from Sec.
393.60(e) that were in effect at the time the FAST Act was enacted.
Consistent with the terms and conditions outlined in the various
temporary exemptions currently in effect, the amended rules require
devices that must be mounted within the area swept by the windshield
wipers to be located (1) not more than 100 mm (4 inches) below the
upper edge, and (2) not more than 175 mm (7 inches) above the lower
edge of the area swept. Additionally, and consistent with the existing
regulation and the terms and conditions of the temporary exemptions,
the devices must be located outside the driver's sight lines to the
road and highway signs and signals.
Similar to the 1995 waiver and the 1998 amendments to Sec. 393.60,
this rule updates the FMCSRs in response to the development and
proliferation of devices that utilize new and innovative vehicle safety
technologies that did not exist at the time the previous requirements
were adopted. These devices/technologies have been proven to improve
safety and vehicle operations. As the first temporary exemption from
393.60(e)(1) was granted in March 2009, FMCSA has over 7 years of real-
world experience of motor carriers operating CMVs using devices mounted
on the interior of the windshield and marginally within the area swept
by the windshield wipers. During that time, FMCSA is unaware of any
crashes that have been attributed to the location of such devices.
Section 5301(b) of the Act directs the Agency to permit specific
vehicle safety technologies (i.e., fleet-related incident management
system, performance or behavior management system, speed
[[Page 65572]]
management system, lane departure warning system, forward collision
warning or mitigation system, and active cruise control system) to be
mounted lower in the windshield than currently allowed, and ``any other
technology that the Secretary considers applicable.'' At this time, the
Agency is unaware of any other existing technologies that should be
included in the amendments made via this rule.
VII. International Impacts
The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries that they operate in, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences amongst nations.
VIII. Section-by-Section Analysis
Under this final rule, the requirements of 49 CFR 393.60 are
revised to allow for the utilization of specific vehicle safety
technologies that would be mounted on the interior of the windshield of
a CMV, and within the area swept by the windshield wipers. FMCSA also
adds a definition for ``vehicle safety technology'' in 49 CFR 393.5
IX. Regulatory Analyses
A. Executive Order 12866 (Regulatory Planning and Review and DOT
Regulatory Policies and Procedures as Supplemented by Executive Order
13563)
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011); is not
significant within the meaning of DOT regulatory policies and
procedures (DOT Order 2100.5 dated May 22, 1980, 44 FR 11034, February
26, 1979); and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that Order. Therefore, the Office of
Management and Budget has not reviewed it under that Order. The Agency
estimates that the economic benefits and costs of the voluntary use of
vehicle safety technologies will be less than $100 million. Carriers
will not incur costs associated with adopting any technologies
identified in this final rule because all such technologies are purely
optional. Manufacturers of technologies currently exempted will
experience a minor cost savings through the elimination of the biennial
burden to renew existing exemptions. Manufacturers not currently named
in exemptions that wish to develop and market such technologies will
have new business opportunities. Carriers that choose to purchase and
install currently exempt technologies may be more confident in doing so
since there will be no question as to whether an expiring exemption
will be renewed.
Furthermore, the net impact of this rule, although small, should be
beneficial to the motoring public. When FMCSA previously granted each
exemption involved here, it found that doing so would likely achieve a
level of safety equivalent to, or greater than, the level of safety
achieved without the exemption. Based on the technical information
available, there is no indication that the rain and ambient light
detection sensors, lane departure warning system sensors, collision
mitigation or avoidance system sensors, video event recorders or
transponders would obstruct drivers' views of the roadway, highway
signs and surrounding traffic. Generally, trucks and buses have an
elevated seating position that greatly improves the forward visual
field of the driver; and the location within the top four inches of the
area swept by the windshield wipers and out of the driver's sightline
or within the bottom 7 inches of the area swept by the windshield
wipers and out of the driver's sightline will be reasonable and
enforceable at roadside. Moreover, no exemption has been rescinded due
to: (1) Motor carriers and/or commercial motor vehicles failing to
comply with the terms and conditions of an exemption; (2) A lower level
of safety than that prior to the granting of an exemption; or (3)
Inconsistency between continuation of an exemption with the goals and
objectives of 49 U.S.C. 31136(e) and 31315(b). For the reasons stated
above, the Agency estimates that the net impact of this rule will be
positive.
The economic impact of this final rule is expected to be small
because it merely makes permanent certain temporary exemptions to the
windshield-obstruction rule, and none of its provisions involve new or
more stringent requirements than those already allowed by current
exemptions. This final rule does not approach the $100 million annual
threshold of economic significance with respect to costs; in fact, it
adds no new costs. With respect to benefits, this final rule will
marginally increase the usage of vehicle safety technologies as defined
in Section 5301(b) of the FAST Act, thereby producing safety benefits
that the Agency lacks data to quantify. However, as the vehicle safety
technologies permanently exempted in this rule are already commercially
available and used by many carriers, the Agency expects their usage to
increase only slightly faster than without this rule. The Agency
therefore expects the benefits of this final rule will not rise to the
$100 million annual threshold for economic significance. Moreover, the
Agency does not expect the rule to generate substantial congressional
or public interest.
The FMCSA has determined that it has good cause under 5 U.S.C.
553(b) to adopt this final rule without prior notice and opportunity
for comment. The Agency finds that notice and comment are
``unnecessary'' because section 5301(a) of the FAST Act required FMCSA
to revise Sec. 393.60(e) within 180 days of the date of enactment,
essentially to codify as permanent regulations those exemptions to the
windshield-obstruction rule that have been issued in recent years.
Section 5301(c) specified that any exemption from Sec. 393.60(e) in
effect on the date of enactment of the FAST Act must be considered to
meet the statutory test for an exemption in 49 U.S.C. 31315(b)(1),
i.e., ``likely [to] achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.''
Because section 5301 gives FMCSA no discretion in amending the
regulations to allow vehicle safety technology, the Agency has
determined that notice and comment are unnecessary.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Title II, Pub. L. 104-121, 110 Stat. 857, March 29, 1996),
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term ``small entities'' comprises
small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields
and governmental jurisdictions with populations of less than 50,000.
Accordingly, DOT policy requires an analysis of the impact of all
regulations on small entities and mandates that agencies strive to
lessen any adverse effects on these businesses.
Pursuant to the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C.
601 et seq.), as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not
required to prepare a
[[Page 65573]]
final regulatory flexibility analysis under 5 U.S.C. 604(a) for this
final rule because the Agency has not issued a notice of proposed
rulemaking prior to this action. FMCSA determined that it has good
cause to adopt the rule without notice and comment.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, FMCSA wants to assist small entities in
understanding this final rule so that they can better evaluate its
effects on them and participate in the rulemaking initiative. If the
final rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the FMCSA
personnel listed in the FOR FURTHER INFORMATION CONTACT section of the
final rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy ensuring the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
D. Unfunded Mandates Reform Act of 1995
This final rule will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that results in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $155
million (which is the value of $100 million in 2014 after adjusting for
inflation) or more in any 1 year.
E. Paperwork Reduction Act (Collection of Information)
This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). FMCSA has
determined that no new information collection requirements are
associated with this rule under OMB control number 2126-0003,
``Inspection, Repair, and Maintenance.''
F. Executive Order 13132 (Federalism)
A rule has Federalism implications if it has a substantial direct
effect on State or local governments and would either preempt State law
or impose a substantial direct cost of compliance on the States. FMCSA
has analyzed this final rule under Executive Order 13132 and determined
that it does not have Federalism implications.
G. Executive Order 12988 (Civil Justice Reform)
The final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
H. Executive Order 13045 (Protection of Children)
FMCSA analyzed this action under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. The
Agency determined that this final rule will not create an environmental
risk to health or safety that may disproportionately affect children.
I. Executive Order 12630 (Taking of Private Property)
FMCSA reviewed this final rule in accordance with Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights, and has determined it will not effect a
taking of private property or otherwise have taking implications.
J. Privacy Impact Assessment
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment of a regulation that will affect
the privacy of individuals. This final rule does not require the
collection of any personally identifiable information.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this final rule will not result in a new or revised
Privacy Act System of Records for FMCSA.
K. Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
L. Executive Order 13211 (Energy Supply, Distribution, or Use)
FMCSA analyzed this final rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. The Agency has determined that it is not a ``significant energy
action'' under that order because it is not a ``significant regulatory
action'' likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, it does not require a
Statement of Energy Effects under E.O. 13211.
M. Executive Order 13175 (Indian Tribal Governments)
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
N. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because FMCSA does not intend to adopt its
own technical standards, there is no need to submit a separate
statement to OMB on this matter.
O. Environment (National Environmental Policy Act, Clean Air Act,
Environmental Justice)
FMCSA analyzed this final rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1 (69 FR 9680,
March 1, 2004) that this action does not have any effect on the quality
of the environment. Therefore, this final rule is categorically
excluded from further analysis and documentation in an environmental
assessment or environmental impact statement under FMCSA Order 5610.1,
Appendix 2, paragraph 6.bb. The Categorical Exclusion (CE) in paragraph
6.bb. addresses regulations concerning vehicle operation safety
standards (e.g., regulations requiring: Certain motor
[[Page 65574]]
carriers to use approved equipment which is required to be installed
such as an ignition cut-off switch, or carried on board, such as a fire
extinguisher, and/or stricter blood alcohol concentration (BAC)
standards for drivers, etc.), equipment approval, and/or equipment
carriage requirements (e.g. fire extinguishers and flares). A
Categorical Exclusion Determination is available for inspection or
copying in the Regulations.gov.
FMCSA also analyzed this final rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it does not affect direct or indirect
emissions of criteria pollutants.
Under E.O. 12898, each Federal agency must identify and address, as
appropriate, ``disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations'' in the United States,
its possessions, and territories. FMCSA evaluated the environmental
justice effects of this final rule in accordance with the Executive
Order, and has determined that it has none, nor is there any collective
environmental impact that would result from its promulgation.
List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
For the reasons stated above, FMCSA amends 49 CFR chapter III,
subchapter B, as follows:
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
1. The authority citation for part 393 is revised to read as follows:
Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5301 and 5524 of
Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
0
2. Amend Sec. 393.5 by adding a definition for ``Vehicle safety
technology'' in alphabetical order to read as follows:
Sec. 393.5 Definitions.
* * * * *
Vehicle safety technology. Vehicle safety technology includes a
fleet-related incident management system, performance or behavior
management system, speed management system, lane departure warning
system, forward collision warning or mitigation system, active cruise
control system, and transponder.
* * * * *
0
3. Amend Sec. 393.60 by revising paragraph (e)(1) to read as follows:
Sec. 393.60 Glazing in specified openings.
* * * * *
(e) Prohibition on obstructions to the driver's field of view--(1)
Devices mounted on the interior of the windshield. (i) Antennas, 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.
(ii) Paragraph (e)(1)(i) of this section does not apply to vehicle
safety technologies, as defined in Sec. 393.5, that are mounted on the
interior of a windshield. Devices with vehicle safety technologies must
be mounted:
(A) Not more than 100 mm (4 inches) below the upper edge of the
area swept by the windshield wipers;
(B) Not more than 175 mm (7 inches) above the lower edge of the
area swept by the windshield wipers; and
(C) Outside the driver's sight lines to the road and highway signs
and signals.
* * * * *
Issued under the authority of delegation in 49 CFR 1.87 on:
September 12, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-22923 Filed 9-22-16; 8:45 am]
BILLING CODE 4910-EX-P