Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Daimler Coaches North America, LLC Publication: Federal Register Signing Official: Larry W. Minor Agency: Federal Motor Carrier Safety Administration Date: 5 August 2022 Topic: Daimler AG

[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 48063-48064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16868]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0075]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Daimler Coaches North America, LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA requests public comment on an application for exemption 
from Daimler Coaches North America, LLC to allow its driver assistance 
camera technology to be mounted higher in the lower area of the 
windshield on commercial motor vehicles than is currently permitted.

DATES: Comments must be received on or before September 6, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2022-0075 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2022-0075) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
Operations.
    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.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, MC-PSV, (202) 366-5541 or jose.cestero@dot.gov, Federal 
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2022-0075), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2022-0075'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 81/2 by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions 
from certain parts of the Federal Motor Carrier Safety Regulations 
(FMCSRs). 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)).

III. Background

Current Regulatory Requirements

    49 CFR 393.60(e)(1)(ii) currently requires devices meeting the 
definition of ``vehicle safety technology,'' including Daimler Coaches 
North America, LLC's (DCNA) driver assistance camera technology device, 
to be mounted (1) not more than 4 inches below the upper edge of the 
area swept by the windshield wipers, or (2) 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. On March 7, 2022, FMCSA issued a final rule that goes into 
effect on May 6, 2022 (87 FR 12596). The new rule expands the mounting 
location of devices that meet the definition of ``vehicle safety 
technology'' and allows them to be mounted:
    (A) Not more than 216 mm (8.5 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.

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    The revised rule only increases the upper edge area swept by the 
windshield wipers and does not change the lower edge area.

Applicant's Request

    DCNA has applied for an exemption from 49 CFR 393.60(e)(1) to allow 
its driver assistance camera technology device to be mounted higher in 
the lower area of the windshield than is currently permitted. A copy of 
the application is included in the docket referenced at the beginning 
of this notice.

Equivalent Level of Safety

    In its application, DCNA states that the functionality of its 
driver assistance camera technology includes the ability to manage the 
Lane Departure Warning System (LDWS), Adaptive Cruise Control (ACC), 
Active Brake Assist 5 (ABA5) which is the minimum standard safety 
system and integral to the Electronic Stability Program (ESP). ABA5 
uses both existing radar and the new camera technology for both 
pedestrian and vehicle recognition, commonly referred to as a ``forward 
collision mitigation system.''
    The technology housing is approximately 187 mm (7.36 inches) tall 
by 277 mm (10.9 inches) wide and will be mounted in the approximate 
lower center of the windshield with the bottom edge of the housing 
approximately 240 mm (about 9.44 inches) above the lower edge of the 
area swept by the windshield wipers. The technology will be mounted 
outside the driver's normal sight lines to the road ahead, signs, 
signals, and mirrors. This location will allow for optimal 
functionality of the safety features supported by DCNA's driver 
assistance camera technology. The location of the technology--within 
the sweep of the left side windshield wiper--also ensures the safe 
operation of the system in inclement weather, where the sensors field 
of view can be wiped 'clean', as required, by normal use of the 
windshield wiper system.
    DCNA believes that mounting the driver assistance camera technology 
system as described will maintain a level of safety that is equivalent 
to, or greater than, the level of safety achieved without the 
exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on DCNA's application for an 
exemption. 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-16868 Filed 8-4-22; 8:45 am]
BILLING CODE 4910-EX-P